Many conservatives now accept with bored acquiescence the near certainty that Trump, if elected, will dismiss both federal indictments against himself. Yet it would be an abuse far greater than the Saturday Night Massacre that once shocked the nation...
1/6
In Oct 1973, Nixon fired AG Elliot Richardson & then Dep AG Wm Ruckelshaus for refusing to fire Special Prosecutor Archibald Cox, who was subpoenaing Nixon’s White House tapes. The firings galvanized bipartisan support for impeachment proceedings ...
/2
... which began 10 days later. Quaint though it may now seem, US District Judge Gerhard Gesell even ruled, later on, that the Cox’s dismissal had been illegal. ...
/3
... Yet the SCOTUS majority in Trump v US contemptuously chided the bipartisan lower courts for trying to let justice be done before Trump has a chance to abuse power to derail it. They even purported to be acting expeditiously ...
/4
... though we are, right now, pointlessly counting 32 more days off the calendar for SCOTUS’s ruling to become final, because the court declined to make it immediate. (The pause permits the losing party to seek rehearing—inconceivable here as the Court well knows.) ...
/4
... Is the president now above the law? Half-heartedly, the majority claims (s)he is not—with asterisks galore. They say the dissents are “fear-mongering” with “extreme hypotheticals”—which they tellingly don’t deign to refute. ...
/5
... Justice Thomas disdains that tack. He quips that the once-revered notion has been largely meaningless all along. Immunity from prosecution for official acts *is* the law, he writes, archly. Silly Nixon, silly us, silly forefathers for imagining otherwise.
/6-end
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The transcript of the MN hearing where an AUSA said “This job sucks” is remarkable for more reasons than that. It’s a searing portrait of a crisis perpetrated by depraved & oblivious high-level officials. Read it all. ... 1/7 documentcloud.org/documents/2687…
Judge Jerry Blackwell’s own comments deserve attention: Unlawful detention “falls on the heads of those who have done nothing wrong to justify it. ... The overwhelming majority of the 100s seen by this Court have been found to be lawfully present ... in the country.” 2/7
“[Y]ou cannot ... detain first & sort out lawful authority later. ... Continued detention is not lawful just because ... an operation has expanded beyond the Government's capacity to execute it lawfully.” ... 3/7
Attys for class of refugees have asked Judge Tunheim in MN to hold govt in civil contempt for alleged failure to comply with his 1/28 order to unconditionally release refugees detained under a new DHS policy that, they say, departs from 45 yrs of practice. 1/4 documentcloud.org/documents/2680…
In Jan. DHS started subjecting 5,600 MN refugees to warrantless mandatory detention 1 year from admission if they hadn't yet become permanent legal residents. On 1/28 Judge Tunheim issued TRO to stop the policy & immediately release those detained. ...
/2 storage.courtlistener.com/recap/gov.usco…
Refugees allege DHS dragged feet & imposed onerous conditions on those released, retaining their IDs & work permits. DHS has moved to dissolve the TRO, alleging “detain-and-inspect” policy is lawful & mandated by statute below, even if never before interpreted that way. /3
The Trump Adm is arresting Don Lemon and overcharging disruptive protesters at Cities Church to posture as if it’s protecting Christians. It’s not. DHS is staging disruptive ops at other churches, at least one of which has had to go online. ... 1/4
ICE vehicles commandeered that multicultural church’s private-property parking lot for staging purposes; staff experienced burning eyes from nearby chemical irritants & pepper balls, per declaration of MN AG investigator.
/2 storage.courtlistener.com/recap/gov.usco…
Other church services—a healthcare clinic and preschool—have had to shut down or go online, per declaration of MN AG investigator, based on interview with the pastor).
/3
In seeking a fed court order to stop fed agents from “destroying or altering evidence” re the Pretti shooting, granted last night by a Trump-appointed judge, MN’s investigatory chief said feds blocked his inquiry for 1st time in his 20+ yrs—even after he got a search warrant to inspect the public space.
1/5
MN’s brief asserts that federal agents left the scene several hrs after the shooting, “allowing the perimeter to collapse & potentially spoiling evidence,” a “sharp departure from normal best practices” that may’ve “directly led to the destruction of evidence.” 2/5
Here’s the declaration of Bureau of Criminal Apprehension (BCA) superintendent Drew Evans.
memo announcing new policy shown only to select DHS officials, shared with some employees who were then told to read it and return it and not to take notes.
memo summarized here in whistleblower letter. allegedly issued on may 12 by acting ICE director Todd Lyons. documentcloud.org/documents/2649…
Accused J6 pipebomber Brian Cole is claiming that he is entitled to release due to govt’s failure to obtain within the allotted time period either a proper grand jury indictment or a judge’s probable cause finding after a “preliminary hearing.” Odd situation. ...
1/10
Under Federal Rules, absent defense consent or “extraordinary circumstances,” you can’t detain someone > 14 days without a finding of probable cause, either by indictment or public preliminary hearing. Prosecutors prefer indictments because they’re secret. ...
/2
Cole has been in custody since 12/4 on a criminal complaint. His initial appearance was 12/5. The mag judge set a detention hearing for 12/15, but didn’t mention a preliminary hearing. Seems like everyone assumed the govt would indict Cole by 12/15—but it didn’t. ...
/3