This: the concern of Durham allies who believe he’s under pressure to produce “something” before the election “is that the Russia investigation group will be disbanded and its work lost if Trump loses” makes no sense because there are 2 more months (con’t) courant.com/news/connectic…
after the election to bring the case & no experienced prosecutor like Durham wants to bring a case before it’s ready, as though somehow all that matters is just getting it indicted & not the outcome at trial months down the road. Also, cases don’t disappear just because (con’t)
administrations change. The career prosecutors who work on cases see to that. One of the 1st cases tried in my office after I took over was a public corruption prosecution of Dem officials. Righteous cases don’t just disappear. There’s no legitimate reason for Durham to be rushed
So If there’s an attempt to offer this as a justification for having Durham release a report or make indictments within the 60 day window of the election, there will be no doubt it’s just a planned political stunt.
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1/Trump's nominations of Gabbard & Gaetz are designed to provoke outrage. But they’re also a test for the Senate. A test of whether the Senate will be loyal to the Constitution or whether it will bend the knee to Donald Trump. joycevance.substack.com/p/will-the-sen…
2/Alabama Senator “Coach” Tuberville said Trump was elected by an “enormous vote” (he wasn’t) & “deserves” the team” he wants. But that’s not how it works. Tuberville, doesn’t understand how the Constitution works. Presidents must have the advice & consent of the Senate.
3/Under the Constitution, presidents must have “the Advice & Consent of the Senate,” for appointment of cabinet secretaries & other senior executive branch officials. Article II, Section 2, Clause 2 of the Constitution provides that:
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.