The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: "The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified."...courts.state.co.us/userfiles/file…
...This ends a string of losses for advocates of this dangerous novel theory. They finally found a court that would embrace what the court admits is a case of "first impression." My first impression remains that same. The court is dead wrong in my view...jonathanturley.org/2023/08/21/the…
...It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots
...The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike.
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Fani Willis was just disqualified by the Georgia Court of Appeals. Trump appears to be running the table in these lawfare cases. It will now be up to another prosecutor as to whether to continue the case...
...The Georgia case did have some viable criminal charges against other defendants for offenses like unlawful access to restricted areas. However, in attempting to bag Trump, she created an absurdly attenuated RICO theory that should not be embraced by the new prosecutor.
...While this disqualification is due to the conduct of Willis and not the underlying claims, any new prosecutor will have to make an independent judgment on whether and what to prosecute...
As predicted, Judge Merchan has rejected the challenge to the Bragg charges under the recent immunity decision of the Supreme Court. He tossed the challenge entirely but also found that any possible violations would be harmless error. Here is the opinion: nycourts.gov/LegacyPDFs/pre…
...Merchan created layers of findings to ironplate the case for appeal. He ruled that (1) this was entirely unofficial conduct, (2) if it was official conduct, and (3) if it was official and within the protections of the Constitution, it was harmless error ...
...He still has to rule on the general challenge over errors committed at trial. Some of us view the case as replete with layers of reversible error. However, Merchan was never viewed as likely to second guess his prior rulings...jonathanturley.org/2024/06/03/buz…
The new IG report on January 6th may raise more questions than answers. It confirms that confidential sources did indeed enter the Capitol and restricted areas. The question is whether the presence of these sources were revealed to the defense in the hundreds of prosecutions...
...Moreover, there is a question of why the three sources who entered the Capitol were not charged as part of an operation that the Justice Department described as an effort to "shock and awe" targeting everyone involved on that day...
...The IG found that most of these individuals were there without any instructions or requests from the government. However, as paid sources for the FBI, the question is what they did on that day...
So now the judge has dismissed the first count on second-degree manslaughter and is allowing the jury to consider the second count after the weekend. This is precisely what Bragg was hoping for in setting up a possible compromise verdict...
...With the Allen charge, the prosecutors hoped to pressure the jury into voting on the low standard of criminal negligence. Outside of New York or a few other cities, this case would likely either have not been brought or would have collapsed quickly before the jury...
...I am still hopeful that there will be holdouts on the lesser offense. That would leave this as a hung jury, though the treatment of Penny will leave chilling message for New York thinking of protecting others in New York...
The jury just sent a note to the court that it is deadlocked on the first count, the second-degree manslaughter charge. The court will likely now issue an Allen charge to get them to resume deliberations...
...The question is whether the court will instruct the jury to consider the second charge of the criminal negligence charge. The judge expressed doubt over whether, in the absence of a unanimous verdict on the first charge, he could tell them to move on to the second charge...
...Many of us cannot see how this case could have produced a conviction with the layers of reasonable doubt in the evidence. The absence of clear causation makes a conviction difficult to justify in such a case. Indeed, it makes it difficult to see why the case was brought.
The Sisyphean effort to spin the President's unethical act into moral triumph continues in Washington. Rep. James Clyburn defended the Biden pardon, insisting that Hunter wouldn’t have been convicted but for the fact that Joe Biden was "the object of a lot of unfair untruths."...
...It is not clear what those "unfair untruths" were given the fact that the President repeatedly lied to the public about his never meeting his son's clients, knowing of the business deals, or any intention to pardon him. Those just seem garden-variety Biden untruths...
...It also ignores that Hunter was convicted in arguably the most favorable district for a Biden in Delaware by a jury that heard all of the evidence, including a rigorous defense from his own team.