Although the decision that Congressional subpoenas for Trump financials serve legitimate legislative purposes can be appealed in the Circuit, expect this one to head to SCOTUS.
And review of decisions regarding subpoenas is typically very deferential to the decision in the district court. SCOTUS recently held a decision regarding an EEOC subpoena could only be reversed if the judge abused her discretion.
So it’s likely SCOTUS could decide there is no reason to take the issue on appeal, unless 4 judges see something novel in Congressional subpoenas to Presidents. (Sorry about the lapse into appellate procedure)
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1/ This morning I wrote about the GOP in Georgia trying to stop people from turning in absentee ballots in person over the weekend. But they lost --the law they used is about drop boxes & early voting, not absentee ballots. Embarassing. joycevance.substack.com/p/smells-like-…
2/Instead of taking the loss after the Judge patiently walked them through their error they turned around & refiled in federal court.
3/ Georgia's GOP Secy of State agreed it was fine to keep offices open so people could hand in their absentee ballots instead of mailing them--Georgia only counts ballots if they're received by the time the polls close. So it makes sense to turn them in. Unless you're the GOP.
1/When Trump asked Judge Chutkan to delay the release of the appendix to the Special Counsel's immunity filing, he claimed it was necessary because Jack Smith is "cherry-picking" the evidence. It sounds like there's something Trump doesn't want made public. But today it will be.
2/Trump called that election interference. Judge Chutkan rejected that argument: "If the court withheld information that the public otherwise had a right to access...that withholding could itself constitute—or appear to be—election interference."
3/In criminal cases, the Judge explained, "There is an 'important presumption' that the public should have access to 'all facets of criminal proceedings' under the 1st Amendment. Trump failed to convince her that presumption shouldn't apply here. He just wanted special treatment.
1/ Yesterday was an important day in election litigation. Let's catch up: First, in Adams v. Fulton County Judge McBurney held: “some things an election superintendent must do...with no discretion to do otherwise. Certification is one of those things.” This is a big deal.
2/ Why? Because one of the fears in the wake of strengthening the Electoral College Act to make another 1–6 less possible is that those efforts will happen at the state & county level where MAGA officials could refuse to certify. If that happens, the solution is going to court.
3/And now there's a Georgia opinion that says, at least in that state, courts should order those officials to perform the purely ministerial duty of certifying the vote. Yes, there will be an appeal, but this is a big victory for people who believe our votes should count.
1/There is more to this election than the most recent poll: Last week the FBI arrested an ISIS linked terrorist as he bought weapons & ammo from someone he didn't know was with law enforcement to carry out a violent election day attack. But this story has barely been covered.
2/The threat from white supremacist groups also has not disappeared. DOJ has taken extraordinary steps to coordinate with state & local law enforcement to minimize the threat. But you may not have heard a lot about the election threat task force, either. justice.gov/voting/electio…
3/Meanwhile, Trump is spewing lies about migrants, claiming they're voting & taking American jobs—demonstrably untrue. & Gen'l Flynn, Trump's advisor (after a pardon kept him out of prison), won't rule out executing people to clear "the swamp." More here: open.substack.com/pub/joycevance…
Memories are short. But I went back thru old tweets to see just how strong the protest against a hush-and-hurry-up confirmation proceeding for now-Justice Kavanaugh was after allegations of sexual assault, which he denied, surfaced.
DOJ has charged (in a complaint not a grand jury indictment, which suggest urgency) an Afghani national in a terrorist plot on election day.Nasir Ahmad Tawhedi is charged with material support of ISIS & conspiring to receive weapons & ammunition. justice.gov/opa/media/1372…
Per DOJ: Tawhedi "conspired & attempted to provide material support to ISIS & obtained firearms & ammunition to conduct a violent attack on U.S. soil in the name of ISIS. As part of the plot, the defendant allegedly took steps to liquidate his family’s assets, resettle members of his family overseas, acquire AK-47 assault rifles & ammunition & commit a terrorist attack in the US"
It's clear the the FBI was on top of the situation early, & ran an undercover operation to see just how far the defendant was willing to go. It turns out, he was willing to go all the way.