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Jonathan Turley Profile picture
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12 Dec, 4 tweets, 1 min read
Giuliani just said "we are going to take the advice of the Supreme Court" and bring the cases in the individual cases. He actually looks good after his bout with Covit-19. Not sure about the condition of the challenges however.
...Giuliani says that they still have time to bring such challenges despite the voting on Monday. The only way that the campaign would have time is with a "Death Star" strategy. jonathanturley.org/2020/11/23/the…
Giuliani says that there is no way that the justices read their papers. That is obviously untrue. Many of us said that the Texas lawsuit was highly unlikely to satisfy standing as a threshold matter. The filing was carrying more baggage than Amtrak.
Giuliani is also claiming on Fox and Friends to have been vindicated on Hunter Biden. He is certainly right about the media engaging in an effective media blackout, which is the subject of my column this morning in the Hill.

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More from @JonathanTurley

Jonathan Turley Profile picture
13 Dec
CNN's Jake Tapper just interviewed Stacey Abrams about her views on how Republicans are trying to bar voters and violate election laws. Despite Abrams expressing pride in her past work, Tapper never asked Abrams about investigations into her group for voter fraud or violations.
...Tapper quoted Georgia Secretary of State Brad Raffensperger but omitted his repeated accusations against her group, New Georgia Project. Those allegations are unproven but they should not be unreported or unaddressed as Abrams discusses voting integrity.wsj.com/articles/georg…
...A friend pointed out that Abrams is no longer part of the group. However, I still believe (particularly when discussing Raffensperger's comments) Abrams should have been asked about countervailing claims made against the group and her association with it...
Read 4 tweets
Jonathan Turley Profile picture
8 Dec
It only took a presidential pardon but Judge Sullivan has finally dismissed the Flynn case. in.reuters.com/article/usa-tr… However, he decided to effectively and gratuitously declare Flynn guilty in a roughly 40 page opinion ...

jonathanturley.org/2020/11/25/the…
The court's opinion seemed intent on clearing its own reputation by trashing what reputation remains for Michael Flynn. Such a decision would ordinarily outrage civil libertarians but principles of judicial restraint seem suspended when dealing with anyone associated with Trump.
...When prosecutors drop charges, most judges are careful not to offer their own views on the guilt or innocence of an individual. After all a defendant has no appeal or recourse from such an declaration from the bench...
Read 4 tweets
Jonathan Turley Profile picture
3 Dec
The Trump team started out in the Nevada hearing today with a loss. The court barred a witness declaration as submitted too late under the discovery order. It is now proceeding with the evidence submitted before the Nov. 25th deadline.
Jesse Binnall is arguing for the Trump campaign. The threshold issue is the burden of proof. The state is pushing for the higher "clear and convincing" standard as opposed to the standard civil "preponderance of the evidence."
What is fascinating is that this very basic question is not answered in the statute or case law in Nevada. Kevin Hamilton representing the Democrats is arguing for the higher standard in the hearing. I am rather surprised by the lack of controlling authority on this key standard
Read 13 tweets
Jonathan Turley Profile picture
30 Nov
NY Solicitor General Underwood is struggling in oral argument in the census case after conceding that there would be no problem with government submitting two sets of figures "in separate envelopes." Some justices are slamming what they view as a "meaningless" distinction.
...Justice Sotomayor came to the rescue by saying that the Court could decide whether the Secretary should be barred from submitting "illegal information" to the President, including figures excluding "illegal aliens."
The justices are discussing a possible off-ramp based on the view that this is premature since no action has occurred. This raises a serious standing issue. It is ironic that the liberal justices voted that the New York challenge over Cuomo's pandemic order was premature.
Read 4 tweets
Jonathan Turley Profile picture
29 Nov
Pres. Trump just suggested that he may still be considering the type of "Death Star" strategy discussed earlier over contested electoral votes. jonathanturley.org/2020/11/23/the…
...Trump is arguing that there was rampant fraud and that, without these six targeted states, he has more electoral votes. Trump just added that the DOJ is "missing in action" and asked "Where is Durham? jonathanturley.org/2020/11/15/dur…
...Trump just said that he will consider the appointment of a "special counsel" to look into what occurred in the 2016 election. He would need the cooperation of AG Barr on that appointment. The DOJ has had the investigation into the 2016 issues through the IG but also Durham.
Read 5 tweets
Jonathan Turley Profile picture
22 Nov
This is truly painful to watch. The Trump campaign just declared that Sidney Powell (who was featured by the Trump campaign a few days ago) is not representing the campaign. reuters.com/article/us-usa…
Here is the statement about the person just featured in the campaign presser: "Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity.”
If B.F. Skinner was right that "chaos breeds geniuses," the Trump legal team will soon be given Mensa status.
Read 6 tweets

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