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The D.A. just announced multiple charges along the lines discussed in this posting. It is doubtful that these charges could be sustained through an appeal. Gardner may be trying to make a strong point but she is certainly not making a strong case.
jonathanturley.org/2020/06/30/yes…
...it is hard to see how laws like the Castle Doctrine law can be functional if this case is prosecutable. I found the couple to be out of line in their conduct but the charges rely heavily on the vagueness of the underlying laws - inviting facial or as applied challenges.
While the governor said that he would issue a pardon, the couple might want the vindication from challenging the charges. I admit that I tend to view cases as a criminal defense attorney but this is a case that is built on a shaky and highly challengeable legal foundation.
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Jonathan Turley
@JonathanTurley
Chuck Todd just played (twice) the misleading quote of White House press secretary Kayleigh McEnany saying "The science should not stand in the way of this." Todd is continuing to use this false narrative on Meet the Press despite the correction at CNN. jonathanturley.org/2020/07/17/a-t…
...Todd is fully aware that the McEnany said the exact opposite of what his edited clip suggests.The quote was McEnany referring to a scientific study and, right after the line quoted, she said “The science is very clear on this” and later added “The science is on our side here.”
...Todd played this clip and then immediately interviewed Dr. Francis Collins on whether the public can trust the "watered down" and manipulated facts offered by the White House.That would be far more compelling as a criticism if you did not just play a knowingly misleading clip.
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Jonathan Turley
@JonathanTurley
Portland Mayor Ted Wheeler just told Jake Tapper that he believes the federal officers are violating the law. He noted the use of unmarked vehicles, which is a common practice and not unlawful. He is certainly right, if there has been a violation of due process, it would be...
unconstitutional. However, the Oregon Attorney General highlights two incidents in the brief, including the arrest of Mark Pettibone who was later released. doj.state.or.us/media-home/new… Pettibone was clearly put "into custody" so the question is whether there was probable cause.
...a broad order of injunctive relief would require more evidence of a pattern. A court however could not order the federal officers from the city or prevent them from arrests of suspects of federal crimes. As I noted earlier, that is the other side of federalism coin.
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Jonathan Turley
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Adam Schiff just declined on ABC to answer whether Pelosi’s unconstitutional proposed limits on pardon authority is clearly unconstitutional. The fact is that Pelosi's proposal would be dead on arrival at the courts. thehill.com/opinion/white-…
Speaker Pelosi on CNN just again promised what would be clearly unconstitutional limits on the pardon authority. This is akin to destroying a village to save it. Pelosi is calling to protect the Constitution by violating it. She also repeated the view of the pardon as . . .
..."staggering corruption." I do not recall the Speaker staggering around and calling for legislation after Bill Clinton pardoned his own brother, a fugitive Democratic donor, or a personal friend convicted in an investigation that implicated both Clintons.
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