Joe Selvaggi talks with Cato Institute legal fellow Brent Skorup about the split in the court of appeals over the Constitution’s 4th Amendment protections concerning law enforcement’s search of location tracking data.

Sen. John Kennedy Queries A Biden Nominee, The Hon. Noel Wise, To Expose Her Prejudice Against Christians

 

As part of the confirmation process for the Biden nominees for federal judgeships, US senators are allowed to question and interview the nominees.

In the queries brought forward by both Sen. John Kennedy and Sen. Josh Hawley, the public has been able to witness the Biden nominee for a Federal judgeship, Noel Wise, having her own words handed back to her by the senators.

The TFR Option

 

I am a firm believer in options, and I think we should especially have options on our ballots. Seven years ago, I suggested one ballot option that I would like to see. But the more I think about it, we need a more extreme option on the ballot, a more American option. An option, indeed, that accords with long-standing, although lately-neglected, American traditions. Having an option to vote for a whistlepig is not strong enough a message in some cases. No, we need the TFR option. TFR is for Tarring, Feathering, and riding out of the (city/county/state/country) on a Rail.

When I first conceived of this idea, I thought it should apply to the entire ballot, but that is unlikely to get results. We need it for each office and the entire ballot, just to make sure.

Threats to the Rule of Law

 

Anyone watching the slugfest within the Democratic Party knows about its deep divisions over whether Joe Biden should run for re-election, or indeed stay in office for the duration of his term. But for all these divisions, Democrats are strongly united on two unassailable propositions. The first is that Joe Biden has been a great president on both domestic and foreign affairs. And second, the transcendent threat to democracy is embodied in Donald J. Trump, even if, as Frank Bruni wrote in the bellwether New York Times last week (before the assassination attempt deeply discredited harsh political denunciations on all sides), that Trump slyly remained on good behavior as Democrats duked it out among themselves. To make matters worse, Trump was going to—according to yet another Times stalwart, Jesse Wegman—strengthen a Supreme Court that goes about gaslighting the public by pretending to be moderate. This is the court, of course, that has handed down decisions like United States v. Rahimi, which held sensibly that nothing in the text or history of the Second Amendment required striking down a federal law that forbade a person guilty of domestic violence to possess a firearm.

One reason the Democrats are so panicky is that they fear they cannot count on Trump to defeat himself in the upcoming election—even more so now that images of a bloodied, defiant Republican candidate have been dominating news pages this week. But there is another narrative even more dangerous to the Democrats’ re-election story that needs airing. Biden and his administration have been far from blameless on key issues of public affairs. Indeed, their deeds are a far greater threat to democracy than Trump’s ill-chosen words. (Despite Trump’s improbable denial that he ever led chants of “lock her up” against Hillary Clinton, for instance, while in office Trump never sought to indict her or any other Democratic insider.)

Licensed to Lie, Sidney Powell

 

It’s surreal to be writing this review on the day after the assassination attempt on Donald Trump. This book focuses on the long slide of our “justice” department into a “conviction machine” by a woman who started her career as a starry-eyed believer in the integrity of the DOJ.

As I observed the events of yesterday, I could not believe that a competent Secret Service would not detect a person on a roof with a rifle within 150 yards of a former president/current leading presidential candidate, especially when people in the crowd were pointing and yelling “there is a guy with a gun up there” before the shots fired.

A First Whack Against New York Lawfare

 

Although the news is dominated with stories of Biden and his betrayal of the American people, also known as lying about his mental acuity, there are other hopeful actions that suggest that lawfare will finally get its first major test. Attorney General of Missouri Andrew Bailey is fighting back for the people of Missouri, for other states and for Donald Trump:

Missouri filed a lawsuit against the state of New York on Wednesday seeking to lift the gag order imposed against former President Trump during his hush money trial and delay sentencing for his conviction in that case until after the November election.

[Member Post]

 

Dazzled by my informed and incisive commentary on legal issues, people often conclude that I am an attorney. It’s an easy mistake to make, but no lawyer I, only a casual observer indulging an interest in the American legal system and its workings by reading widely—legal blogs, complaints, indictments, judgments, cert petitions, academic papers—pretty much […]

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Executive Orders: Tit for Tat, or Are Executive Orders in Jeopardy?

 

The reasoning behind executive orders has always been a mystery to me, so I decided to do a little research into their history, as well as speculate on their use in these chaotic times. I’m not sure the justification for them will be any clearer, but we may see some alternatives to their use by the president if Trump is elected. Here is one definition of Executive Orders:

An executive order is a directive from the President that has much of the same power as a federal law. Several landmark moments in American history came about directly from the use of executive orders issued from the White House’s desk, including one Supreme Court decision that limited a presidential executive order issued by Harry Truman. . .

What About Auer?

 

Everyone is emoting about the Supreme Court decision in Loper Bright overturning Chevron. No one that I can find has said anything about Auer.

What is the difference?  My non-legal mind is woefully insufficient to delineate the differences between Chevron and Auer, but I’ll give it a shot nevertheless. Remember: just my opinion. I could be wrong (the Dennis Miller caveat).

The Supreme Court term has finally come to end with the issuance of the last opinions – including the most consequential: Trump v United States.

Ann reviews that plus three opinions issued late last week, including the overturning of the Chevron deference, the January 6th obstruction charges and the “homeless” case (City of Grants Pass v Johnson).

[Member Post]

 

I was very disappointed in the SCOTUS ruling in the censorship case that the plaintiffs had a lack of standing.  It seems that the role of SCOTUS in defending the Constitution has taken a back seat to not stirring the water.  From where I sit (I am not a lawyer, but Hillsdale College does send […]

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