Here’s a more representative excerpt of the commission’s treatment of expansion. Still not great, imo.
A blind spot of the report is its elevation of shoring up “the court’s legitimacy” as the main goal of reform, rather than the law’s legitimacy and integrity.
This is some of the most cowardly shit ever to hide behind a watermark.
Here’s endnote 130, citing something McConnell put in his written statement to the commission about Bork—who lost an unfilibustered floor vote 58-42 with Republicans voting against him!! OMFG!—and a link to the doc. whitehouse.gov/wp-content/upl… cc @rauchway
What Bork got:
- A hearing
- A committee vote (which sent his nomination to the floor despite recommending he be rejected, 9-6)
- No filibuster
- A floor vote (which went against him 58-42)
Garland got none of those things. McConnell and other Rs refused to even meet with him.
In short, if Rs had treated Garland like Bork and gotten him voted down on a bipartisan basis like Borm, Dems would have no legitimate beef. They didn’t do that because they couldn’t. They would’ve lost. Senators like Garland; he got confirmed to the DC Circuit w like 76 votes.
They likely would’ve lost a vote to postpone Garland’s nomination indefinitely too, which is why McConnell didn’t hold one.
THAT is the beef with the Garland nomination. The Senate didn’t act on it at all. McConnell and Grassley connived to take the issue out of Senators hands.
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Here’s a big one—A grand jury has indicted Boeing’s chief technical pilot on the 737 MAX launch for defrauding the FAA justice.gov/opa/pr/former-…
They have some receipts.
Notably for the civil plaintiffs’ bar among others, the indictment states that the FAA didn’t learn of the true operating parameters of the MCAS system until 737 MAX planes started crashing overseas. Boeing had never, apparently, corrected the bad info.
As usual, what’s going on here is that the Trump team is both wrong and trying to stuff it’s adversaries into a fully ass-backwards procedure. Congress needs to, but probably won’t, press forward with the right procedure to bring the matter to a head in time to do its work.
In most cases, you have three valid options when you get a subpoena: you comply fully, you work out an agreement with the issuer where you explain why some things have to be withheld and comply partially, or you get a privilege holder to sue to get the subpoena quashed.
Bannon is trying to carve out a 4th way, writing letters saying that Trump objects so he won’t disclose anything. But Trump hasn’t sued to assert his ‘privilege’ (and may never bc he’ll likely lose). What should happen absent a pending suit is Bannon gets prosecuted for contempt.
I pulled the complaint; it's fascinating. The defendants allegedly mailed a cold overture offering submarine secrets to a foreign govt on April Fools Day, writing in the google-translated cover letter "this is not a hoax." documentcloud.org/documents/2108…
There's a long correspondence between the quite-candid defendants and the undercover FBI counterintelligence agent. It starts out very Burn After Reading and then heads toward a philosophy seminar about the impossibility of trusting one another.
fun to see different news orgs come to different conclusions about whether to call the secrets in question classified or not nytimes.com/2021/10/10/us/…
The Senate Judiciary Committee report on Trump’s subversion of DOJ and the treacherous activities of DOJ official Jeffrey Bossert Clark in the aftermath of the 2020 election is out. judiciary.senate.gov/imo/media/doc/…
They dug up a draft resignation letter the Associate Deputy Attorney General prepared on January 3rd.