More: The legal strategy developed by the Center for American Progress"the "Corporate Power Reset""will, state by state, drain corporate and dark money from American politics. It does not overturn Citizens United; it makes it irrelevant.
Corporations are pure creatures of state law. And for more than two centuries, the Supreme Court has affirmed that states have virtually unlimited authority to modify and withdraw the powers they grant to their corporations.
This report explains how every state can use that authority to remove corporate and dark money from its local, state, and federal politics.
"Even if the Supreme Court decreed that humans had a constitutional right to fly, there is no amount of arm flapping that would result in humans taking to the skies, because they would still lack that ability."
Likewise, when a state exercises its authority to define corporations as entities without the power to spend in politics, it will no longer be relevant to discuss whether the corporations have a right to spend in politics, because without the power to do so, the right to do so has no meaning.
Every scrap of corporate speech jurisprudence centers on rights and the authority of government to regulate them"and courts have consistently held that authority to be sharply circumscribed. The jurisprudence regarding states' authority to grant powers to the corporations they create is entirely separate, and for more than a century, courts have consistently held that power-granting authority to be all but absolute.
It won't even make it to trial.
www.lawfaremedia.org
They have to prove she intentionally deceived the bank by claiming it would be her primary residence in order to secure a better rate, not simply an error.
1. This claim literally only relies on a power of attorney document.
She clearly caught the error in the document and notified the bank it would NOT be her primary residence. It would be the primary residence for her neice who she was helping buy the property. She did so in capital letters in emails to the mortgatge loan broker: "This property will NOT be my primary residence. It will be Shamice's primary residence."
2. Worse for the DOJ, the loan application filed after the erred power of attorney form clearly reflects that it will NOT be her primary residence.
So Prosecutors are going to have a hard time proving she intended to deceive the bank.
3. The other option prosecutors are trying to claim the Fannie May/Freddie Mac standardized form requires the signer to use the home as their primary residence. Except, it was signed by BOTH her and her niece. So that is unlikely to go anywhere as well.
So essentially showing intent will be impossible AND showing it would have gotten her a better rate nearly impossible. Both are required.
There is a reason why DOJ attorneys refused to bring the case and Trump had to put his own insurance lawyer in AND why no other DOJ attorney would even sign documents related to the case.