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Jan 19 • 5 tweets • 2 min read
President Biden just referred to Republicans undermining the "legitimacy" of the elections and Republicans who want to "change the outcome of the election." That is precisely the "Big Lie" narrative previously denounced by Democrats. thehill.com/opinion/campai…
The President just referred to these state laws as unconstitutional despite early court decisions upholding the laws.
...If these laws are unconstitutional, they can be challenged now and struck down. Thus far that has not happened. Moreover, if they are meant to suppress minority voters, they can be enjoined under federal law.
...President Biden is saying that they are ramping up "enforcers" at the Justice Department. However, if these laws are unconstitutional on their face, the challenges would occur now. If he is arguing that they may be unconstitutional "as applied" that is not was has been argued.
...Voter identification laws have been overwhelmingly upheld including a recent decision in North Carolina. washingtonpost.com/local/legal-is… In Brnovich, the court voted 6-3 decision upheld Arizona’s new voting rules in Arizona over claims of racial discrimination.

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More from @JonathanTurley

Jonathan Turley Profile picture
Jan 19
President Biden just repeated that the next election in 2022 could "easily be made illegitimate." He added that the increase the prospect of being illegitimate is in direct proportion to us not being able to get these reforms passed." thehill.com/opinion/campai…
He just snapped at a reporter over his Atlanta speech who brought up the Bull Connor line. He said look at the speech and denied he never said that they were actually Bull Connor. Since Connor died in 1973 that is clearly true.
...This is what he said: “At consequential moments in history, they present a choice: Do you want to be the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”
Read 4 tweets
Jonathan Turley Profile picture
Jan 19
The NPR story struck many as diametrically at odds with everything we have heard about Gorsuch on the Court. It was another “fact clearly too good to check” as various news outlets reporting that Gorsuch was threatening the life of a liberal colleague. jonathanturley.org/2022/01/19/it-…
...The segment was an unvarnished hit piece, portraying Gorsuch (who has previously received glowing reviews from appellate colleagues on both ends of the political spectrum) of being “a prickly justice, not exactly beloved even by his conservative soulmates on the court.”
...The story is another manifestation of our age of rage. It is not enough that you disagree with Gorsuch. You have to portray him as a sadistic, borderline homicidal fanatic. In the end, the media just moves on with the next collective primal scream session masked as journalism.
Read 6 tweets
Jonathan Turley Profile picture
Jan 18
The argument in Shurtleff v. City of Boston is lively over the refusal of Boston to allow a religious flag to be flown outside of city hall. The issue is whether such control over flags is "government speech."
...Justices are probing whether Al Qaeda or the KKK can claim the right to fly flags if this is an open forum.
Boston is up. It admits that it could not bar the flag if this is an open forum but insists that this is government speech (where it can chose favorites). "Governments speak from government-owned flagpoles."
Read 6 tweets
Jonathan Turley Profile picture
Jan 17
Scarborough spurned the word "spurn"? thehill.com/homenews/media… Joe said "Using that as a word. I don't use the word." What's wrong with spurning?
..."What say you? Hence, Horrible villain! or I'll spurn thine eyes." literaturepage.com/read/shakespea…
...Some of the best people spurn. Horace Mann warned "Spurn not at seeming error, but dig below its surface for the truth; And beware of seeming truths that grow on the roots of error."
Read 4 tweets
Jonathan Turley Profile picture
Jan 14
The Washington Post asks "now what?" now that there are 11 people charged with seditious conspiracy. washingtonpost.com/politics/2022/… The answer is that they now have to prove the charges. However, the FBI has charged over 700 people and investigated thousands...
...but relied largely on such charges as trespass and unlawful entry. Many of us previously discussed how some came to the Capitol with violent intentions. However, the FBI said previously that it did not find an overarching conspiracy and that most of these were "one offs"...
...We have previously discussed radical elements that fueled the violence. This indictment does not describe a large conspiracy on that day. It does not alter the view that this was a protest that turned into a riot.
Read 7 tweets
Jonathan Turley Profile picture
Jan 14
One of those charged with sedition conspiracy is now being interviewed in depth by Tucker Carlson on the charges. It is incredibly rare for a criminal defendant to take such a risk in an interview...
...Few defense lawyers would sign off on such an interview due to the risk. Any contradictions could be cited by the prosecutors. Thomas Caldwell is denying every factual assertion, including his conspiracy to smuggle arms by boat...
...Once before a court, there may be a gag order issued by the court. Thus, Caldwell could be clearing the record before he is barred from public comments. It could also be viewed as useful in raising needed support for legal fees and costs.
Read 4 tweets

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