General Michael Flynn's attorneys have requested a writ of mandamus from the D.C. Circuit ordering that the Department of Justice's unopposed motion to dismiss be granted. While mandamus is an extraordinary writ, the district judge's actions in the past two weeks have also been extraordinary. As Hans von Spakovsky explained:Read more
As the COVID-19 pandemic continues and state and local governments take different approaches in responding it, an increasing number of cases have been filed against alleged government overreach. At first they were largely First Amendment cases, as we have previously covered (5/5, 4/22, 4/16, 4/13, 4/9, and 3/27), but now litigation is pending on nearly every government action in response to the pandemic, including challenges to governors' entire executive orders.
Last week, the Wisconsin Supreme Court struck down Governor Tony Evers' "safer-at-home" order. RNLA member Jake Curtis analyzed the decision, which was made on state separation of powers grounds:Read more
Last week, the Supreme Court heard oral argument (virtually) in two "faithless electors" cases, Chiafalo v. Washington and Colorado Department of State v. Baca. Presidential electors who wished to vote in 2016 for persons other than Hillary Clinton, who won the popular vote in both states, were sanctioned by the states, with a $1,000 fine for the Washington electors and removal for the Colorado electors. These cases present interesting constitutional, jurisdictional, and legal policy questions, and the justices seemed to consider them close cases during oral argument. Here are some highlights from arguments presented to the Court by amici, and part II will focus on oral argument and analysis of the case.Read more
Carrie Severino wrote today about liberals' attacks on the rule of law and Attorney General Bill Barr, all as part of their efforts to "resist" the presidency of Donald Trump:
What we have been witnessing is an all-out assault on the rule of law from the woke Left, which has elevated its political ideology to something resembling a secular religion. By this mentality, Trump and his agents are monomaniacally recast as totems of sinister forces who must be stopped at all costs. Never mind notions of fair process and democratic deliberation that made the American system of law what it is.Read more
While House Speaker Nancy Pelosi continues to push a federal power grab for elections with the HEROES Act, the problems with her attempted election administration dictates have been exposed. Just yesterday in Pelosi’s birthplace of Baltimore, Maryland, a story came out about how one of her top priorities, vote by mail, disenfranchises people:
Nearly 1 in 10 ballots could not be delivered to Baltimore City voters during the special election in April, raising concerns for the June 2 primary, which is also being conducted by mail.
The data, released by the Maryland Board of Elections late Tuesday, shows that 20,367 of the more than 230,500 ballots sent to Baltimore City voters could not be delivered before the April 28 special election. An additional 4,355 ballots were undeliverable to Baltimore County voters, while 3,886 were not delivered to Howard County voters — about 3% of all ballots in those two jurisdictions. . . .
An additional 660 were not counted because they lacked a signature.Read more
While the Democrats seem to continuously reward bad actors who falsely accuse, such as Rep. Adam Schiff, with leadership roles, it looks as if they know will award the original such bad actor with their party's Presidential nomination. The original bad guy Chairman may have been presumptive Democratic Presidential nominee Joe Biden. Biden was the Chairman of the Senate Judiciary Committee when the term “borking" was created after the travesty done to Judge Robert Bork. As Webster’s defines "bork": “to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism or vilification.”Read more
After Ukraine and the Russia-hoax, it seems likely the Democrats in the U.S. House's quest for Donald Trump’s tax returns is just the latest effort to damage the President politically. During oral argument over President Trump’s tax returns, USA Today sums up that point as follows:
On the other hand, all the conservatives and some liberal justices wondered whether the subpoenas go too far in seeking a decade of private data involving not only the president but members of his family. They suggested such extensive probing could harass and distract both Trump and future presidents.
. . .
“How can we both protect the House’s interest in obtaining information it needs to legislate but also protect the presidency?" Kavanaugh asked House general counsel Douglas Letter. . . .
But even liberal Associate Justice Stephen Breyer noted the subpoenas "go way, way beyond tax returns," a concern voiced by several conservative colleagues.Read more
While reasonable people can disagree about how elections should be changed in response to the unique challenges of COVID-19, there should be universal agreement not to make them more dangerous and less effective. Yet that is what the left and California are trying to do.
Hillary Clinton's 2016 lawyer and Steele dossier funder Marc Elias has made ballot harvesting one of his four pillars for election reform. As Logan Churchwell explains in an op-ed entitled, All-mail ballot harvesters could be the next COVID-19 superspreaders:
Picture a harvester in a densely-populated city visiting dozens of houses and apartments each day — often crossing thresholds into living rooms to promote a particular candidate, cause or party. Think of the air they breathe, the touched surfaces and the collected ballot envelopes sealed with human saliva from each home. It only takes one untested, asymptomatic COVID-19 carrier’s ballot being harvested to risk exposure for the rest of the neighborhood as that political operative continues door-to-door.
Proponents have a tough sell in credibly convincing the public that all-mail ballot elections are actually safer with respect to sanitary concerns.Read more
After the news broke today that the Department of Justice was dropping charges against Michael Flynn, Wall Street Journal columnist Kim Strassel tweeted:
8) Instead of continuing to cover/apologize for FBI misconduct, they might instead try to relocate the principles they threw out the door in 2016. Flynn should never have been prosecuted.— Kimberley Strassel (@KimStrassel) May 7, 2020