KY Primary Success Pushes Back Against Unfounded Accusations

Despite warnings from prominent liberals that Tuesday's election in Kentucky would be a disaster, the state largely had success with the adjustments it made to its voting procedures during the COVID-19 pandemic. Republican Secretary of State Michael Adams worked with Democratic Governor Andy Beshear to implement protocols for Tuesday's election to run smoothly. Voter turnout is expected to be on par or greater than normal for primary elections. By 3:30 p.m., over 103,000 votes had been cast in person on Tuesday.

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ICYMI - Supreme Court Heard Faithless Electors Cases - Part II (Oral Argument)

Last month, 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 – 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.  Part I featured some highlights from arguments presented to the Court by amici, and this post will focus on oral argument and the analysis of the case.

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Flynn and DOJ Fight Back Against Judge Sullivan's "Intemperate Amicus"

On Wednesday, former National Security Advisor Michael Flynn's legal team and the Department of Justice filed responses to the inflammatory brief written by Michael Gleeson on behalf of District Judge Emmet Sullivan. Judge Karen LeCraft Henderson referred to Gleeson as an "intemperate amicus" during oral arguments before the D.C. Circuit last week.

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Democrats Left with Egg on Their Faces in New Hampshire

There has long been a fight in New Hampshire on whether you should be a resident of New Hampshire to vote in New Hampshire.  That is not a typo.  Democrat New Hampshire Secretary of State Bill Gardner labels it “drive-by voting.”  As Secretary Gardner has often stated on efforts to fix this problem legislatively:

“The bill is an attempt to prevent ‘drive-by’ voting ... you can’t just drive into the state, vote and leave,” Secretary of State Bill Gardner said.

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Obama Judge Strikes Down AL Voting Safeguards

Citing COVID-19 concerns, Obama appointee U.S. District Judge Abdul Kallon partially granted a temporary injunction that limits the enforcement of Alabama's voter ID law and witness/notarization requirement for absentee ballots in Jefferson, Mobile, and Lee counties. The ruling also prohibited any prohibition of curbside voting. Changing the rules less than a month before the election will likely be problematic. Widespread problems were reported during recent primary elections in states where last-minute changes were made to voting laws.

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RNLA Co-Chair: Universal VBM Problematic for 2020 Election

On Monday, RNLA’s Co-Chair Harmeet Dhillon published an op-ed in USA TODAY about the risks that widespread vote-by-mail poses in the upcoming election. Currently, she is representing Republicans in California suing to prevent absentee ballots from being sent to inactive voters. Absentee voting plays an important role in the electoral process for those who are unable to vote in person. However, Democrats are pushing for universal vote-by-mail despite the warnings of election experts on both sides of the aisle.

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Rule of Law – and Leadership from Democratic Officials – Absent in Seattle’s CHAZ/CHOP Zone

While Republican lawmakers continue to promote the rule of law in response to recent nationwide unrest, Democratic lawmakers in Seattle are taking the opposite approach. One week ago, a group of protestors seized 6 blocks of the area surround Seattle’s Capitol Hill and  established the Capitol Hill Autonomous Zone (CHAZ) or Capitol Hill Organized Protest (CHOP). Seattle Mayor Jenny Durkin has taken a hands off approach to the takeover, even going so far as abandoning the Seattle Police’s East Precinct against the wishes of Police Chief Carmen Best.

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"Intemperate Amicus"

On Friday morning, oral arguments were heard before the D.C. Circuit concerning former National Security Advisor Michael Flynn’s appeal on a writ of mandumus  to District Court Judge Emmett Sullivan’s decision to decline to drop the charges against Flynn despite the Department of Justice’s request after an internal investigation. During the arguments, Judge Karen LeCraft Henderson called Judge Emmet Sullivan’s attorney, John Gleeson, an “intemperate amicus.”  As Jonathan Turley describes Gleeson:

Now Gleeson has filed a brief that confirms the worst fears that many of us had about his appointment.  Gleeson assails what he called  “a trumped-up accusation of government misconduct.” The ultimate position advocated in Gleeson’s arguments would be a nightmare for criminal defendants, criminal defense counsel and civil libertarians.  Indeed, as discussed below, Gleeson was previously reversed as a judge for usurping the authority of prosecutors.

Gleeson actually makes the Red Queen in “Alice in Wonderland” look like an ACLU lawyer. After all she just called for “Sentence First–Verdict Afterward”  Gleeson is dispensing with any need for verdict on perjury, just the sentence. However, since these arguments are viewed as inimical to the Trump Administration, many seem blind to the chilling implications. . . .

[A]ccording to Gleeson, the Court should first sentence a defendant on a crime that the prosecutors no longer believe occurred in a case that prosecutors believe (and many of us have argued) was marred by the own misconduct.  He would then punish the defendant further by treating his support for dismissal and claims of coercion as perjury.  That according to former judge Gleeson is a return to “regularity.”  I have been a criminal defense attorney for decades and I have never even heard of anything like that. It is not “regular.” It is ridiculous.


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Cuomo and Elias Uncover "Voter Suppression" . . . by Democrats

The bias of the mainstream media has been exposed again after CNN's Chris Cuomo pushed the inaccurate Democrat talking points that problems with Georgia's primary were caused by so called "voter suppression" tactics by the Republican Secretary of State. Georgia's Statewide Voting Implementation Manager Gabriel Sterling dismantled Cuomo's narrative by explaining the cause of the issues on Tuesday – mishandling of the elections process during the COVID-19 pandemic by local officials. Many of these officials are Democrats.

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More on the Attempted "Judicial Coup" in the Flynn Case

Today, attorney and retired judge John Gleeson filed a brief on behalf of Judge Emmet Sullivan, defending Judge Sullivan’s decision to decline to immediately drop charges against former National Security Advisor Michael Flynn at the Department of Justice’s request.  Judge Sullivan’s position represents an improper encroachment on the power of the Executive. The brief is contrary to what Gleeson himself wrote while serving as a judge. In 2013, he that prosecutors have “near-absolute power” when dismissing a case unless the motion is “clearly contrary to manifest public interest.”

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