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Saturday, June 22, 2024

Jimmy Carter is within sight of making history yet again. Sunday marks 100 days until Carter would become the first president to witness his own 100th birthday. As Carter inches closer to his birthday on Oct. 1, defying odds and expectations, preparations are gearing up for the landmark event - including a 100-mile bike ride and a film festival in his home state of Georgia. read more


David A. Graham: One year ago, when former President Donald Trump was indicted on charges related to his hoarding of classified documents, the case was randomly assigned to Aileen Cannon, a federal judge for the Southern District of Florida. Cannon's selection immediately stirred up worries. She had little trial experience, having been appointed to the bench at just 39. She was an appointee of Trump himself. And she had already raised concerns with her rulings in favor of Trump in a precursor to the case, which were later reversed by a sharply critical appeals court. read more


Friday, June 21, 2024

Josh Gerstein: A rift is emerging among the Supreme Court's conservatives - and it could thwart the court's recent march to expand gun rights. On one side is the court's oldest and most conservative justice, Clarence Thomas. On the other is its youngest member, Amy Coney Barrett. The dispute over the historical approach - part of a legal philosophy known as originalism - also could have implications for Donald Trump's pending bid to have the high court declare him immune from prosecution for attempting to subvert the 2020 election. read more


The Supreme Court has ruled that when an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment. Chief Justice John Roberts wrote the opinion, and Justice Clarence Thomas dissented. "Our tradition of firearm regulation allows the Government to disarm individuals who present a credible threat to the physical safety of others," he wrote. read more


Wednesday, June 19, 2024

Brett Edkins: Fully 48 percent of voters say reaching a verdict in Donald Trump's federal election interference trial is critical before November. But thanks to the Supreme Court, they will enter the voting booth without knowing if Trump has been found guilty of a federal crime. read more


Comments

One colleague argued to Cannon that it would be better for a judge in Miami, rather than her satellite Fort Pierce courthouse, to deal with the case, in part because the Miami courthouse has a facility for sensitive documents, the paper reported. When Cannon demurred, the chief judge of the district called her and argued that her reversed decision earlier meant that her having this case would look bad. She again declined to hand it off.

Whether Cannon's colleagues were concerned about inexperience or bias is not clear from the reporting, but what is striking is that they seem to have reached the same conclusion that many outsiders did at the time and later: Cannon has no business presiding over the case.

The trial was once scheduled to begin in May; now no tentative date even exists. She's also ruled against prosecutors again and again. Even when Cannon has ultimately rejected defense claims, she has first held hearings on matters that few judges are willing to entertain.

The case is crawling forward at the same time that the Supreme Court has been dilatory in ruling on Trump's argument that he should be immune to prosecution for acts taken as president - a claim that could upend his federal indictment for subverting the 2020 election. And just as no mechanism exists to speed up the justices, prosecutors have little recourse with Cannon.

In the future I surely hope that Congress passes a law that prohibits any federal judge who was appointed to their position by the President to adjudicate any case involving that President. The days of believing that judicial nominees themselves will always be impartial from the bench is over. This is the result of ignoring the professional recommendations of the ABA and other legal peer groups as to the professional worthiness of judicial nominees based on their legal histories and backgrounds. Only the best and brightest should occupy lifetime seats on our judiciaries, not politically in-the-tank hacks and jurists willing to bend the processes of law to points of relative absurdity when compared to the historical precedence of procedures and conduct.

Statistically, Americans have a less than one percent chance of living to 100. And Carter faces particularly significant challenges in reaching the milestone. For the past 16 months, he's been in hospice, end-of-life care that focuses on comfort and foregoes medical intervention. Half of people in hospice die within 17 days, according to the National Hospice and Palliative Care Organization.

According to friends and family, Carter continues to have a good appetite and eats meals made from the squash, peppers, corn and other vegetables grown on his boyhood farm, which is now a museum maintained by the National Park Service. They said he still recognizes people and smiles.

For several years he has not been able to walk, and the last time he went outside his home in Plains, Ga., was when he was wheeled into his backyard on Easter Sunday in March.

More recently, Carter has been sleeping or resting for much of the time, sometimes in a favorite recliner in the living room.

Since his improbable rise from peanut farmer to president in 1976, Carter has been an underdog. In 2015, he survived metastatic melanoma, which had spread to his liver and brain. He has long outlived all three siblings, who died of pancreatic cancer.

One of the most remarkable and productive lives of the last 2 centuries, Carter again stands as an unique icon - arguably more famous for his 43 post presidential years than his 4 years as President.

It's laughable how differently supposed evangelicals viewed this devoted man who openly lived his faith every single day of his life versus how they deify a philandering grifter who has never shown a moment of simple humanity - remorse, understanding or regret - as he daily breaks the very Commandments he claims to love.

Maybe Jimmy Carter was a living example of the abject hypocrisy that many people who espouse that religion guide and control our government and people obliviously represent. The Carter's lives were filled with continuous service to humanity and their own communities up until they were physically unable to do any more. What an American life - that isn't quite over yet.

Roberts Tries To Put The Bruen Toothpaste Back In the Tube

Thomas' dissent, in which he argues that there is no historical analogue to a law taking firearms from a domestic abuser under a protective order, is (horrifyingly) probably closer to the truth of what Bruen established. Roberts stretches the need for a historical predecessor into generalities, finding laws from the founding that took a bond as punishment if someone committed violence, or that removed weapons from those who'd menaced others. It's clear that the Court's sanctified history and traditions test is more flexible than it appears; when it comes to a drug dealing respondent who has fired his gun at his ex-girlfriend, at cars in traffic, in a fast food restaurant, and kept his weapons in his home nearby a copy of the restraining order forbidding him to have them, our history becomes much more forward-looking.

To be clear: Thank God. Anyone with half a brain already knows that this Court is almost entirely results-oriented, and if the conservatives need to pretend that the founders cared about wife-beating to stop domestic abusers from so easily murdering their victims, so be it.

But it also amplifies the mortification all of the right-wing justices should feel for signing onto Bruen in the first place, in which Thomas made abundantly clear that virtually all gun regulations were now at existential risk.

I'm glad the conservatives were shamed into this ruling; it'll mean fewer dead women. But it's yet more proof that these justices are fundamentally political actors, and that their supposedly ironclad interpretive tests are worth no more than the paper they're written on.

- Kate Riga

The divide became evident last week as the court ruled on what was expected to be an amusing but not terribly significant case over a trademark application for crude anti-Trump T-shirts. Despite the trivial subject matter, Barrett squared off with Thomas in such a confrontational manner that they seemed to be really fighting about something else.

Thomas wrote the majority opinion rejecting the trademark applicant's claim. Barrett (and all the other justices) agreed with that bottom-line result. The quarrel came down to methodology.

In a concurring opinion, Barrett used unusually blunt terms to skewer Thomas' history-based rationale for denying the trademark. She described his approach as "wrong twice over," and she made clear that her gripes went far beyond this case alone.

Barrett complained in her 15-page concurrence that her conservative colleagues have become so enamored of history that they're now employing it even when the record is ambiguous and the purpose of embracing a retrospective approach is unclear.

"The views of preceding generations can persuade, and, in the realm of stare decisis, even bind," Barrett wrote, using the Latin term for the principle that courts should adhere to past rulings. "But tradition is not an end in itself - and I fear that the Court uses it that way here."

"It presents tradition itself as the constitutional argument. ... Yet what is the theoretical justification for using tradition that way?" she wrote.

Barrett's next critique amounts to fighting words among legal conservatives: She compared Thomas' approach to the kind of amorphous, multi-pronged legal tests that conservatives frequently accuse liberal judges of concocting.

"Relying exclusively on history and tradition may seem like a way of avoiding judge-made tests. But a rule rendering tradition dispositive is itself a judge-made test," she asserted.

Last week's trademark case wasn't the first time Barrett has unfurled the yellow caution flag as the court turned to history to resolve a case. Almost a year ago, in a case involving the admissibility of confessions by co-conspirators, Barrett again accused Thomas of making too much of a very limited historical record.

"The Court overclaims. That is unfortunate," Barrett wrote in a solo concurrence, referring to Thomas' majority opinion. "While history is often important and sometimes dispositive, we should be discriminating in its use. Otherwise, we risk undermining the force of historical arguments when they matter most," she declared.

Completely outside the realm of political implications, this is truly huge. ACB is making the argument that fellow conservative justices seeking historical analogues as matters of ruling on contemporary constitutionality are themselves utilizing a "judge-made test" - the same thing these justices decried as being extralegal and outside the power of the SCOTUS.

For those who follow the progression of legal interpretations, ACB is telling Thomas and Alito that not only are their references into history just another "rule" created from the bench, she also argues that the examples they use do not fully represent the totality of viewpoints or considerations of the issues at particular points in history.

"It does seem to me that Justice Barrett is trying to lay down a marker of at least some limitation or clarity in terms of where she and the others on the court see history and tradition' moving in the future," said Catholic University law professor Jennifer Mascott, who clerked for Thomas at the Supreme Court and Kavanaugh when he was an appeals court judge. "Justice Barrett is basically raising questions that could really shift and perhaps limit the impact of the way specific [historical] examples are used."

store closings due to rampant theft that goes un-prosecuted

Just another gullible mind wallowing in the ignorance spewed by the Trumpist right wing media:

The alleged crime epidemic in places like San Francisco causing stores to flee may actually just be bad management, investment bank suggests

Retail theft in US cities: Separating fact from fiction

The fiction: Retail theft myths

There are three primary problems with the current retail theft narrative, which require policymakers' and the public's attention.

The first is a big one: Existing data on retail theft is highly unreliable and imprecise. First, "retail theft" is not an independent category reported by most police departments. Moreover, the terms increasingly used by industry and government officials - "organized retail crime" or "organized retail theft" - have no consistent legal definition across states and often encompass broader crimes such as cargo and employee theft (which are already associated with more severe sanctions). Even the California Retailers Association has acknowledged a lack of comprehensive and reliable data on retail theft.

The second is that shoplifting in major cities did not actually spike in the ways that media has reported. According to the Council on Criminal Justice, only 24 cities consistently reported shoplifting data over the past five years, and of those cities, shoplifting decreased in 17. Moreover, looking across all 24 cities, the prevalence of shoplifting in 2023 remained below 2018 and 2019 levels. Even San Francisco - which has often been cited as having a "shoplifting epidemic" - saw a 5% decline in shoplifting between 2019 and 2023.

Finally, corporate claims are not holding up to scrutiny, and are being used to close stores that are essential assets for many communities. Although the National Retail Federation said that "organized retail crime" drove nearly half of all inventory losses in 2021, the group later retracted its claim; it now no longer attaches a dollar amount to money that is lost due to retail theft. And in memorable cases, major retailers have chosen to maintain stores with much higher rates of crime, while closing others.

Another view:

As of Tuesday, 110 days had passed since the court agreed to hear the Trump immunity case. And still no decision.

This court has lost the benefit of the doubt for myriad reasons, including its willingness to act quickly in cases that benefit Republican interests. In addition to the disqualification case, two and a half years ago, the court scheduled a challenge to the Biden administration's test-or-vaccinate policy two weeks after the justices decided to hear it, and then issued a decision invalidating the policy less than one week later.

In a case in South Carolina decided by the court 6-3 in May, it was not speed but sloth that aided Republicans. The court allowed the state to continue using a 2021 congressional map that a lower court had found was an unconstitutional racial gerrymander. Both parties in the case had asked the court to rule by Jan. 1; when no decision was issued by mid-March, a district court panel ordered the contested map to be used in this fall's election.

In the immunity case, the question before the court is this: "Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

In addressing that question, the court could follow a path well charted in other cases and rule narrowly. The justices need not resolve anything and everything related to presidential immunity. It would be enough to conclude that whatever the precise bounds of presidential immunity, it doesn't extend to orchestrating a monthslong effort to overturn the valid results of a presidential election.

Even if presidents enjoy some immunity for official acts, plotting to remain in office while continuing to question the results of an election they clearly lost isn't one of them.

Leah Litman

The Supreme Court has slow-walked Trump's criminal cases at every turn. In December 2023, the Court denied the Department of Justice's request to hear Trump's claim that he is absolutely immune from criminal prosecution, opting to instead let the question make its way up to the justices through the lower courts. After the D.C. Circuit heard Trump's argument and decided unanimously against him within 28 days, the Supreme Court waited 22 days before it announced it would indeed hear Trump's claim of presidential immunity, scheduling oral arguments for the last day of its term, 57 days later. The ultra-conservative Supreme Court has weaponized time to delay accountability for their friend Donald Trump and influence the November election.

It is increasingly obvious to Americans who are paying attention that the Supreme Court is no longer a neutral arbiter of the law, but a partisan outfit willing to protect its political allies and overturn long-established precedents like Roe v. Wade for ideological reasons.

Trump v. United States presents an obvious conflict of interest for Justices Clarence Thomas and Samuel Alito. Ginni Thomas' efforts to overturn the 2020 election are well known. Rather than recuse himself and despite the Court's new sham of a code of conduct, Justice Thomas ignored calls from legal experts and Democratic lawmakers. After revelations that a Stop the Steal' flag flew at Samuel Alito's residence, Justice Alito joined Justice Thomas in disregarding calls to remove himself from the case, thumbing his nose at Congress and federal laws requiring justices to recuse themselves when their "impartiality might reasonably be questioned." We simply cannot trust the justices to rule without bias and uphold the integrity of our elections when they're so clearly aligned with Donald Trump.

Pretty straightforward. When Trump's access on a state ballot was threatened, the SCOTUS acted within weeks to rule in his favor. Trump makes wild claims antithetical to the Constitution, and the Court is taking months to issue a ruling, halting a prosecution for stealing classified documents many voters wanted to see decided prior to election day.

Things are what they appear to be.

'Total Fiction': CNN Fact-Checker Exposes 30 Obvious Lies In New Trump Speech

Donald Trump's rally in Wisconsin on Tuesday was marked by so many falsehoods that CNN fact-checker Daniel Dale's attempt to list them rapid-fire still took three full minutes.

Dale told Abby Phillip he found 30 obvious lies. Some were his usual false claims and conspiracy theories about the 2020 election, while others had a newer origin, such as a reference to a "cheapfake" edit of footage of President Joe Biden at the G7 meeting that made the rounds of right-wing media.

"He said Biden wandered off at the G7 and didn't know where he was," Dale summarized. Then he delivered a correction: "No, Biden was briefly chatting with a skydiver who had landed near the group."

Dale also delivered quick fact-checks to Trump's claims about everything from Al Capone to Nancy Pelosi to taxes.

"He said Biden's plans would quadruple your taxes," Dale said. "Total fiction."

You don't believe those spineless legislators any more than I do.

I believe them completely because we continue to see what raising Trump's ire means if you're a Republican who has to run for elective office.

Threats of violence against U.S. lawmakers hit a new high in the aftermath of President Donald Trump's 2020 election defeat and his subsequent impeachment over the Jan. 6 attack on the Capitol. The number of threats doubled last year to roughly 9,600, according to the Capitol Police, which has said its investigators are struggling to keep up with the workload.

The recent wave of indictments shows that pro-Trump individuals may be as likely to level death threats against Republicans as Democrats. No similar pattern has emerged on the political left.

Rep. Marjorie Taylor Greene, a Republican from Georgia, posted online the names and phone numbers of 13 GOP lawmakers who supported the bill and called them "traitors" on Twitter (her account has since been suspended.)

Earlier this year, a retired railroad worker pleaded guilty to making a death threat against Rep. Andrew Garbarino, a New York Republican who voted for the infrastructure bill. The defendant, who was ordered to take anger management classes, was upset that the congressman he voted for had "switched sides," his attorney told the court.

Illinois Rep. Adam Kinzinger is one of only two Republicans serving on the House select committee on Jan. 6, which earned him the wrath of Trump loyalists and censure by the Republican National Committee. He also voted to impeach President Trump, and has announced he won't run for reelection.

He told the Monitor his office in Washington has seen "a large uptick" in violent calls and messages over the past year, without giving specifics.

www.csmonitor.com

Even though great numbers of Congressmembers are indeed wealthy, most have easily identifiable family or extended family members who may be targeted by enraged MAGAts. At minimum, Donald Trump is the first (and hopefully only) President to not only stoke the flames of violence in some of his cultish supporters, he openly - and proudly - espouses stochastic terrorism almost daily - lashing out at anyone and everyone who dares to hold him responsible for his own actions, many of them criminal in nature.

To me the fear mentioned above by GOP reps is as real as the car which ended the life of Heather Heyer and led to the assault on, injuries to, and eventual deaths of the police officers defending the Capitol on 1/6/21.

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