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Tag Archives: Donald Trump
Trump and the Supreme Court (UPDATED)
Even though Joe Biden will become President on January 20, Donald Trump is still the president. Thus, until January 20, the policies of President Trump are still the policies of the U.S. Government, and Bill Barr and Noel Francisco still get to decide what position the U.S. will take in pending litigation
This week, the U.S. Supreme Court returns for its first set of oral arguments since Joe Biden became the presumptive President-elect. And the session begins with a very big case — Trump vs. New York. The issue in the case is whether unauthorized immigrants count as part of U.S. population in the census for the purpose of allocating congressional seats and government funding.
The big development on this case is that the Census Bureau will apparently be unable to meet the statutory deadline of late December for reporting the total count due to certain issues that have arisen in finalizing the count. The U.S. Supreme Court had shortened the time limits on this case to make sure that they could hear arguments on it and issue a decision in a timely fashion. But if the numbers will not be available until after January 20, and President Biden opts to use the full count, this case could disappear as moot. I would prefer that the Supreme Court issue a decision upholding the plain language of the Constitution requiring a count of all persons residing in the U.S., but, as long as the Republicans attempt to manipulate the numbers fails, I can live with a non-decision.
Posted in Judicial
Also tagged Census, Joe Biden, Mueller Grand Jury, Supreme Court
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Trump Law Update
You know that something is wrong when you have to watch the appellate courts to know what is happening in the White House. And this week has already seen several interesting rulings.
The biggest — because it is from the full U.S. Circuit Court for the D.C. Circuit — concerns the Michael Flynn case. As you may recall, Michael Flynn (National Security Advisor for a day) pleaded guilty to charges of lying to federal agents as part of the Mueller investigation. After Mueller wrapped things up and turned things over to the career prosecutors, William Barr became Attorney General of Trump and decided to start undoing what he could of the Mueller investigation and prosecutions. Rather than proceeding with sentencing of the admitted criminal, A.G. Barr is willing to allow Flynn to withdraw his plea on a flimsy theory and then dismiss the charges. Because this seems fishy and motivated by something other than normal prosecution operations, the judge who took Flynn’s plea decided to appoint an attorney as amicus curiae (literally friend of the court) to brief why the plea should stand and the request to dismiss the case should be denied. (This procedure is not unusual at tbe appellate level. Typically, once or twice a year, the Supreme Court will appoint an attorney to defend a lower court decision when both sides contend that the decision below was erroneous. Rarely does the appellate court side with the amicus, but it does make sure that the best arguments in favor of the lower courts decision are heard.)
Mr. Flynn and his friends in the administration did not like this road bump in their attempt to wipe away any incentive for Mr. Flynn to decide to start telling the truth about his ties to Russia; so Mr. Flynn filed what is called a petition for writ of mandamus (essentially an order directing a lower court or government agency to do a specific act which contrasts with an injunction which orders a party not to do something). Mr. Flynn got very lucky with the initial panel assignment somehow ending up with the two Trump appointees to the D.C. Circuit on his three-judge panel. And the initial panel voted 2-1 to grant the petition and order the trial judge to grant the motion to dismiss. The rest of the judges on the D.C. Circuit on their own motion decided to take the case from the panel and conduct a rehearing “en banc” (that is in front of all of the regular judges of the court). On Monday, the full D.C. Circuit issued its ruling — an 8-2 decision denying the petition.
Posted in Judicial
Also tagged congressional subpoenas, Michael Flynn, tax returns
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Census Sabotage
Most of the Constitution consists of “cans” and “can’ts.” There are only a few “musts” — things that the government has to do. One of the big musts is that, at least once every ten years” the government must conduct the census — or, as the Constitution phrases it in Article I and the Fourteenth Amendment, an enumeration of the whole number of persons in the United States. The sole exception to being counted is “Indians not taxed.”
Now despite this plain language, Republicans do not like that persons includes those who are not citizens, particularly those who have not lawfully entered this country. While the total number of unlawful immigrants is small, they tend to be concentrated in urban areas that elect Democrats. (Of course, this tendency is offset by the large margins by which Democrats win urban areas.) While there may be some electoral college disadvantages to not counting unlawful immigrants, Republicans have tended to conclude that the advantage in terms of the U.S. House and state legislatures outweighs any electoral college disadvantages. Despite this clear command, the lawbreaker-in-chief has issued a memorandum asking the Census Bureau to exclude unlawful immigrants from the count used to apportion the House of Representatives.
Aside from the lack of legal authority for this directive, it is also unconstitutional. Most of the arguments that I have seen out there supporting this position are simply misplaced. Yes, other countries use different mechanisms for apportioning their legislation (for example, many use registered voters), but that is a policy argument supporting a constitutional amendment. Policy arguments over what the Constitution should say (whether about redistricting or the electoral college) does not alter what the Constitution actually says.
Posted in Uncategorized
Also tagged 2020 Census, Immigration, redistricting
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Impeachment Legalese for Non-Lawyers
Over the next several days, the Senate will (potentially) be voting on whether to subpoena individuals to testify in the impeachment trial of President Donald J. Trump. With the caution that an impeachment trial is not quite like a regular trial that you would see if you headed to your local courthouse, the following are some terms that you may hear from Senators and talking heads during this discussion.
Subpoena — Stripped of its fancy title, a subpoena is an order to a person to appear in court to testify or to turn over documents to the parties. In most courts, subpoenas issue upon request by a party almost automatically. If there is a reason why that subpoena is improper, the witness can ask to “quash” (effectively cancel) the subpoena or one of the other parties can ask to exclude the witness. For an impeachment trial, because the Senate is both judge and jury, the Senate needs to approve the subpoena.
Deposition — A deposition is out-of-court testimony. The attorneys for the witness get to ask questions just like it was in court and a court reporter takes down the questions and answers. The court reporter then prepares a transcript (a printed booklet containing all of the questions and answers, word for word). Often depositions are used either to discover what a witness might say or because the witness is not available for trial. (Typically, depositions are used for medical witnesses who can make time available after work for a deposition but would be unable to wait in court for their turn to testify without putting patients at risk.) A deposition also allows parties to decide what part of a witness’s testimony they actually want to use.
Posted in Uncategorized
Also tagged Hearsay, Impeachment Trial, John Bolton, Mick Mulvaney, Relevance, Subpoena
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Health & Age in the 2020 Election
For a long time, there has been an expectation that Presidential candidates will release their health information. Being president is a highly stressful job, and a president who is not fully competent has the tools to do a lot of damage to the country and the world. As such, there is an expectation among voters that candidates will release health information. Of course, as with every other expectation, President Trump made a farce of this expectation by releasing medical summaries that were not particularly credible to any neutral observer, but there was so much that was wrong with the Trump campaign in 2016 and the mainstream media tries to avoid the appearance of taking a side that the lack of a real report on Trump’s physical and mental health was only a semi-big deal even on MSNBC.
This week, we had a bit of a health scare with Senator Bernie Sanders. From every report, Senator Sanders is recovering from his surgery and should be able to resume his campaign. However, this medical emergency does bring back into sharp focus an underlying issue in the nomination process. President Trump and the top three candidates for the Democratic nomination (according to the polls) are all in their seventies. And that means that issues of age and health will be in the background of this campaign. Unfortunately, a healthy discussion of health is not likely. But there are several things that should be on the table.
First, heart disease is a serious problem in this country impacting people of all ages. A heart attack or a stroke can occur at any age. I have known people who have died from a heart attack in their forties and fifties, and I have known people who have survived a heart attack in their seventies and eighties and have returned to a mostly fully functional life. While people have become more health conscious in the past several decades, there are a lot of dietary and other factors that contribute to heart disease being one of the top causes of death in the U.S.
Posted in Presidential Candidates
Also tagged Bernie Sanders, Elizabeth Warren, Health, Joe Biden, Mental Competence
2 Comments
blowing up the 4th
In general, I LOVE the 4th of July. It celebrates the adoption by the Continental Congress of one of Thomas Jefferson’s greatest pieces: The Declaration of Independence.
The Declaration was the first formal statement, by a people, asserting their right to choose their own government. Read that again. The Declaration was the first formal statement, by a people, asserting their right to choose their own government.
We were, with the Declaration, and again with the US Constitution, a nation of firsts. I like to go to the National Constitution Center. One of my pick fave things to do is to go up to the second floor, to the front of the building, out onto the balcony, and look south across Independence Mall, to Independence Hall, where the Constitution was written. I think of the men who negotiated and finally agreed to this marvel that made us a country of laws. They were guilty of treason against the Crown, as America was still part of Great Britain. They, and all the men, women and children who stood up, offered their lives so that going forward, we could breathe free.
The Walk and Chew Gum Agenda
Earlier this week, the petulant child-in-chief stated that Democrats on Capitol Hill can either choose to work on legislative issues or investigate him. As we have gotten used to over the past several years, President Trump simply does not understand the rules for how government works. This latest temper tantrum, however, is a challenge to Democrats on Capitol Hill. It’s important that our leaders show that we can do both and do both in a big way.
Because President Trump can veto any legislation and because Senator Mitch McConnell is best at blocking legislation and lousy at getting anything done, it is unlikely that Democrats can actually get any significant laws passed until after the 2020 election. But Democrats can make a big deal of the House passing a set of laws that will be the core of the legislative agenda in 2021.
On infrastructure, the appropriate committee needs to draft a bill that will make a major down payment on the backlog of crucial infrastructure projects. And then, the Rules committee can set aside a healthy block of time to debate that bill on the floor of the House. During that debate, Democrats from every swing state and swing district can speak about what that bill will mean for their area — the type of speeches which can be blasted on you tube with highlights on the local news. Then Democratic Senators can regularly ask when Mitch McConnell will let that bill come up for a vote in the Senate.
Posted in Donald Trump, House of Representatives
Also tagged Immigration, Infrastructure, Mitch McConnell
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Foreign Elections — Spring/Summer 2019
The next two months will see several elections in our allies/major democracies.
This weekend is the election in Spain for both houses of their parliament. In Spain, the lower house is elected by proportional representation on a provincial basis. While there is a nominal 3% threshold in each province, the (fifty) provinces range from one seat (in which whomever finishes first gets the seat) to thirty-six seats (in which case the threshold makes a real difference as it would take slightly over 2.7% to win a seat). In the Senate, most of the provinces get four seats. While voters directly elect most of the members of the Senate, the catch is that voters have one vote less than the number of seats (i.e. three votes in a province with four seats) which translates into the largest party getting three seats and the second-place party getting one seat. The regional parliaments also get to appoint the remaining fifty-eight members of the Senate. For this election, there are five national parties (ranging from two Democratic Socialist parties to a Trumpian nationalist party) and several regional parties.
There are three things to look at in the results from Spain. First, is there a natural majority for either of the two main blocs (the two Democratic Socialist parties vs. the two center-right party)? Second, how does the Trumpian (Vox) party perform? Third, how do the regional parties (which want increased local autonomy/independence) perform? From the traditional American foreign policy, we would prefer a result that creates a strong functional government capable of being a partner with us. Russia (and our current administration) would prefer a divided election result with strong performances by Vox and the regional parties pulling Spain further away from NATO and the European Union and potentially splitting Spain (one of the larger European countries) into several separate countries focused on their grievances with each other rather than building a strong Europe.
Posted in Elections
Also tagged Australia, Brexit, European Union, India, Russia, Spain, Vladimir Putin
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Closing Out 2018
It has been a year. Never before in the history of our country has a president ended out the year with 17 separate ongoing criminal investigations against him (and his family) in multiple state and Federal jurisdictions. And yet, the two groups of voters that supported him have not yet wavered in their support of him and his criminal enterprise. After a year of studying everything I have been able to find on these groups, I finally understand who they are.
First, incredibly rich people with no consciences. (Pretty self-explanatory.) Second, a conglomeration of people who cannot separate fact from fiction (and admittedly, Russia did a good job of helping there), people so distressed from how their lives turned out that they clung tenaciously to a simple (false) message of turning back the clock, as well as racists, misogynists, anti-Semites, homophobes and other haters.
Will that needle move as more of the corrupt organization is found guilty? Time will tell.
The year was fantastic for Democrats being elected. The House! The statehouses and governors’ mansions! The special elections! While we didn’t win the Senate, it could have been worse, and 2020 looks good – we will be defending 12 seats to their 21, and already Lamar Alexander has decided to call it quits, meaning the first open seat will be Kentucky.
How well we do in 2020 will be dependent on three things:
Posted in Holidays
Also tagged Democratic Convention Watch, Democrats
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A Long December
As we come to the end of another year, there are a lot of things happening.
Let’s start with North Carolina and the Ninth District, the last of the House seats still up in the air. It is unclear how much of the vote count has been impacted by the shenanigans. There is substantial evidence showing that political operatives broke North Carolina law by getting involved in the collection of absentee ballots from non-relatives. There is also evidence suggesting that these individuals may suggests that these operaves were selective in turning in the ballots that they received and may have altered other ballots (e.g., by casting votes in races that the voter left blank). Since some states do allow non-relatives to collect absentee ballots, what is happening in North Carolina shows the need to have some anti-fraud measures in such voting. Making it easy to vote is a good thing. However, historically, we have known that most voter fraud is connected with mail-in or absentee voting and not with in-person voter-impersonation. Of course, Republicans have been more concerned with stopping in-person fraud in ways that make it difficult to vote in person. Meanwhile, they have uniformly been willing to relax the rules designed to assure that ballots received in the mail actually reflect the intent of the person who supposedly have cast them. Going forward, Democrats — wanting to make it easy for people to vote — need to be sure that the rules include adequate protection to prevent con-artists from stealing and altering ballots before they get to the election office.
We have also seen the start of Democrats announcing that they are considering running for President. Over the next three to six months, we will see more Democrats announce their campaigns; some of these candidates will decide to halt their campaigns before we reach July, but many of them will make the late Summer when we begin to have debates. While the DNC does not need to finalize its debate plans yet, it does need to consider what the Republicans did wrong in 2016 (as well as what the Democrats did wrong in 2016). The Republicans big problem was having too many candidates for a single debate. The simple reality is that more candidates on the stage translates into less substance and more personal attacks and everyone agreeing with what they perceive as party orthodoxy. On the other hand, there is no rational method for choosing which candidates make the debate. The Republican tentative solution was what many called the JV or kiddie-table debate in which polls were used to separate the top candidates from the others. However, after the first four or five candidates, the gap between the remaining candidates will often be less than the standard margin of error in most polls. (In other words, the difference is close enough that the real standing of the candidates is unclear.) Offering my humble suggestions, the following makes sense to me: 1) No more than six or seven candidates on the stage at a time (even that is probably too many, but it allows each candidate to have a semi-substantive response to each question); 2) all parts of the debate need to be in prime time (see next suggestion below) even if that means short breaks between the parts in which candidates are rushed on and off the stage with no opportunity to schmooze with the audience for those in the earlier parts; and 3) the candidates in part one or part two (or part three if there are even more candidates) should be randomly suggested and there should be a limit on the number of consecutive times that a candidate can be in any part (in other words, no part is clearly the “Not Ready for Prime Time” debate and no candidate is consistently going in the early debate or the late debate).
Posted in Democratic Party, Elections, House of Representatives, Politics
Also tagged 2019 Canadian Election, 2020 Pesidential Primary, 2020 Presidetial Debate, Angela Merkel, Brexit, Health Care, Justin Trudeau, North Carolina, Theresa May
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