There are new reports discussing martial law and the possible appointment of Sidney Powell as a Special Counsel. jonathanturley.org/2020/12/03/fly… This is why the loss of Bill Barr as AG is so significant. He has been the stabilizing force in this Administration. jonathanturley.org/2020/12/17/bil…
I am confident Barr would refuse to appoint Powell as Special Counsel or to sign off on a martial law plan. Even if these reports are false, Barr was viewed as the reliable firewall for both Justice and the cabinet. He has only a few days left at DOJ, leaving a dangerous vacuum.
...The concern is not that there is a plan for martial law, which would quickly collapse in the courts. The concern is that the President is not receiving mature counsel from figures like Barr. That function will now fall entirely on White House Counsel Pat Cipollone.
The reports indicate Trump has floated the idea of appointing Sidney Powell as Special Counsel. usatoday.com/story/news/pol… I would be surprised if the acting Attorney General would be any more receptive to such an appointment as was Barr. It would likely be a dead letter at Justice.
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Aa previously noted, the Congressional Medal of Honor recognizes brave corporals, not corporeal bravery. Just in case there is a need for the distinction, consider Corporal Mitchell Red Cloud Jr. jonathanturley.org/2020/12/16/for…
...Even as hyperbole, Woodhouse’s statement shows the level of spin required to dismiss this story, which is being buried by most of the media. Notably, Swalwell was particularly adamant to in calling for the investigation of an alleged Russian asset meeting with Don Trump Jr..
... Swalwell was also one of those calling for more investigations into an accused Russian asset seducing a NRA official. Indeed, at the time, Brad Woodhouse was not handing out CMHs but charges for a FEC investigation.
Sen. Johnson and Sen. Peters just went into a full contact exchange in the hearing on alleged voting fraud. Johnson accused Peters for falsely accusing him of spreading Russian disinformation that is now being investigation by the Justice Department.
...The fact is that the hearing has been very interesting to hear a full discussion of these allegations from both sides, including excellent contributions from Krebs to rebut the Dominion allegations. The Wisconsin counsel also offered some interesting points on rule changes.
...Krebs just suggested that his staff was asked take down or change his office's public statements on conspiracy theories and disinformation. He said that he was never directly to do so, but suggested that pressure may have been put on his staff.
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...
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.
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 ...
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...
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