In SEC v. Jarkesy it appears SCOTUS struck a blow against the administrative state.
"We consider whether the Seventh Amendment permits the SEC to compel respondents to defend themselves before the agency rather than before a jury in federal court," the Majority writes.
It concludes a defendant is entitled to a trial by jury -- not have to go in front of a court where the administrative state plays judge, jury, and executioner
What Justice Gorsuch describes in his concurrence reflects the inherently tyrannical nature of the administrative state supremecourt.gov/opinions/23pdf…
Justice Gorsuch -- with whom Justice Thomas concurred -- details more administrative state tyranny. We've been de-sensitized to an unelected, unaccountable, awesomely powerful branch of government that's, shall we say, hard to square this with the Constitution supremecourt.gov/opinions/23pdf…
Inadvertently, Justice Gorsuch illustrates the decline of the justice system in America:
"As American colonists learned under British rule, 'the right of trial' means little 'when the actual administration of justice is dependent upon caprice, or favour, [or] the will of rulers.'"
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Greatly enjoyed speaking with, and learning from, @karaafrederick @MikeBenzCyber yesterday @Heritage @OversightPR "Weaponization of U.S. Government Symposium" emceed by @jasoninthehouse and organized by @MHowellTweets youtube.com/live/gSG21eAqc…
I wanted to amplify a few points core to the discussion yesterday in a thread.
First, it's critical to understand CISA's role as nerve center of fed-led speech policing. The switch from targeting foreign malign actors to domestic Wrongthinkers; re-characterization of tweets critical of Official Narratives as national security threats to be neutralized via censorship; and the fact the Censorship Regime emerges from the powerful and secretive national security apparatus are all vital points to understand and internalize weingarten.substack.com/p/full-testimo…
Second, the problem set is daunting. Even if we were to map out every federal government-led censorship office, restructure and defund them all, and impose severe penalties for government officials to deter any such behavior going forward, we still have to deal with the cutouts, not to mention state and local deputizers of social media speech police. But government money is no doubt a key driver of the Censorship Regime, and eliminating it would strike a severe blow to it realclearinvestigations.com/articles/2023/…
🧵My impression walking out of SCOTUS yesterday, having witnessed oral arguments in Murthy v. Missouri was demoralization. The Censorship Industrial Complex proved itself in the case to have cajoled, coerced, and colluded with social media platforms to censor Wrongthinking Americans en masse, and yet that the government's "partners" abridged clear protected political speech wasn't clearly presented and argued. Whether we will retain anything resembling a First Amendment likely hinges on Chief Justice Roberts and Justices Kavanaugh and Barrett. Herein, a thread I will update as I parse the transcript🧵 nypost.com/2024/03/18/opi…
Multiple times the U.S. government lamented how the plaintiffs in the case were using the courts to "audit" their efforts to conspire with social media platforms to censor us on the Hunter Biden laptop story, election integrity and outcomes, and COVID. Unmentioned is that without Murthy v. Missouri we would've never known about this conspiracy to kill our First Amendment. Is the government's issue with the audit or with what the audit revealed about its depredations?
Principal Deputy Solicitor General Brian Fletcher sought to make this case about the government using mere "persuasion" (legal) versus "coercion" (illegal) to pressure social media companies to violate the First Amendment on its behalf as deputized speech police.
While there was a raft of evidence of coercion, Philip Hamburger -- whose @NCLAlegal represents some of the plaintiffs in Murthy -- persuasively makes the case that that isn't the right standard. As the plaintiffs wrote in their brief, citing Hamburger: "The First Amendment does not require a strict showing of explicit coercion, but capaciously protects the freedom of speech from any 'abridging' (i.e., diminishing) of that freedom."
🧵On Foreign Interference in U.S. Elections From Mass Illegal Immigration
With America having suffered an invasion by design under President Biden, @elonmusk and others have grown conscious of how the influx of illegal aliens impacts our political system. What follows is a brief thread on this illegitimate practice and how Democrats have fought tooth & nail dating back to the Trump years to maintain it -- including last night in striking down a @SenatorHagerty-led amendment
The Constitution calls for a census count to apportion representatives -- to determine the number of House seats and therefore presidential electors granted each state -- based on the "whole number of persons in each state excluding Indians not taxed." That count is also used to allocate hundreds of billions of dollars in federal funding annually. Do illegal aliens count? thefederalist.com/2019/02/21/don…
Arguably the number of illegal aliens in a state shouldn't be used to give it greater political representation in Washington, or to get more federal funds redistributed down to it. thefdrlst.wpengine.com/2018/03/01/lef…
🧵The Ultimate Thread on Biden’s Betrayal of Israel
The notion that President Joe Biden is a stalwart supporter of Israel, let alone acting in the best interests of the U.S. in the Middle East, is and has been a complete and total canard.
This Big Lie, propagated by the administration and its mouthpieces, provides cover for what amounts to an anti-American plot to put the screws to Israel, as part and parcel of an effort to make the world’s leading state sponsor of terror, Iran, the regional hegemon.
Since Oct. 7th – a Holocaust-in-a-day perpetrated by Iran’s proxy Hamas – despite initial rhetoric to the contrary and the continued provision of munitions (for now), the Biden admin has shown in word and more importantly deed that it is doing everything it possibly can within political reason to slander, stymie, sabotage, and ultimately imperil the very existence of our chief ally in the Middle East.
Now the Biden admin is going in for the kill shot: A push to force the Jewish state to effectively lose the war to Hamas, free hundreds if not thousands of jihadists, and reward a Palestinian Arab population overwhelmingly supportive of the Oct. 7 massacre and Hamas with a state in a bid to “sue for peace” with Iran -- threatening Israel's very existence in exchange for purported "normalization" with Arab powers.
What follows is an effort to chronicle the Biden admin's treachery towards Israel.
This thread should serve as the death knell of the false narrative that Biden supports the Jewish state – and more fundamentally that he is representing the interests of the American people over those of our adversaries with the blood of our countrymen on their hands.
10/7/23: The very day in which Hamas executes the most deadly and barbaric attack on Israel in its modern history – raping, murdering, burning, mutilating, beheading, and taking hostage innocents totaling 1,200 dead and approximately 240 abducted – including among them ~40 Americans – U.S. Office of Palestinian Affairs urges “all sides” including Israel “to refrain from violence and retaliatory attacks.” It quickly deletes the message, but this reflexive response will prove revealing
Yes, Hunter Biden's legal team really argued that his Dad's Justice Department is selectively prosecuting him because...Republicans are weaponizing the DOJ
Note that to create the appearance that Special Counsel Weiss is an apolitical actor, DOJ points to his appointment by the Obama-Biden admin -- as opposed to how Dem hacks always harp on him being a Trump appointee (despite fact it was Delaware's Dem senators who pushed him)