Category Archives: Law and Justice

Muddled with a bit of unneeded ideology, but making a reasonable point Biden should think about

I read an interesting critique of Biden’s campaign speculating about why, in spite of his impressive achievements in office, he seems to be trailing, or at best tied with, the destructive Trump in a nation many (on all sides) perceive to be broken. The author of the op ed writes as a professional centrist with a seeming bent toward the myth of The Great Communicator, Ronald Reagan. Aside from some nods to the MAGA right (Trump’s economic policies the first three years of his administration were widely seen as a great success), he makes an excellent point.

In a moment when so many are angry and feel betrayed by our institutions, where even an historically strong economy leaves millions feeling screwed, Biden the Institutionalist needs to vow to make fundamental, transformational change to fix broken institutions and commit to using the government to make real fairness a core and long term goal of his next term.

Ronald Reagan was a bigot and something of a dunce, though he was indisputably a very effective front man for the interests of our greatest, if most avaricious, citizens, the 1%, the best of us, born booted and spurred, continuing the ride the rest of us. There was no reason, but an appearance of giving credence to both sides of the political spectrum, for the op ed’s author to mention Reagan in the paragraph about Biden committing to reform, or to cite with approval Reagan’s words about limited government, but the larger point makes sense. Biden should stress his commitment to making the necessary reforms to a system many Americans now see as badly wounded, if not already broken beyond repair (enter dictator, who alone can fix it). Democracy has not broken yet, but there are crucial reforms that will make it stronger against determined enemies, here and broad, that we now know are maniacally intent on permanent minority rule.

A few examples of desperately needed reform: an independent, nonpolitical system for lifetime judicial appointments in which party operatives and ideologically committed judicial fraternity members would be ineligible for office. A rebalancing of the Supreme Court with several additional law abiding new justices. An end to the filibuster and the Electoral College, two crucial instruments for minority control, both remnants of slavery. No more one legislator blocking of all appointments in the manner of ignoramus Senator Tommy Tuberville. An independent commission to rule on electoral maps and have new ones drawn and implemented quickly. An interbranch dispute resolution court to quickly decide all conflicts between the three branches of government. An expedited way to keep vexatious, frivolous, transparently delay-seeking legal motions out of our courts. There are many institutional reforms that need to be done, a commitment to do them would strengthen Biden’s appeal and inspire voters to sign on.

Otherwise the party that has carried out its long term goal of creating hostility against our own government, who has broken all of the institutions that protect the will of the majority in a democracy, gets to benefit from the broken system. By their disabling of government, MAGA/Koch vindicate the demented Reagan’s glib assertion, regurgitating a very old line and making it his own, that the nine most terrifying words in the English language are “I’m from the government and I’m here to help” Here is a paragraph from the op ed I mentioned up top.

Even better would be an effort to develop a reform agenda: Mr. Biden could declare it’s long past time for America to put its house in order, to begin cleaning up the messes of the past two decades, to face our problems and return to our own best national self. He might even think of adapting and repurposing for the center-left a few lines from Ronald Reagan’s first Inaugural Address: “It’s not my intention to do away with government. It is rather to make it work — work with us, not over us; to stand by our side, not ride on our back. Government can and must provide opportunity, not smother it; foster productivity, not stifle it.”

full op ed

J6 hostage profile

Insurrectionist morons like Marjorie Taylor Greene, Matt Gaetz, Andy Biggs, Paul Gosar, Lyin’ Ted Cruz and their ilk, taking their cue from the Big Orange Turd, keep referring to the rioters arrested for their violence on January 6, 2021 as hostages. According to this deranged theory the indicted and convicted rioters are political hostages, unfairly arrested, subjected to bogus political prosecutions, illegally locked up and being badly mistreated for merely engaging in forceful protest that the RNC officially designated “legitimate political discourse”.

Everyone knows what hostages are, they’re people taken prisoner by force, kidnapped and held for ransom, usually by criminals or terrorists, in order to extract concessions from the loved ones of the hostages they are holding. The civilians kidnapped by Hamas on October 7th, being held as pawns in a negotiation, are hostages.

By contrast, and in direct contradiction to compromised Speaker of the House MAGA Mike’s recent lie, no protester walking in the Capitol building on January 6, 2021, no matter how peaceful, was innocent of, at the very least, criminal trespass. The entire MAGA crowd right wing fabulist Tucker Carlson called “respectful, peaceful tourists” entered after a violent armed crowd overran the police lines, sending dozens to the hospital, and broke into the locked building where a joint session of congress was in progress. Leaving aside the disgusting detail of how many of these innocent patriotic citizens defecated and pissed in the halls of the People’s House, while sacking it.

Many of these militant, right wing, white nationalist motherfuckers, like the ones who chanted “Hang Mike Pence (bring him out!) hang Mike Pence (bring him out!)” were guilty of crimes much more serious than trespass, in spite of Ronna Romney McDaniels’ alternative fact styling of their activities as “legitimate political discourse.”

Here is a very short description of one of Trump’s so-called hostages, the innocent patriots that he is fixing to fully pardon in his syphilitic fever dream of a second term when he would be a dictator for one day.

Trump judge MAGAs

Federalist Society member Trump lifetime appointee Aileen “Loose” Cannon ordered Trump’s lawyers and the DOJ to propose jury instructions based on one of Trump’s off-the-wall defenses. Trump insists that the Presidential Records Act, a civil law which was put into effect to thwart people like Nixon from doing illegal things with government documents, is complete protection against the criminal charges against him under the Espionage Act.

It is as incoherent as anything else that Trump says, but it has been embraced by MAGA Judge Cannon. Jury instructions are usually proposed and finalized during the trial. Here, Aileen Cannon hasn’t even set a date for trial, but made the unprecedented request for jury instructions anyway. Check out her beautiful in your fucking face Trumpian reversal of who the fucking idiot is, in ruling on the DOJ’s motion.

”Unprecedented and unjust”

The actual  “complex case of first impression” is how many ways a sitting judge appointed by a criminal defendant now sitting in her courtroom can abuse her discretion to protect her benefactor from accountability before she is removed from the case by the full panel of the appellate court.

Take note again

In October 2020, Trump refused to denounce the far-right Proud Boys organization, instead telling its members to “stand back and stand by.” The Proud Boys turned out for the attack on the U.S. Capitol on January 6, 2021, where they helped to lead those rioters fired up by Trump’s speech at The Ellipse, where he told them: “You’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing…. And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”

Heather

“You’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing …

And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”

Orange turd in the punchbowl

Merrick Garland solemnly intoned that we have one rule of law here, the same laws for the wealthy and the poor, the powerful and the powerless and so on.  The last few years have shown that is clear bullshit. 

A young military guy showing off a secret document on-line to impress his buddies, well after the FBI searched Mar-a-Largo and seized evidence that Trump illegally held on to classified documents, has already been convicted and is serving a sixteen year Espionage Act sentence. 

The young man committed a crime that is a small fraction of what the Orange Polyp committed in taking a trove of top secret documents, lying to government agencies about having them, storing them in public places around his gaudy country club home, insisting he had every right to keep the documents he rightfully took, or that were planted by the FBI, obstructing an investigation into whether he had them, instructing lackeys to destroy surveillance video of moving the boxes of secret documents and all the rest.

One big difference in the two cases, the kid who put the classified document on line surely doesn’t have $230,000 a day to spend on lawyers like the Big Guy does. Another big difference, he didn’t get to choose a judge he’d appointed to lifetime office who’d already demonstrated her fawning loyalty to him.

A NY appeals court did the Orange Turd a big favor Monday by reducing the bond he has to post to appeal his fraud case from close to a half a billion to a more manageable $175,000,000.  On the same day he got the news that starting on April 15 he will be sitting at the defendant’s table in NY criminal court four days a week until a verdict is reached in that trial, a trial that also involves his fraudulent business practices as well as election interference.   The boy is not holding up well.  In a late night rant he wrote “CROOKED JOE BUDEN MISINFORMATES AND DISINFOMATES ALL THE TIME”.   Point taken, Honest Don.

He’s going down, whether you buy his gold-painted high tops or his special Make America Prey Again Bible or any of the other bullshit he’s peddling.  On Fox they’re screaming about NBC firing discarded former Trump lackey Ronna Romney McDaniel who will be paid $600,000 by NBC per her contract, even though she won’t be on the air after massive pressure to get rid of her.  Fox insists people have the right to hear all sides, someone still claiming that the election of 2020 was stolen, and that the fake electors were real, and that the Republican party must pay all of a certain criminal defendant’s legal bills is just as entitled to those credible views as anyone who honestly stormed the Capitol on January 6th, or sincerely believes that Jewish space lasers are regularly employed to control the world.

We are living in disorientingly crazy times, just ask any of the elusive Buden superfans the NY Times was hunting for recently…

Benghazi Impeachment news

Heather Cox Richardson reports:

As Justin Rohrlich of The Daily Beast put it, “Comer…stepped on rake after rake during the hearing, consistently undermining his own conference’s case.” Finally, after Democrats had pointed out the many missteps of the committee’s Republicans, Bobulinski told Jared Moskowitz (D-FL) that “the American people are well aware of the Bidens’ corruption.” “Perfect!” Moskowitz replied. He told Bobulinski to ask Comer why he hadn’t asked for an impeachment vote. Moskowitz even offered to help the Republicans out by making a motion to impeach President Biden, urging Comer to second it. Comer declined.

Moskowitz said he wanted “to show the American people that they’re never going to impeach Joe Biden. It’s never going to happen because they don’t have the evidence. Okay, this is a show. It’s all fake. They just want to do these hearings. It’s not leading to impeachment. They’re lying to their base on Newsmax and Fox leading these people to believe that they’re going to eventually impeach the president. It’s not going to happen. At all. Ever. Period.”  

Heather

Trump calls on Manafort

Convicted money launderer, witness intimidator, tax and bank fraudster and all around good guy Paul Manafort, pardoned by his benefactor Trump six weeks after Honest Don Trump lost the election in 2020, gave sensitive polling data to a Kremlin agent allowing a foreign power to help swing the four states that gave Trump his 78,000 vote Electoral College win in 2016.  This is according to the Senate Select Committee Report (chaired by Marco Rubio, R- FL), which should be released in its unredacted form now that Trump is in talks to bring Manafort into his presidential campaign again.

What could go wrong with desperate, deranged, cash-starved Trumpie hiring this longtime Russian oligarch-connected lover of obscene luxury and enabler of corruption to raise and launder foreign oligarch money for his 2024 legal defense and campaign run? 

It’s not as though Manafort’s former partner and fellow rat fucker, Roger Stone, is in any way involved in MAGA’s 2024 campaign or ever had anything to do with any right-wing riot to achieve a political end with violence or the loud threat of violence, neither the 2000 Brooks Brothers Riot [1]  nor the MAGA/White Christian Patriotic Riot of January 6, 2021 [2] . Stone, Manafort’s long time partner in political crime, also pardoned by Honest Don, made sure to dismiss his Proud Boy body guard contingent and get out of town the night of January 5th.  USA! USA!!

[1]  The Brooks Brothers riot was a demonstration led by Republican staffers at a meeting of election canvassers in Miami-Dade County, Florida, on November 22, 2000, during a recount of votes made during the 2000 United States presidential election, with the goal of shutting down the recount. After demonstrations and acts of violence, local officials shut down the recount early.  Details

[2]  On January 6, 2021, the United States Capitol Building in Washington, D.C., was attacked by a mob[33][34][35] of supporters of then-U.S. president Donald Trump, two months after his defeat in the 2020 presidential election. They sought to keep Trump in power by occupying the Capitol and preventing a joint session of Congress counting the Electoral College votes to formalize the victory of President-elect Joe Biden. The attack was ultimately unsuccessful in preventing the certification of the election results. According to the House select committee investigating the incident, the attack was the culmination of a seven-part plan by Trump to overturn the election.[36][37].        details

Implacable hostility in an atrocious cause

This is John C. Calhoun of South Carolina, one of America’s foremost advocates of slavery. Decades before the Civil War, he argued (anonymously) that South Carolina had the constitutional right to nullify any federal law that affected its rights regarding its profits from slave labor (no tax, no tariff). Andrew Jackson, a great psychotic in his own right, and also a heavy drinker, flew into a murderous rage when Calhoun anonymously published his nullification argument, precipitating the Nullification Crisis (1832-33).

One of the great regrets of Jackson’s presidency, Old Hickory said at the end, is that he didn’t follow up on his threat to go down to South Carolina and hang fucking Calhoun with his own hands. Not that Jackson, who killed several men in duels and carried a bullet around in his chest after a near fatal duel for him, also hadn’t become wealthy trading slaves or had anything against the Peculiar Institution, but on general principle.

Calhoun was also the guy who, while in the Senate, developed and perfected our beloved filibuster, which, of course is mentioned nowhere in the Constitution though it has always been slavery’s, bigotry’s and anti-democracy’s biggest friend in government.

Right piece of shit, John C. Calhoun, as far as I can tell . But quite an “I am an eternally hostile, implacable motherfucker who will fucking destroy you” glare on the politician’s face, isn’t it?

Federalist Society Endgame

The Federalist Society, a rightwing judicial fraternity, was created and is funded by ultra wealthy, right wing privilege holders. It was established to use the law to better protect the privileges of our best citizens, which is to say, inheritors of vast wealth, and those who join their ranks through their own efforts. It is devoted, by strict doctrine, to giving their political benefactors political wins in every possible case. Their judges often do this, especially in cases otherwise lost, by going well past what they need to find in order to make their rulings.

Their style of activist judging always includes a political victory for their agenda, to dismantling the regulatory/administrative state, limiting “majoritarian tyranny” (will of the voters) and ensuring full rights of citizenship only for our best citizens, corporate and human, regardless of the facts, the law, a 98-0 vote in the Senate.

For example, the Supreme Court Federalist Society contingent went much further than necessary to overrule the Colorado courts where Trump was disqualified as an insurrectionist. Without touching the facts of his insurrectionist plan and shameful, criminal behavior they made a ruling that allows every elected federal official who aided Trump in his insurrectionist plan to overturn election results forever immune from disqualification under the constitutional clause designed for that purpose by the framers of the 14th Amendment. The Federalist Society Six effectively wrote one of the most important democracy enforcing clauses out of the 14th amendment. In the name of demented Originalism, or some other Federalist Society endorsed doctrine pulled out of their collective, doctrinaire ass and protected not only Trump but his wide circle of elected insurrectionist henchmen and henchwomen.

In Georgia, Federalist Society member and political appointee Judge McAfee ruled correctly that there was no actual conflict of interest between the DA prosecuting Donald Trump and his criminal co-conspirators, and anybody else involved in the case. He did this after a long delaying circus in which the DA was asked extensively about her sex life and her father was interrogated about it too. The Klan itself could not have staged a more amusing spectacle than the one McAfee allowed.

Then after ruling properly, so as not to be overturned on appeal, he went out of his way to besmirch Fani Willis by writing of her “unprofessional” demeanor on the stand , a “stench of mendacity” and recommending a host of ethical and disciplinary remedies for her uppity attitude. He made these disparaging, jury poisoning remarks in dismissing an unsuccessful attempt to smear the district attorney, who, it turns out, had no conflict of interest of any kind. The Federalist Society spin, smearing a political opponent he could not legally remove from the case, is perfectly permissible among these endgame motherfuckers. McAfee gave his team the smear the frivolous motion was intended to create, after providing team Trump with a healthy and distracting delay.

Take Federalist Society member and former DOJ official MAGA Robert Hur. The finding of his report was that Joe Biden did not have the requisite intent to commit the crimes that Donald Trump has clearly demonstrated, as proved by his many attempts to cover up the crime and his repeated obstruction of justice. Hur distinguished the behavior of the two presidents to make the contrast and show that Biden lacked Trump’s clear criminal intent. That was the take away, Biden has not committed the crimes Trump stands accused of and that was all Hur was appointed to decided.

But a report stating that Biden was innocent of the crime Trump is a criminal defendant for was in no way helpful to the MAGA, or as I think of it, the American Nazi, cause. Hur therefore made the focus of his report, and the Breaking News headline takeaway, Biden’s cognitive feebleness. Based on lies? Going well beyond the scope of your appointment? Call me pisher!

The Trump-appointed federal judge in Florida (who assumed office after Trump lost reelection, talk about letting the voters decide), Aileen “Loose” Cannon, who, giving her the benefit of the doubt, is probably too stupid and inexperienced to handle a high profile, politically charged espionage case against her benefactor regarding his illegal retention of top-secret government documents, at least has experienced, brilliant Federalist Society counsel available to her.

This allows her to endlessly delay a trial that Trump will 100% lose with little risk to herself or her already damaged professional reputation. By not making any final orders about anything, Cannon has been able to spin this straightforward case out with no end in sight. And arguably because she has made no final orders of any kind, she has not given DOJ grounds for an appeal. Things she has done, no matter how stupid (inviting amicus briefs from the likes of Stephen “Death to immigrants” Miller and Citizens United), how biased toward one party (and against the federal government) or how clearly designed to give a criminal defendant the delay he always demands, are protected under her discretion as the trial judge.

If you had any cause to wonder whether allowing the widespread appointment of members of a doctrinaire right wing extremist judicial fraternity could cause any problems for democracy, the rule of law or the fair administration of justice, look no further than the loyal judicial fraternity members referenced above.