As expected, the Supreme Court has now unanimously rejected what was described for months as an "unassailable theory." The Court showed a divided nation that we remain bound by shared constitutional values. supremecourt.gov/opinions/23pdf… jonathanturley.org/2024/02/09/the…
...While there were concurrences arguing that the decision was broader than necessary, Barrett correctly noted in her concurrence that "for present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case."
...While this "unassailable theory" was given endless and almost exclusive coverage on some outlets, it failed to garner a single vote on the left or the right of the Court. I respect some of the academics who subscribed to this theory, including some who offered important scholarship in support of it. However, many people heard little of the opposing views on many outlets on the historical, textual, and practical flaws in these arguments...
...It is important to also commend the many Democratic officials, judges, and justices who stood firm in rejecting this theory. Colorado, Maine, and most recently Illinois are the outliers. Even on the Colorado Supreme Court, three of the seven Democratically appointed justices rejected this theory and opposed disqualification. Now three liberal justices have added their voices against this theory that states can unilaterally disqualify candidates in this way.
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The most recent filing in the Willis matter an attorney states that Willis told Bradley: "They are coming after us. You don't need to talk to them about anything about us." If true, that raises serious ethical questions given the fact that Bradley was expected to be a witness...
...GA Code § 16-10-93 (2020) on influencing witnesses includes
"to persuade another person by means of corruption or to attempt to do so; or to engage in misleading conduct toward another person with intent to:
Influence, delay, or prevent the testimony of any person in an official proceeding;
Cause or induce any person to:Withhold testimony or a record, document, or other object from an official proceeding..."
...Notably, in addition to prosecuting defendants for false statements and false filings in court, Willis is prosecuting defendants for conspiracy criminal attempt to influence witnesses. O.C.G.A. §§ 16-41 & 161093(b)(1)(A)...
The order of Judge Anil Singh stays the ban over Trump from taking out loans from New York banks and the ban on serving as an officer of a New York company. That leaves him with an astronomical bond burden but gives him more leeway in financing this critical deposit...
...Notably, the witnesses for banks said that they did not lose any money on the prior deals and wanted more business with Trump. This will give banks that opportunity. Notably, a bond would still cost Trump a considerable amount even if he prevails. jonathanturley.org/2024/02/21/not…
...The problem with the full deposit demand is that there is limited time remaining and the added $90 million for the Carroll case appeal. It is not clear if or how Trump can collateralize his properties for a loan to avoid a distress price sale of properties...
Judge Scott McAfee has reportedly found that Nathan Wade's former partner and counsel will have to retake the stand and resume answering questions. The order suggests that the judge has concluded that Terrence Bradley is not barred by attorney-client privilege on some questions.
...That is a significant development, particularly after the filing of telephone records that opposing counsel argue contradict the testimony of Wade and Willis... jonathanturley.org/2024/02/25/fri…
...At issue is whether both Willis and Wade have lied under oath concerning the intimate relationship. They have claimed that that relationship did not start until after Wade was hired in the case...
The Supreme Court just started the oral arguments on social media censorship in Moody v. NetChoice and NetChoice v. Paxton.
Henry Whitaker is leading off. Thomas is the first with questions and is asking about why this is an applied or facial challenge.
...Justice Sotomayor noted that this is an "odd case for our usual jurisprudence." She said that this lawsuit would cover virtually every site on the Internet and "is covering almost everything."
The judge in Georgia just warned counsel for Terrence Bradley that he considers the medical appointment without notice to be a violation of his subpoena. His counsel insists that he must meet with his doctor to follow up on his status in light of his appointment...
...Judge McAfee made clear that his patience was running out because Bradley was given advance notice of his need to appear. John Floyd, the retired lawyer who has experience on racketeering cases.
...He is the father of Fani Willis. He is also one of the founders of the Black Panthers. ajc.com/politics/who-i…
...It is curious that Willis said that she came to court because "it only makes sense" that she would be the next witness when her counsel was opposing demands for her to be called...
...Willis is attacking the media and calling the opposing lawyers liars...