The Hill is out with my response to the Washington Post attacking me for saying that the Georgia call is not evidence of a crime. While I continue to disagree with Trump's claims in the call, it was widely misrepresented by the Post and other papers... thehill.com/opinion/crimin…
...Critics have stated the obvious. There was a prior recount and no systemic fraud was found. I criticized Trump's claims but that does not make this call a criminal matter. The transcript shows Trump making the case for another recount or investigation...
...Trump was clearly referring to his objective in finding votes and the threshold he needed to meet. That is a predictable argument for a candidate in pushing for a continued investigation. One can disagree with those claims (as I did) without believing that the call is a criminal matter...
...There is also an irony to Phillip Bump's column on why Trump should be prosecuted for spreading lies. Bump has repeatedly spread false stories and then refused to accept the falsity of his own earlier claims, even after others admitted the errors. jonathanturley.org/2023/05/18/wai…
...Despite my disagreement with Trump on these claims and my support for the decisions of the Georgia officials, there is a danger to the criminalization of such claims in election challenges. I fail to see a limiting principle in these arguments.
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We are within minutes of the release of the new opinions. The Supreme Court has reduced the docket to a roux of huge cases touching on the authority of federal agencies (Loper) to the 2024 election (Trump) to the J6 defendants (Fischer) to the right to be homeless (City of Grants Pass)...
...As I mentioned yesterday, we still do not have certainty that all of the decisions will be released today. If they are, Roberts has decided to hold the World Series, the World Cup. and the Super Bowl on the same day...
There is a great deal of discussion about the 25th amendment after the chilling moments in last night's debate with President Biden. As I have previously written, the amendment was written primarily with physical disabilities in mind. It is far more difficult with mental decline.
...The 25th Amendment effectively requires the Vice President and cabinet to defy a president. Last night's debate confirms that the White House has been shielding evidence of the president's decline from the public...jonathanturley.org/2024/02/12/can…
...While there are provisions for congressional action, the 25th Amendment make removal effectively a non-entity if the cabinet is running interference for a president who lacks capacity. Moreover, Democratic members have been attacking Special Counsel Hur for suggesting that Biden has diminished mental capabilities...
President Biden just refused to say that there are any restrictions and it is put to the doctor. He also said that he believes in the three trimester system under Roe. However, that approach has not been the law such Casey in 1992...
...Biden also said that the question of an abortion in the final months is left up to the doctors. It is left to the mother if there are no restrictions...
...Trump also said that all experts always wanted abortion returned to the states. That is not accurate given the many professors who supported Roe...
There are only two boxes today. We are less than five minutes away on the release of new opinions from the Supreme Court...
...Two minutes. Buckle up....
...We have our first opinion. It is Ohio v. EPA on the EPA "good neighbor" policy case. It is a 5-4 decision where Barrett joins Sotomayor, Kagan, and Jackson in dissent. supremecourt.gov/opinions/23pdf…
We are now 30 minutes away from the release of new opinions. We are still awaiting a number of blockbuster decisions, including Fischer (limits on the use of obstruction charges in J6 case); Loper Bright Enterprises (continued viability of the Chevron doctrine); Moody (censorship on the Internet); Moyle (abortion and state rights); Murthy (censorship in social media); Trump (presidential immunity); and Rahimi (gun rights)...
...Ok, buckle up boys and girls ... two-minute warning...
......We have our first opinion for today. It is Texas v. New Mexico and Colorado, a special master case.