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Judge Karen Henderson's Floodgate Concerns

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emptywheel
Judge Karen Henderson asked both John Sauer (Trump's lawyer) and James Pearce, arguing for Jack Smith, to address whether Marbury v. Madison combined with the Take Care Clause gets Article III Courts to jurisdiction over presidential actions. From there, she was mostly concerned that such a decision would unleash a floodgate of politicized prosecutions.
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John Sauer Says Joe Biden May Assassinate His Client

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emptywheel
John Sauer backed himself into the position of saying that if Joe Biden ordered Seal Team Six to assassinate his client, then quit immediately, he could never be held accountable.
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The Tommy Tuberville Gap in the Trump Indictment

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emptywheel
The call Trump placed to Tommy Tuberville immediately after Mike Pence was evacuated from the Senate floor does not appear in the indictment, probably because the only witnesses have immunity under Speech and Debate from testifying to it.
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The First Time Trump “Colluded” with Russia Was To Help Bibi Netanyahu

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emptywheel
The first time Trump reached out to Russia to undercut Barack Obama's foreign policy in 2016 was an attempt to protect Bibi Netanyahu from repercussions for illegal settlements.
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Ball of Thread: Trump's Narcissism Makes Him Easy to Trigger

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emptywheel
Because Trump is such an epic, reliable narcissist, you don't need anything more than that narcissism to explain his behavior.
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The (Il)Logic of Elise Stefanik's Hostage Video

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emptywheel
Elise Stefanik didn't call Jan6ers "hostages" today because she believes it. She blurted that word along with about 20 others to perform the word salad Trump values.
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Dan Scavino, Alone with Trump, Had Access to the Attempted Murder Weapon

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emptywheel
As expected, Dan Scavino told prosecutors that he was not in the room when a Tweet sent from Trump's phone almost got his Vice President killed.
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How Trump Manipulated 3 NYT Journalists to Make a Campaign Ad for Fascism

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emptywheel
In honor of January 6, a slew of journalists allowed themselves to be manipulated by Donald Trump to suggest one can't discern who is telling the truth about democracy and rule of law, Joe Biden or Trump.
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"Stand Back and Stand By:" Jack Smith's Hidden Cards

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emptywheel
Last summer, Jack Smith chose to indict just Trump, by himself. At any point, he could choose to do something else.

SCOTUS Rushes to Grant Trump Protections After It Refused to Rush to Ensure Due Process

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emptywheel
The Supreme Court will rush to interfere in states' management of elections in Colorado.
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This Poll Is as Important as a Trump Trial

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emptywheel
As of right now, thin majorities support democracy over Trump's fascism. Those numbers need to be defended and, hopefully, expanded.
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Rebuttals to Eric Trump's Talking Points about His Daddy's Corruption

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emptywheel
Eric Trump's excuses for his Daddy's funding from foreign governments while he was President don't really help him.
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In Rudy Giuliani Affidavit, SDNY Hung Up the Perfect Phone Call

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emptywheel
A comparison of three warrants used in the influence peddling investigation of Lev Parnas and Rudy Giuliani leaves unanswered how much SDNY learned about the funding of the effort to fire Marie Yovanovitch in exchange for dirt on Hunter Biden.

Socially Normative Agency And Rights

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Ed Walker
Rights set the boundaries of the demands society can make on us. Why do unaccountable and unconstrained judges get to make the final decision?
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Welcome to 2024: New Little Habits, New Little Hopes

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Rayne
An open thread post which includes a cocktail recipe and a hortatory kick in the ass to start this new year.
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What Joseph Ziegler Didn't Find When He Looked for Hunter Biden's Sex Workers

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emptywheel
In the week that Hunter Biden paid a sex worker a Venmo payment that IRS Agent Joseph Ziegler turned into a felony tax case, Hunter's identity had been potentially compromised no less than six times.
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When Michael Dreeben Accepted John Sauer's Invitation to Talk about Speech and Debate

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emptywheel
John Sauer added something to Donald Trump's immunity claims: That he should be entitled to the same immunities members of Congress are. That led Michael Dreeben to invoke Karen Henderson's past concurrence establishing that, "it is well settled that a Member is subject to criminal prosecution and process."
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What Jack Smith Didn't Say in His Double Jeopardy Response

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emptywheel
JacK Smith repeated some language in his response to Trump's double jeopardy claim that keeps options open regarding an incitement of insurrection charge.
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