Search
Archives

You are currently browsing the archives for the Judiciary category.

Categories

Archive for the ‘Judiciary’ Category

This incoherent scribbling in the Huffington Post highlights what desperate straits the Democrats are in. The chief scribbler says Brett Kavanaugh’s “confirmation is far from inevitable”, noting that, thanks to “Sen. John McCain’s illness, Republicans have a tiny effective majority of 50 to 49 in the Senate. If Democrats all vote against confirmation — which is not impossible — Republicans must unanimously hold the line.”

Clearly, this is a case of extreme wishful thinking. First, Chuck Schumer isn’t whipping this vote. Next, red state Democrats won’t sacrifice their seats just to keep some Indivisible/Resistance crazies happy.

Then there’s this:

Two of the Republicans who voted against ending the Affordable Care Act, Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, are still very much in play, despite early signals that some think may mean they are leaning toward confirmation. Three other Republican senators may also be unreliable votes for confirmation, depending on how the confirmation process plays out: Jeff Flake of Arizona, Dean Heller of Nevada and Cory Gardner of Colorado.

This writer doesn’t offer any evidence that Collins, Murkowski, Flake, Heller or Gardner are considering voting against confirming Kavanaugh. It’s entirely speculation.

Kavanaugh’s record indicates he would likely vote to reverse the narrowly decided Supreme Court ruling finding the Affordable Care Act constitutional. That allows opponents to argue that if a senator votes for confirmation of Kavanaugh, he or she is voting to take away your health care. This is the issue that caused Murkowski and Collins to dramatically break with their party last summer, and you can expect it to take a major role in efforts aimed at swaying their votes again.

There is also very little question that Kavanaugh would vote to gut Roe v. Wade, which gave women the right to choose to terminate a pregnancy. Yet a recent Wall Street Journal/NBC poll found that 71 percent of Americans oppose repealing Roe, including 52 percent of self-identified Republicans. Even in red states like Manchin’s West Virginia, Heitkamp’s North Dakota or Donnelly’s Indiana, voters don’t want a woman’s right to make her own choices about pregnancy taken away.

Is there anything in this scribbling that suggests a connection with reality? I’ll stipulate that it has a connection with the Democrats’ talking points. That isn’t the same as a connection with reality, though.

The truth is that I hope that Democrats vote unanimously against confirming Judge Kavanaugh. It’ll make defeating them this November that much easier. ‘Uncle Orrin’ Hatch has had enough of the Democrats’ stupidity:

Good for him. It’s long past time.

This Politico article contains some of the best news I’ve seen all day. When I read “the party’s base is demanding Schumer and his colleagues wage a knock-down, drag-out fight”, I couldn’t help but smile from ear-to-ear.

Let’s be upfront about this. I don’t expect this to happen. Still, if the Democrats want to imperil their most vulnerable senators, I’ll be happy to see that happen. I’d love to see Republicans pick up 6-7 seats instead of 2-3 seats in the Senate.

Still, if the Democrats’ base insists on a knock-down-drag-out fight, Republicans should smile, then hit these red-state Democrats hard until they’re too toxic to win. In some cases, that shouldn’t be that difficult. It’s important that we remember that this vote isn’t the only thing that senators like Manchin, Donnelly, Tester, Heitkamp and Nelson will be judged on. Tester and Nelson voted against Gorsuch. All of them voted against the Trump/GOP tax cuts. Don’t think that those votes won’t be included in the GOP’s closing arguments in late October and early November.

Still, how long at-risk Democrats can or should hold out is a complicated political equation that could affect their survival in November. As long as they remain undecided, deep-pocketed conservative groups like the Judicial Crisis Network and Americans for Prosperity will continue pounding them with pro-Kavanaugh ads and activism in their states.

A spokeswoman for JCN said it would pull ads when and if Democratic senators come out in support of Kavanaugh and shift to thanking the nominee’s supporters. Meanwhile, GOP opponents, who expect some of these Democrats to ultimately support Kavanaugh, are hitting them for their supposed indecision.

Organizations like the Judicial Crisis Network are already running ads like this against Democrats:

This is another hard-hitting ad from JCN:

Good luck dealing with that pressure.
UPDATE: Rand Paul has announced that he’s supporting Kavanaugh’s confirmation. The pressure just got a lot more intense for Manchin, Donnelly, Heitkamp, Tester, etc.

Written by Rambling Rose

Even on the Left Coast of the USA, justice wins occasionally. On Tuesday, July 24, 2018, Addison Barnes prevailed in his lawsuit against Liberty High School, where his liberty or expression was not tolerated in January because he wore a T-shirt that supported the construction of the wall along the southern border of this country and also included a quote from President Donald J. Trump.

The topic in class that morning was immigration. So much for tolerance when he was forced to cover his shirt, which he did for a short time, and then removed the jacket to exercise his First Amendment Right of freedom of expression. He was then escorted from the school grounds and suspended, even though the year before he had attended a class where a pro-sanctuary city poster hung all year long.

This valiant young man was awarded $25,000.00 and an apology from the school. Actually, the apology is lame—it expresses regret but does not admit culpability for nullifying his rights when he, and probably others, have been offended by the liberal stance of the school.

For the full story, please read this article posted on May 28, 2018.

Editor’s note: This is beyond insulting:

“I had a teacher who had a pro-sanctuary city poster in her room which was up all year,” Barnes told NBC News-affiliate KGW. “Yet as I wear a pro-border wall shirt I get silenced and suspended for wearing that.”

The term double standard isn’t strong enough for this situation. The school should apologize to the community for holding such obvious double standards. I’ve read the First Amendment many times. I’ve never recalled it suggesting that it protects liberal speech but not conservative speech.

It’s ironic that Addison was suspended from Liberty HS.

Are the Democrats’ special interest armies dooming the Democrats this fall? Based on what I’m reading in this article, I’d argue that these organizations are setting Democrats up for a historic failure in the Senate this fall.

What gives it away is where it says “Activists have developed plans to pressure these senators as well as Senate Minority Leader Chuck Schumer (D-NY), who they are holding accountable to keep the entire caucus together in opposition. Indivisible has set up a toll free line to connect constituents directly with senators, as well as a call script to be used when they reach their respective offices. According to a member of the organization, the website briefly crashed due to overwhelming interest when the organization’s co-founder Ezra Levin appeared on Rachel Maddow’s MSNBC show last Thursday. The group also held a town hall on Monday at which Schumer was supposed to field questions from constituents, seen as an opportunity to hold him accountable. His plane had mechanical issues which kept him from the sweltering event at the air conditioning less-Congregation Beth Elohim in Brooklyn, leading him to do a telephone town hall instead.”

If all Democrat senators vote not to confirm President Trump’s nominee, the campaign ads against Tester, Heitkamp, McCaskill, Donnelly, Nelson, Brown, Manchin, Casey, Kaine, Baldwin, Stabenow and Smith will write themselves. With the exception of Tina Smith, all of these senators will have voted to keep Obamacare and against the Trump/GOP tax cuts. Seven of these senators will have voted against both of Trump’s Supreme Court nominees, too. If that sounds like smart strategy for red state Democrats, then you must be part of one of the Democrats’ special interest groups.

Do these clowns look like they’re capable of rousing the Democrat base? I don’t think so. If the Democrats succeed in stopping President Trump’s SCOTUS nominee, 2018 will be the Senate version of 2010.

Saying that U.S. District Judge T.S. Ellis III was fed up with Mueller’s team of lawyers is understatement. Judge Ellis rebuked them, saying “You don’t really care about Mr. Manafort. You really care about what information Mr. Manafort can give you to lead you to Mr. Trump and an impeachment, or whatever.”

That wasn’t the only bombshell coming from Judge Ellis’s courtroom. Later in the hearing, “where Manafort’s team fought to dismiss an 18-count indictment on tax and bank fraud-related charges, took a confrontational turn as it was revealed that at least some of the information in the investigation derived from an earlier Justice Department probe, in the U.S. attorney’s office for the Eastern District of Virginia.”

The special counsel argues that Deputy Attorney General Rod Rosenstein granted them broad authority in his May 2, 2017 letter appointing Mueller to this investigation. But after the revelation that the team is using information from the earlier DOJ probe, Ellis said that information did not “arise” out of the special counsel probe, and therefore may not be within the scope of that investigation. “We don’t want anyone with unfettered power,” he said.

That’s definitely pushing the envelope. Saying that Judge Ellis wasn’t amused is understatement. Things got more interesting when Judge Ellis asked for the unredacted “scope letter”:

The judge also gave the government two weeks to hand over the unredacted “scope memo” or provide an explanation why not after prosecutors were reluctant to do so, claiming it has material that doesn’t pertain to Manafort. “I’ll be the judge of that,” Ellis said.

If Judge Ellis rules that Mueller doesn’t have the authority to prosecute Manafort, that doesn’t mean Manafort is off the hook. It simply cripples Mueller’s investigation, both from a political and legal standpoint. From a political standpoint, Mueller will have been exposed as overstepping his authority. Also politically, it’ll cast doubt on Rod Rosenstein’s letter authorizing the special counsel investigation. If Judge Ellis rules that the Rosenstein letter amounts to a blank check, Judge Ellis has the authority to limit the scope of Mueller’s investigation.

This wasn’t a good day for the prosecutors or Mueller. It doesn’t end things but it gives the Trump administration and legal team the ammunition to attack Mueller’s propriety with regards to this investigation.

If you aren’t outraged after reading Taylor Nachtigal’s article, then you aren’t human. Nachtigal’s article starts by saying “A Rochester man received a 365-day jail sentence, to be served as work release, for sexually assaulting a woman in 2015. A jury convicted Darren Phillip Williams, 50, of third-degree criminal sexual conduct-force or coercion, a felony, on April 10 in Olmsted County District Court. Williams was acquitted of a second charge of first-degree criminal sexual conduct. In addition to the jail sentence, Williams received a 48-month prison sentence, stayed for 15 years, according to court documents. He’ll be required to register as a predatory offender and complete a sex offender program.”

According to Nachtigal’s reporting, this isn’t a he-said/she-said case. According to the article, “Williams allowed authorities to search his apartment, and to take a comforter and towels from the home. He also consented to a DNA swab. In August 2015, results from the Minnesota Bureau of Criminal Apprehension reportedly found Williams’ DNA on swabs from the woman’s genitals and body.”

That’s bad enough but that isn’t why I’m upset. This is why I’m upset:

In addition to the jail sentence, Williams received a 48-month prison sentence, stayed for 15 years, according to court documents. He’ll be required to register as a predatory offender and complete a sex offender program.

Williams’ conviction is now official. They found the convict’s DNA “on the victim’s genitals.” How can the court sentence this criminal to a year in jail, then essentially give him 15 years of probation? Sexual predators like Williams deserve to be locked up for a couple of decades, if not longer.

Yesterday, I wrote that the Minnesota Supreme Court unanimously ruled against Rebecca Otto, Minnesota’s State Auditor. Otto filed a lawsuit that was doomed from the start. That was obvious from the start. That’s why the Supreme Court ruled unanimously against her. Now we’re finding out more about the lawsuit.

In writing the majority opinion for the Court, “Chief Justice Lorie Gildea said that the state Constitution does not lay out the state auditor’s duties. Rather, she wrote, the Constitution specifically leaves it up to the Legislature to define duties of constitutional offices such as the auditor. Thus, the 2015 bill did not violate the Constitution. The ruling also explains that another state office, which no longer exists, originally audited county finances.” Further, “50 counties notified Otto’s office they would not sign contracts with her office for it to conduct audits” after the 2015 law passed.

That had to sting Otto. That’s because in 2016, “the auditor’s office charged $84,000 for an annual audit, while Becker County paid just $31,000 in 2012 for an audit done by Hoffman Dale and Swenson Governmental Audit Services of Thief River Falls.” That’s more than $2,500,000 in lost revenues for Otto per year.

Back in January, 2018, she said “Fighting for this constitutional office is the right thing to do. But as you witnessed today, it’s complex.” Actually, Mrs. Otto, the justices thought it was pretty straightforward. (I’m not a legal scholar but I’m betting that justices rarely rule unanimously on complex lawsuits.)

Rep. Jim Nash, R-Waconia, might have the best understanding of what’s happened:

“It seems to me,” Nash said, “that [Otto] is using the taxpayer dollars to create an issue for her to campaign with for governor.”

If that’s what was happening, her strategy failed. Furthermore, if that was her strategy, she should be politically crucified. If that’s true, then a ton of the taxpayers’ money was wasted for that mission. If this was her Hail Mary attempt at winning the DFL endorsement, then Mrs. Otto made a major miscalculation.

What’s amazing is Otto’s misunderstanding of Minnesota’s Constitution. Mrs. Otto either doesn’t understand Minnesota’s Constitution or she, like other DFL politicians, was willing to throw Minnesota’s Constitution under the proverbial bus for political gain.

My question in the aftermath is this: are there any patriots left in the DFL whose respect for the Constitution is steadfast? I haven’t found any lately.

Todd Purdum’s article has a dishonest title. It’s called “How conservatives learned to hate the FBI.” That’s dishonest and then some.

The honest headline would be “Why conservatives hate corruption.” Democrats, starting with Adam Schiff and Leader Pelosi and other Democrat spinmeisters, have insisted that Republicans hate the FBI and the DOJ. Without question, Republicans hate the things the FBI and DOJ did in obtaining authorization to surveil Carter Page. Without question, Republicans are disgusted with the things that Andrew McCabe did in hiding from the FISA Court the things that should’ve been revealed to the FISA Court.

Since there isn’t an advocate for the ‘defendant’ at a FISA hearing, what’s required is for people representing the government to paint an honest, full and comprehensive picture of their materials that inform them that a person needs further investigation, aka probable cause. Democrats at the FBI painted a dishonest portrait to the FISA Court. Specifically, they didn’t tell the FISA Court judge that they wouldn’t have filed for a surveillance warrant without relying on the salacious details enshrined in the infamous Trump Dossier.

It’s difficult to picture the FISA Court granting a surveillance warrant on the Trump campaign had the Court known that the FBI relied on trash compiled by the Clinton campaign and the DNC. In light of this information, it’s difficult to read the opening paragraph of Purdum’s article:

The aggressive Republican attacks on the FBI are the latest sign, if one were needed, that President Donald Trump has upended the longstanding norms of Washington, as he and his allies in Congress seek to undermine the one institution of government that conservatives have typically seen as a bastion of integrity and law-and-order.

Republicans are rightly upset that the FBI isn’t the impartial organization it once was. Alan Dershowitz exposes the problems in this interview:

Thus far, what has the public seen that suggests that the FBI upper management is honest? They didn’t tell the FISA Court who paid for the compiling of the Trump Dossier. At minimum, that’s disturbing. At maximum, that’s disqualifying.

Finally, I’d challenge Democrats to cite examples of Republicans criticizing rank-and-file FBI agents. Democrats can’t do that because it hasn’t happened. Republicans have criticized the suits running the FBI. Most importantly, they’ve criticized the suits because they’re bitter partisans who didn’t tell FISA judges the whole truth. That can’t happen.

My conservative friends, it’s time to be honest about a few things. It’s time we admitted that the first 6 months of the Trump administration were stressful, sometimes heartbreaking times. When Sen. McCain gave the thumbs-down to eliminating Obamacare, Republicans’ spirits were pretty low. It’s also time we admitted that the past 6 months have improved significantly. The highlight of the first 6 months was confirming Justice Gorsuch to the Supreme Court. The past 6 months, though, have been just as consequential to the judiciary.

Since confirming Justice Gorsuch to the Supreme Court, the Senate has confirmed 12 highly qualified judges to the appellate courts, the most confirmations in the first year of a president’s term in office since our republic was established. To steal a slightly modified version of Joe Biden’s phrase, it’s a big deal to change the direction of the federal judiciary for a generation or more. Hold that thought, though.

Next, picture Senate Majority Leader Chuck Schumer. The thought of a Senate Majority Leader Schumer should frighten conservatives who care about the court more than a Speaker Pelosi. Seriously. Pelosi can’t pass anything that can’t be undone the minute Republicans retake control, most likely in 2020. Sen. Schumer, though, can halt the confirmation of great conservative judges in a heartbeat. Judges like Gorsuch, Willett and others would be flushed down the toilet in a heartbeat because Sen. Schumer would demand ‘consensus’ judges. That’s liberalspeak for liberal judges in the mold of David Souter.

That’s just one thing that should get Republicans fired up. Another thing that should get us fired up is undoing more of the Obama legacy. I don’t have to be the world’s greatest salesperson to convince Republicans that Obamacare and Dodd-Frank were disastrous pieces of legislation. In order to kill those bills outright, we need the House and Senate under GOP control.

Thus far, the MSM has insisted that there’s a blue wave building. I haven’t bought into that, though I agree that there’s an enthusiasm gap favoring Democrats right now. The good news is that Republicans can make that disappear in a heartbeat if they get inspired to turn out and vote for a new wave of GOP senators, congressmen, state legislators and governors. Picture this guy getting sworn in as Minnesota’s next governor:

Whether you support him or not, there’s no disputing that, as a conservative, I’d rather have him as governor as opposed to having her as our next governor:

Making Minnesota great is totally possible. Making America great is possible, too. Now’s the time to realize just how much we’ve accomplished in DC thanks to one-party rule. Now’s the time to realize how much more we could’ve accomplished in St. Paul if we’d had a Republican to go along with Republican majorities in the House and Senate.

Technorati: , , , , , , , , , , , ,

The MSM have constantly criticized President Trump, mostly for his tweets but also for his lack of legislative accomplishments. Yesterday, the House and Senate passed the most sweeping tax policy changes in a generation. (Because of a couple provisions that ran afoul of the Senate’s parliamentarian, the Senate had to make a couple changes to the bill before voting on final passage. Because the 2 bills aren’t perfectly aligned, the House will vote this morning on the bill the Senate passed last night.) Once the identical bill is passed in both the House and Senate, it will be sent to the White House for President Trump’s signature.

This article is the first of its kind in the MSM, which has been all-criticism-all-the-time until now. Let’s get started with the things Axios reports President Trump has gotten right. First, Axios reports that “The tax bill passed with almost unanimous Republican support, before the end of the year, and in keeping with mostly mainstream conservative orthodoxy. Trump won a bigger corporate tax break than either Bush ever got, and will sign the most consequential new tax law in 30 years.”

Without question, this is a signature issue that’s worth trumpeting to the world. The economy is already going strong. It’s about to get stronger. While the Berniecrats advocate for stifling tax rate hikes and slow economic growth, President Trump and the Republicans are pushing policies that have consumer confidence soaring, 401(k)s growing, small business enthusiasm increasing and big corporations returning to the United States. It won’t take long for people to notice that their lives just got better. This is another major accomplishment:

Trump has followed through on eviscerating regulations, many of them imposed by Obama. He has revoked 67, and delayed or derailed more than 1,500 others.

This has helped spur economic growth. It’s the single-biggest reason why the economy is robustly growing thus far. All the time that the MSM highlighted that Trump didn’t have any major legislative accomplishments, President Trump worked with Congress to eliminate tons of counterproductive regulations. That’s the single-biggest reason why economic growth took off when he took over from President Obama.

This is the biggest accomplishment for full-spectrum conservatives:

Trump has tilted the court rightward in lasting ways. Justice Neil Gorsuch was a substantial, conservative addition to the Supreme Court. And it wasn’t a one-off: The dozen new U.S. Circuit Court judges he has named is the most during a president’s first year in office in more than a century.

It’s impossible to overstate this accomplishment. President Trump worked with the Heritage Foundation and the Federalist Society to pull together a ton of highly qualified judicial nominees. In his first year alone, he’s got conservatives thrilled with his nominees. (Noteworthy: For all those criticizing Mitch McConnell, his understanding of Senate procedures and bold decisions have contributed mightily to this accomplishment.)

Before wrapping up this post, I highly recommend you watch the first 2+ minutes of this video:

Isn’t it fun watching Gutfeld stick the shiv into liberals, then giving it a sharp twist?

Technorati: , , , , , , , , ,