crooksandliars--2020-11-19--Big Wins In 2020 Election For Progressive Prosecutors

Despite the broad political polarization in the United States , the 2020 election confirmed a clear movement across both red and blue America : the gains made by reform-minded prosecutors .
Running on progressive platforms that include ending mass incarceration and addressing police misconduct , candidates defeated traditional “ law-and-order ” prosecutors across the country .
Elected prosecutors – often called state ’ s attorneys or district attorneys – represent the people of a particular county in their criminal cases .
Their offices work with law enforcement to investigate and try cases , determine which crimes should be prioritized and @ @ @ @ @ @ @ decades of incumbent prosecutors winning reelection based on their high conviction rates or the long sentences they achieved , advocates for criminal justice reform began making inroads into their territory a few years ago .
They did so mainly by drawing attention to local races and funding progressive challengers .
During her 2016 run for state ’ s attorney for Cook County , Illinois , Kim Foxx vowed to bring more accountability to police shootings and reduce prosecutions for nonviolent crimes .
She won , becoming the first Black woman to serve as @ @ @ @ @ @ @ It was also the first high-profile sign that this progressive prosecutorial approach was working .
Her victory was followed by the 2017 election of Larry Krasner as district attorney in Philadelphia .
Krasner , a former civil rights attorney , had never prosecuted a case when he ran for office – a move that the city ’ s police union chief called “ hilarious.
” But Krasner ’ s campaign platform – addressing mass incarceration and police misconduct – responded to a city saddled with the highest incarceration rate among large U.S. cities @ @ @ @ @ @ @ citizens .
Krasner won with 75 % of the vote .
As a criminal procedure professor and a former federal prosecutor , I have watched the desire for reform only grow since then .
Progressive candidates have pledged to transform a criminal justice system that has bloated prisons and disproportionately targeted people of color .
Black Lives Matter protests have also focused attention on how prosecutors make decisions – whom they prosecute and how severely , particularly in police violence cases .
Despite criticism of her first term – including her decision to @ @ @ @ @ @ @ for faking a hate crime – Foxx won reelection on Nov. 3 by a 14-point margin .
It was a sign , according to the Chicago Sun-Times , that Cook County “ doesn ’ t want to go backward on criminal justice reform.
” That sentiment is echoing across the country .
In Orlando , criminal justice reformer Monique Worrell beat a law-and-order “ independent conservative ” in the race for state attorney .
In Detroit , Karen McDonald won her race for Oakland County prosecutor by promising “ common-sense criminal justice reform @ @ @ @ @ @ @ , addresses racial disparity , and creates a fair system for all people.
” And in Colorado , Democratic prosecutors flipped two large Colorado districts that had been held for decades by Republicans .
“ I think people are starting to realize , ‘ Why don ’ t I know who my DA is ?
‘ ” said Gordon McLaughlin , the new district attorney for Colorado ’ s Eighth Judicial District , who campaigned on alternatives to incarceration for nonviolent offenders .
“ It ’ s brought criminal justice into the main @ @ @ @ @ @ @ ’ minds is how prosecutors ’ offices choose to handle police violence .
In Los Angeles , George Gascón , a former police officer , ousted Jackie Lacey .
Lacey was the target of sustained criticism from BLM activists , who protested in front of her office every Wednesday for three years .
They complained that , during her eight years in office , Lacey criminally prosecuted only one of the approximately 600 officer-involved shootings .
They added that Lacey , a Black woman , sent 22 people of color to death row @ @ @ @ @ @ @ for officer-involved shootings .
During the campaign , he pledged to reopen high-profile cases , including two where people were shot for not complying with an officer ’ s directions .
Progressive prosecutors are likely to have the most impact by diverting people away from the criminal justice system in the first place .
Many have been motivated by what they see as “ the criminalization of poverty ” – a phenomenon in which the poor compile criminal records for minor offenses because they can not afford bail or effective legal counsel .
@ @ @ @ @ @ @ for San Luis Valley , Colorado , was outraged that poor people were forced to stay in jail because they couldn ’ t afford to post bond .
“ I decided I wanted to bring some human compassion to the DA ’ s office , ” he told the Denver Post .
Reforming the cash bail system and reducing mass incarceration is a goal shared by all of the newly elected prosecutors this election cycle , including Jose Garza , an immigrant rights attorney , in Austin , Texas .
It seems that @ @ @ @ @ @ @ some of the nation ’ s largest cities , but reformers didn ’ t enjoy success everywhere .
Candidates Zack Thomas in Johnson County , Kansas , and Julie Gunnigle in Maricopa County , Arizona , lost their races .
And incumbents withstood reformist challengers in Cincinnati , Ohio , and Charleston , South Carolina .
Nonetheless , progressive prosecutors are increasingly winning races – and staying in power – by using the criminal justice system in more equitable ways .
Worrell , in Orlando , is a good example .
She ran @ @ @ @ @ @ @ attorney ’ s office , investigating innocence claims from convicted defendants .
[ Deep knowledge , daily .
Sign up for The Conversation ’ s newsletter . ]
Her reform message resonated a lot more with voters than the message of her opponent , Jose Torroella , who pledged to be “ more old-fashioned ” and more “ strict.
” Worrell won the race with nearly 66 % of the votes .
“ Criminal justice reform is not something people should be afraid of , ” Worrell said .
“ It means we @ @ @ @ @ @ @ crime , rather than tough on crime.
” This article is republished from The Conversation under a Creative Commons license .
Read the original article .

Caren Morrison, Georgia State University
Despite the broad political polarization in the United States, the 2020 election confirmed a clear movement across both red and blue America: the gains made by reform-minded prosecutors.
Running on progressive platforms that include ending mass incarceration and addressing police misconduct, candidates defeated traditional “law-and-order” prosecutors across the country.
Elected prosecutors – often called state’s attorneys or district attorneys – represent the people of a particular county in their criminal cases. Their offices work with law enforcement to investigate and try cases, determine which crimes should be prioritized and decide how punitive to be.
After decades of incumbent prosecutors winning reelection based on their high conviction rates or the long sentences they achieved, advocates for criminal justice reform began making inroads into their territory a few years ago. They did so mainly by drawing attention to local races and funding progressive challengers.
Birth of a movement
During her 2016 run for state’s attorney for Cook County, Illinois, Kim Foxx vowed to bring more accountability to police shootings and reduce prosecutions for nonviolent crimes.
She won, becoming the first Black woman to serve as state’s attorney in Chicago. It was also the first high-profile sign that this progressive prosecutorial approach was working.
Her victory was followed by the 2017 election of Larry Krasner as district attorney in Philadelphia. Krasner, a former civil rights attorney, had never prosecuted a case when he ran for office – a move that the city’s police union chief called “hilarious.”
But Krasner’s campaign platform – addressing mass incarceration and police misconduct – responded to a city saddled with the highest incarceration rate among large U.S. cities, nearly seven out of every 1,000 citizens. Krasner won with 75% of the vote.
As a criminal procedure professor and a former federal prosecutor, I have watched the desire for reform only grow since then.
Progressive candidates have pledged to transform a criminal justice system that has bloated prisons and disproportionately targeted people of color.
Black Lives Matter protests have also focused attention on how prosecutors make decisions – whom they prosecute and how severely, particularly in police violence cases.
Movement gains steam
Despite criticism of her first term – including her decision to drop the charges against actor Jussie Smollett for faking a hate crime – Foxx won reelection on Nov. 3 by a 14-point margin. It was a sign, according to the Chicago Sun-Times, that Cook County “doesn’t want to go backward on criminal justice reform.”
That sentiment is echoing across the country.
In Orlando, criminal justice reformer Monique Worrell beat a law-and-order “independent conservative” in the race for state attorney.
In Detroit, Karen McDonald won her race for Oakland County prosecutor by promising “common-sense criminal justice reform that utilizes treatment courts and diversion programs, addresses racial disparity, and creates a fair system for all people.”
And in Colorado, Democratic prosecutors flipped two large Colorado districts that had been held for decades by Republicans.
“I think people are starting to realize, ‘Why don’t I know who my DA is?‘” said Gordon McLaughlin, the new district attorney for Colorado’s Eighth Judicial District, who campaigned on alternatives to incarceration for nonviolent offenders. “It’s brought criminal justice into the main conversation.”
Police accountability
One prominent issue on voters’ minds is how prosecutors’ offices choose to handle police violence.
In Los Angeles, George Gascón, a former police officer, ousted Jackie Lacey. Lacey was the target of sustained criticism from BLM activists, who protested in front of her office every Wednesday for three years.
Myung J. Chun/Los Angeles Times via Getty Images
They complained that, during her eight years in office, Lacey criminally prosecuted only one of the approximately 600 officer-involved shootings. They added that Lacey, a Black woman, sent 22 people of color to death row.
Gascón vowed to hold police accountable for officer-involved shootings. During the campaign, he pledged to reopen high-profile cases, including two where people were shot for not complying with an officer’s directions.
Mass incarceration and cash bail
Progressive prosecutors are likely to have the most impact by diverting people away from the criminal justice system in the first place.
Many have been motivated by what they see as “the criminalization of poverty” – a phenomenon in which the poor compile criminal records for minor offenses because they cannot afford bail or effective legal counsel.
Alonzo Payne, the new district attorney for San Luis Valley, Colorado, was outraged that poor people were forced to stay in jail because they couldn’t afford to post bond.
“I decided I wanted to bring some human compassion to the DA’s office,” he told the Denver Post.
Reforming the cash bail system and reducing mass incarceration is a goal shared by all of the newly elected prosecutors this election cycle, including Jose Garza, an immigrant rights attorney, in Austin, Texas.
Looking ahead
It seems that progressive policies are here to stay in some of the nation’s largest cities, but reformers didn’t enjoy success everywhere.
Candidates Zack Thomas in Johnson County, Kansas, and Julie Gunnigle in Maricopa County, Arizona, lost their races. And incumbents withstood reformist challengers in Cincinnati, Ohio, and Charleston, South Carolina.
Nonetheless, progressive prosecutors are increasingly winning races – and staying in power – by using the criminal justice system in more equitable ways.
Worrell, in Orlando, is a good example. She ran the Conviction Integrity Unit in the district attorney’s office, investigating innocence claims from convicted defendants.
[Deep knowledge, daily. Sign up for The Conversation’s newsletter.]
Her reform message resonated a lot more with voters than the message of her opponent, Jose Torroella, who pledged to be “more old-fashioned” and more “strict.” Worrell won the race with nearly 66% of the votes.
“Criminal justice reform is not something people should be afraid of,” Worrell said. “It means we’re going to be smart on crime, rather than tough on crime.”
Caren Morrison, Associate Professor of Law, Georgia State University
This article is republished from The Conversation under a Creative Commons license. Read the original article.


crooksandliars--2020-11-19--Jimmy Kimmel Predicts Trump's Wisconsin 'Recount' Ain't Happening

KIMMEL : Tomorrow ’ s also the Trump campaign ’ s deadline to request a recount in Wisconsin , and @ @ @ @ @ A recount in Wisconsin would cost the Trump campaign $ 8 million , which is @ @ @ @ @ his supporters for $ 16 million .
A little walking-around money on the side .
@ @ @ @ @ Wisconsin ’ s getting $ 8 million from Donald Trump is if it has sex @ @ @ @ @

KIMMEL: Tomorrow’s also the Trump campaign’s deadline to request a recount in Wisconsin, and that is not cheap. A recount in Wisconsin would cost the Trump campaign $8 million, which is why he’s asking his supporters for $16 million. A little walking-around money on the side. Listen, the only way Wisconsin’s getting $8 million from Donald Trump is if it has sex with him 63 times.
Open thread below...


crooksandliars--2020-11-20--Rachel Maddow: 'Do Whatever You Have To Do To Keep From Getting This Thing'

After a two-week absence , Rachel Maddow appeared last night in a live-feed broadcast from her home .
As the show began , an emotional Maddow talked about the reason for her quarantine .
Via the Washington Post : Her partner of 21 years , the artist and photographer Susan Mikula , tested positive for the novel coronavirus almost two weeks ago and then became seriously ill. “ At one point , we really thought there was a possibility that it might kill her , ” Maddow said .
“ That ’ s why I ’ ve been away.
” @ @ @ @ @ @ @ struggle with covid-19 , Maddow pleaded with viewers to stay home for Thanksgiving and reconsider any activities that might put them at risk of catching the coronavirus or spreading it to others .
“ Don ’ t get this thing .
Do whatever you can to keep from getting it , ” she said .
“ For Thanksgiving next week , you really are going to have to just have it at home without people coming over .
And yeah , it ’ s going to suck , but that ’ s going @ @ @ @ @ @ @ or somebody in your family getting this and getting sick .
Trust me.
” “ There isn ’ t room for you in the hospital anymore , broadly speaking , so for the sake of your country you really can ’ t get sick and need to go to the hospital right now , ” she said Thursday .
“ And the only way to ensure that is to ensure that you do not get infected.
” As a covid survivor , I know what Maddow is trying to convey : It 's @ @ @ @ @ @ @ carelessly risking this .
Eight months later , I 'm starting to feel somewhat normal -- but `` normal '' after covid is a relative term .
And I 'm doing a lot better than most long-haul covid survivors .
I can actually walk across the room now without needing a nap to recover .
But even if you 're not a long hauler ( and God , I hope you 're not ) , there is nothing quite as scary as struggling to breathe through airways that feel like they 're filled @ @ @ @ @ @ @ , I am reading more and more about covid carriers who just ... drop dead weeks after apparent recovery .
You ca n't be paranoid enough about an airborne virus .
( For one thing , it makes public restrooms very risky , because every time someone flushes , they 're spreading microscopic particles into the room . )
I caught it in a mostly empty hospital , in an empty emergency room !
( Experts suspect it 's spread at least in part through ventilation systems . )
Watching Maddow describe what @ @ @ @ @ @ @ was upsetting -- but not as upsetting as actually living through it .
Do n't take unnecessary chances , because if you do get it , your life may never be the same .

After a two-week absence, Rachel Maddow appeared last night in a live-feed broadcast from her home. As the show began, an emotional Maddow talked about the reason for her quarantine. Via the Washington Post:
Her partner of 21 years, the artist and photographer Susan Mikula, tested positive for the novel coronavirus almost two weeks ago and then became seriously ill. “At one point, we really thought there was a possibility that it might kill her,” Maddow said. “That’s why I’ve been away.” In telling her family’s own struggle with covid-19, Maddow pleaded with viewers to stay home for Thanksgiving and reconsider any activities that might put them at risk of catching the coronavirus or spreading it to others. “Don’t get this thing. Do whatever you can to keep from getting it,” she said. “For Thanksgiving next week, you really are going to have to just have it at home without people coming over. And yeah, it’s going to suck, but that’s going to suck so much less than you or somebody in your family getting this and getting sick. Trust me.”
She also reminded people:
“There isn’t room for you in the hospital anymore, broadly speaking, so for the sake of your country you really can’t get sick and need to go to the hospital right now,” she said Thursday. “And the only way to ensure that is to ensure that you do not get infected.”
As a covid survivor, I know what Maddow is trying to convey: It's very, very hard to watch people carelessly risking this. Eight months later, I'm starting to feel somewhat normal -- but "normal" after covid is a relative term. And I'm doing a lot better than most long-haul covid survivors. I can actually walk across the room now without needing a nap to recover.
But even if you're not a long hauler (and God, I hope you're not), there is nothing quite as scary as struggling to breathe through airways that feel like they're filled with cement. And scariest of all, I am reading more and more about covid carriers who just ... drop dead weeks after apparent recovery.
You can't be paranoid enough about an airborne virus. (For one thing, it makes public restrooms very risky, because every time someone flushes, they're spreading microscopic particles into the room.) I caught it in a mostly empty hospital, in an empty emergency room! (Experts suspect it's spread at least in part through ventilation systems.)
Watching Maddow describe what she and her partner have been through was upsetting -- but not as upsetting as actually living through it. Don't take unnecessary chances, because if you do get it, your life may never be the same.


crooksandliars--2020-11-20--Texas County Caves After Putting Only Black Official In Basement Office, Past ‘Negroes’ Sign

A Jim Crow-era move against the only Democrat , and the only Black person elected in Ellis County , TX seemed designed to send a signal and to humiliate Curtis Polk Jr. , elected Constable in Precinct 3 .
The news was broken on Facebook by Smash Da Topic News , and amplified on Twitter by Jana Lynne Sanchez - a fellow politician and friend of Polk 's .
According to Constable Polk , a number of offices were moved to accommodate the county 's Treasurer 's office , yet he is the only one who ended up without a @ @ @ @ @ @ @ just happened to be in the basement of the historic courthouse , where just outside his shared office the word `` Negroes '' is painted , with a historical marker beneath it explaining the alleged context .
Demands for explanations and justice grew louder , and the actions of Judge Todd Little became the focus of sharp and deserved criticism — not only for putting Constable Polk in the basement , but for attempting to justify keeping the word `` Negroes '' painted on the wall , there .
His reasoning , such @ @ @ @ @ @ @ presented with this historical marker challenges us to continue to learn from our past . ''
The only thing Judge Little has learned from `` our past '' is that America is built on white supremacy and oppression of Black people , and if he feels like putting a Black Democrat in the basement , he 'll do as he damn pleases .
He 's learned that he can piss in our faces and tell us it 's raining , like so : Right .
Sure , Todd .
The thing is , @ @ @ @ @ @ @ difference between rainwater and piss now .
And fewer of us are willing to stand by while you treat the world like your toilet .
Eventually , after enough unwanted attention about this , Judge Little gave Constable Polk was a private office on the second floor of the courthouse .
The video below was staged after the agreement was reached .
Judge Little speaks to the constable 's family , and tries to deliver the same line of bull about there being nothing at all personal or racial about the decision to @ @ @ @ @ @ @ to a Jim Crow-era sign .
Judge Little actually says , `` The goal here was never to offend Curtis or his people . ''
His people , got that ?
The sign is now covered up , and the Ellis County Historical Commission will determine the fate of the sign .
But Judge Little still lays the groundwork in the video below for his arguments to leave it in place .
`` If we do erase that , or if we eliminate that , what 's it tell our fifth-grade kids who @ @ @ @ @ @ @ ? ''
Um ... you take them to the museum where the sign can be viewed , and the context explained to them there .
You do n't leave it in a FUNCTIONING COUNTY COURTHOUSE , you racist closet klansman .
Little claims , however , that he does n't want to cause them pain .
`` When you feel people hurting , eventually , it makes you hurt , '' he says .
He 's very empathetic , see .
If he was truly empathetic , he would never have allowed Constable @ @ @ @ @ @ @ disrespect and placed him in such an emotionally hostile professional situation .
And if he was truly empathetic , he would be absolutely mortified , ashamed , thoroughly apologetic , and admit it was his white privilege that made him blind to the trauma he was inflicting on a duly elected constable , and he would set an example for other white folks by making all of that clear .
At least , though , Constable Polk spoke up , got support , his voice was amplified , and he ended up with @ @ @ @ @ @ @ of Judge LIttle 's offices .

A Jim Crow-era move against the only Democrat, and the only Black person elected in Ellis County, TX seemed designed to send a signal and to humiliate Curtis Polk Jr., elected Constable in Precinct 3. The news was broken on Facebook by Smash Da Topic News, and amplified on Twitter by Jana Lynne Sanchez - a fellow politician and friend of Polk's.
Ellis County TX has moved the only elected Democrat and the only African American, Constable Curtis Polk Jr. to a basement office with the word “Negroes” painted outside pic.twitter.com/BN1q7FUt9w — Jana Lynne Sanchez (@janasanchez) November 17, 2020
According to Constable Polk, a number of offices were moved to accommodate the county's Treasurer's office, yet he is the only one who ended up without a private office of his own. It just happened to be in the basement of the historic courthouse, where just outside his shared office the word "Negroes" is painted, with a historical marker beneath it explaining the alleged context.
The Commissioners' Court voted on Nov 10 to move only Curtis. All the other white, Republican Constables were left in private offices. Oh and before Curtis was elected '18, the Court had the previous Constable, who was legally elected, thrown out https://t.co/WznGXePUBy https://t.co/YsJix23Gqv — Jana Lynne Sanchez (@janasanchez) November 17, 2020
Demands for explanations and justice grew louder, and the actions of Judge Todd Little became the focus of sharp and deserved criticism — not only for putting Constable Polk in the basement, but for attempting to justify keeping the word "Negroes" painted on the wall, there. His reasoning, such as it is: “The plaque presented with this historical marker challenges us to continue to learn from our past."
The only thing Judge Little has learned from "our past" is that America is built on white supremacy and oppression of Black people, and if he feels like putting a Black Democrat in the basement, he'll do as he damn pleases. He's learned that he can piss in our faces and tell us it's raining, like so:
Little said the decision to relocate Polk's office was based on “logic and the availability of space, not on malice or any other subjective information.”
Right. Sure, Todd. The thing is, more and more of us know the difference between rainwater and piss now. And fewer of us are willing to stand by while you treat the world like your toilet.
Eventually, after enough unwanted attention about this, Judge Little gave Constable Polk was a private office on the second floor of the courthouse. The video below was staged after the agreement was reached. Judge Little speaks to the constable's family, and tries to deliver the same line of bull about there being nothing at all personal or racial about the decision to place Constable Polk in the basement next to a Jim Crow-era sign. Judge Little actually says, "The goal here was never to offend Curtis or his people." His people, got that?
The sign is now covered up, and the Ellis County Historical Commission will determine the fate of the sign. But Judge Little still lays the groundwork in the video below for his arguments to leave it in place. "If we do erase that, or if we eliminate that, what's it tell our fifth-grade kids who never went through this process of segregation?" Um...you take them to the museum where the sign can be viewed, and the context explained to them there. You don't leave it in a FUNCTIONING COUNTY COURTHOUSE, you racist closet klansman.
Ellis County and Precinct 3 Constable Curtis Polk Jr. have resolved a dispute over Polk's office being moved to the basement of the Historic Courthouse. Polk will now have an office on the second floor, just off of the Commissioners' Courtroom. https://t.co/IRB73WFkT1 — WaxahachieDailyLight (@WaxahachieNews) November 18, 2020
Little claims, however, that he doesn't want to cause them pain. "When you feel people hurting, eventually, it makes you hurt," he says. He's very empathetic, see.
If he was truly empathetic, he would never have allowed Constable Polk to be treated with such blatant disrespect and placed him in such an emotionally hostile professional situation. And if he was truly empathetic, he would be absolutely mortified, ashamed, thoroughly apologetic, and admit it was his white privilege that made him blind to the trauma he was inflicting on a duly elected constable, and he would set an example for other white folks by making all of that clear.
At least, though, Constable Polk spoke up, got support, his voice was amplified, and he ended up with — as it turns out — one of Judge LIttle's offices.
Author's Edit:
Ms. Sanchez also let us know on Twitter that no only was Constable Polk able to get Judge Little to agree to reverse his appalling move, and give Polk a proper private office, he convinced Little to begin the process to get a Confederate monument removed, as well. Bravo, and all the applause for Constable Polk. Gratitude for standing up for yourself and everyone in the community of Ellis, Texas.


crooksandliars--2020-11-20--If Biden Pardons Trump, It Will Accomplish Nothing

Michael Conway , a Nixon-era counsel to the House Judiciary Committee , believes that Joe Biden should issue a presidential pardon to Donald Trump ( something that Biden has pledged he wo n't do ) .
Trump would , of course , be one of the least deserving recipients of a federal pardon in history .
His pardon could not be justified based on his innocence or his contrition because Trump is not contrite ; to the contrary , he is currently endangering our democratic processes by relentlessly undermining the legitimacy of Biden ’ s election and thwarting a peaceful @ @ @ @ @ @ @ t mean there aren ’ t a few good reasons to consider it anyway .
First and foremost , Trump ’ s acceptance of a pardon — under the 1915 Supreme Court opinion in Burdick v United States — is an admission that he was guilty of the crimes for which he has been pardoned .
Pardoning him may be the only way that Trump even implicitly concedes he did anything wrong .
But Trump wo n't admit that .
He 'll pocket the pardon and insist he acknowledged nothing .
Who are @ @ @ @ @ @ @ respectable reporter and constitutional scholar in America ?
Or Trump and a succession of hacks insisting on Fox , OANN , and Newsmax that Trump admitted nothing ?
Or there might be the opposite reaction : Or both !
Trumpers do n't have much use for consistency .
... a federal pardon wouldn ’ t eliminate all of Trump ’ s potential criminal exposure .
The Supreme Court last year declined to overrule long-standing precedent which allows parallel state and federal prosecutions based upon the same facts .
So , a presidential pardon @ @ @ @ @ @ @ Vance from investigating and potentially prosecuting Trump and his company for crimes under state law ... .
Accepting a federal pardon — especially a pardon for crimes violating both federal and state laws — would be a double-edged sword for the president .
And whatever the result of any state investigation or prosecution , it could not be laid at Biden ’ s doorstep .
It would not be his appointees investigating the former president , his recent political adversary ; it would not be his employees prosecuting him .
Do you think @ @ @ @ @ @ @ ?
They already believe that all Democrats are part of a vast Deep State conspiracy .
They 'll say Biden should demand that Vance stand down .
They 'll argue that the pardon was just a ruse to keep Biden 's fingerprints off the `` phony witch hunt '' ( which you know is how they 'll describe any state prosecution of Trump ) .
But that possibility wo n't be foreclosed .
It wo n't prevent any house of Congress run by Republicans from devoting itself to non-stop investigations of Hunter Biden @ @ @ @ @ @ @ it wo n't prevent Trump from saying , `` Biden did this because he knows I did nothing wrong .
But I know he and his family are guilty of tremendous crimes , and I 'll prosecute those crimes very strongly after I beat him in 2024 . ''
Trump and his supporters will say that 's precisely why the pardon was issued : because Biden is afraid of being prosecuted himself , or afraid his son will be prosecuted .
In any case , a pardon wo n't lead to healing .
@ @ @ @ @ @ @ voters .
So what 's the point ?
Posted with permission from No More Mr. Nice Blog

Michael Conway, a Nixon-era counsel to the House Judiciary Committee, believes that Joe Biden should issue a presidential pardon to Donald Trump (something that Biden has pledged he won't do).
Trump would, of course, be one of the least deserving recipients of a federal pardon in history. His pardon could not be justified based on his innocence or his contrition because Trump is not contrite; to the contrary, he is currently endangering our democratic processes by relentlessly undermining the legitimacy of Biden’s election and thwarting a peaceful transition.... But that doesn’t mean there aren’t a few good reasons to consider it anyway.
Such as?
First and foremost, Trump’s acceptance of a pardon — under the 1915 Supreme Court opinion in Burdick v United States — is an admission that he was guilty of the crimes for which he has been pardoned. Pardoning him may be the only way that Trump even implicitly concedes he did anything wrong.
But Trump won't admit that. He'll pocket the pardon and insist he acknowledged nothing. Who are his followers going to believe? Every respectable reporter and constitutional scholar in America? Or Trump and a succession of hacks insisting on Fox, OANN, and Newsmax that Trump admitted nothing?
Or there might be the opposite reaction:
It wouldn't make any difference to trumpers. They'd just say that there was no reason for a pardon and Biden is just smearing trump. — Michilines (@Michilines1) November 17, 2020
Or both! Trumpers don't have much use for consistency.
What else?
... a federal pardon wouldn’t eliminate all of Trump’s potential criminal exposure. The Supreme Court last year declined to overrule long-standing precedent which allows parallel state and federal prosecutions based upon the same facts. So, a presidential pardon would not bar Manhattan District Attorney Cyrus Vance from investigating and potentially prosecuting Trump and his company for crimes under state law.... Accepting a federal pardon — especially a pardon for crimes violating both federal and state laws — would be a double-edged sword for the president. And whatever the result of any state investigation or prosecution, it could not be laid at Biden’s doorstep. It would not be his appointees investigating the former president, his recent political adversary; it would not be his employees prosecuting him.
Do you think that will mollify Trump or his supporters? They already believe that all Democrats are part of a vast Deep State conspiracy. They'll say Biden should demand that Vance stand down. They'll argue that the pardon was just a ruse to keep Biden's fingerprints off the "phony witch hunt" (which you know is how they'll describe any state prosecution of Trump).
A Biden pardon of Trump, like [Gerald Ford's] pardoning of former President Richard Nixon 46 years ago, would be intended to heal the nation and foreclose the possibility of an ongoing cycle of retribution after political parties change control of the government.
But that possibility won't be foreclosed. It won't prevent any house of Congress run by Republicans from devoting itself to non-stop investigations of Hunter Biden and alleged 2020 electoral irregularities. And it won't prevent Trump from saying, "Biden did this because he knows I did nothing wrong. But I know he and his family are guilty of tremendous crimes, and I'll prosecute those crimes very strongly after I beat him in 2024."
Trump and his supporters will say that's precisely why the pardon was issued: because Biden is afraid of being prosecuted himself, or afraid his son will be prosecuted.
In any case, a pardon won't lead to healing. And it will infuriate millions of anti-Trump voters. So what's the point?
Posted with permission from No More Mr. Nice Blog


The Peach

Constable Curtis Polk Jr. learned his new office was going to be in the basement of the historic courthouse building @ @ @ @ @ Negroes '' was painted on the wall , still there from the original days of @ @ @

Can you help us out?
For 18 years we have been exposing Washington lies and untangling media deceit, but now Facebook is drowning us in an ocean of right wing lies. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. Thank you.


crooksandliars--2020-11-20--Donald Trump Jr. Will Get ‘Very Involved’ In Georgia's Runoffs In ‘National Audition’ For 2024

Donald Trump Jr. is jockeying to take a role in Georgia ’ s Senate runoff elections , which are expected @ @ @ @ @ the U.S. Senate .
Sources told Daily Caller correspondent Christian Datoc that the president ’ @ @ @ @ @ Republican candidates in the state , where top 2024 Republican presidential contenders are also expected @ @ @ @ @ “ NEW : a source close to @ DonaldJTrumpJr tells me he plans to ‘ @ @ @ @ @ two Georgia runoffs in the coming weeks ’ — a number of 2024 GOP hopefuls @ @ @ @ @ even Pence ) are already using/scheduling campaign events in the state as a sort of @ @ @ @ @ wrote on Twitter .

Donald Trump Jr. is jockeying to take a role in Georgia’s Senate runoff elections, which are expected to determine which party controls the U.S. Senate.
Sources told Daily Caller correspondent Christian Datoc that the president’s son will campaign for Republican candidates in the state, where top 2024 Republican presidential contenders are also expected to take the spotlight.
“NEW: a source close to @DonaldJTrumpJr tells me he plans to ‘get very involved in the two Georgia runoffs in the coming weeks’ — a number of 2024 GOP hopefuls (Rubio, Haley, even Pence) are already using/scheduling campaign events in the state as a sort of national audition,” Datoc wrote on Twitter.


crooksandliars--2020-11-20--Democracy Is A Faith, Too.

Democracy Is A Faith, Too.

On Monday , the Times ran an article as significant as it was generally overlooked .
It was a short interview with Matthew Sheffield , a key architect of the right-wing media apparatus that not only spreads “ alternative facts ” but maintains an “ alternative reality ” that millions of Americans inhabit .
“ I basically built the infrastructure for a lot of conservative online people and personally taught a lot of them what they know.
” Sheffield is now something of an apostate .
He appears to be reckoning with what he hath wrought .
In an interview @ @ @ @ @ @ @ , he gives a Reader ’ s Digest version of about 1,000 editions of the Editorial Board .
It ’ s an impressive feat of brevity .
“ Almost all right-wing support in the United States comes from a view that Christians are under attack by secular liberals .
This point is so important and so little understood .
Logic doesn ’ t matter .
Fact-checking doesn ’ t matter .
What matters is if I can use this information to show that liberals are evil .
Many of them are not interested @ @ @ @ @ @ @ , but rather to shape the world like they want it to be ” ( my italics ) .
Just as you can ’ t answer power with facts and reason , you can ’ t answer religion with squishy amorality .
Where to begin ?
First , perhaps , is the central role of nihilism .
Everything is as good or bad as everything else , and nothing matters—unless it can be used against the enemy .
Reasonable people engaging in the democratic process in good faith will always be at a @ @ @ @ @ @ @ nothing but power .
Deferring to the authority of facts and reason is itself democracy in practice .
Denying the authority of facts and reason , however , is itself something else in practice .
It ’ s authoritarianism .
Second , the conundrum of liberalism .
Why are white evangelical Protestants ( WEPs ) and white conservative Catholics ( WCCs ) hostile to the LGBTQ community ?
Why do they believe equal accommodation laws violate their religious freedom ?
Liberals often tell themselves the reason for such hostility is fear—specifically that they @ @ @ @ @ @ @ The solution , therefore , is education .
Once WEPs and WCCs understand that a lesbian , say , isn ’ t a monster , they will accept her as a political equal .
What liberals do not understand is the more they communicate factually and logically , the more these people feel persecuted ; the more persecuted they feel , the more they go to war .
( Put another way , the more good faith goes in , the more bad faith comes out . )
Liberals fail to understand that @ @ @ @ @ @ @ to know , which is everyone who is not a WEP or a WCC is the enemy .
When it comes to the enemy , nothing matters , except the cold-blooded prosecution of power .
When liberals answer power with facts , they lose .
They must answer it with more power .
Third , political equality is a perversion of God ’ s law .
Liberal appeals to political equality , therefore , fall in deaf ears—if you ’ re lucky .
Mostly , they arouse enmity , because asking WEPs and @ @ @ @ @ @ @ between men and women is asking them to profane God .
The old orders of power ( God over Man , men over women , white over black , etc . )
are God ’ s law , and they are defended in His name .
Asking WEPs and WCCs to recognize the equality of a transgender woman , say , is a double perversion since any deviation from man-wife norms is a literal abomination .
Fourth , the appeal of Donald Trump .
Forget about religion for a minute to remind yourself @ @ @ @ @ @ @ ’ t care about anything but himself .
WEPs and WCCs think anyone who isn ’ t a WEP or a WCC is the enemy .
Put these together , and you have have what is , for all intents and purposes , a cult-like movement comprising millions of Americans who already felt the slow muddle of modernity was Christian genocide not otherwise specified .
These people do not want a freely elected president .
They desire a king to rule them in this world just as they desire a king ( Jesus @ @ @ @ @ @ @ rule them in the next .
Individual liberty isn ’ t important .
Morality isn ’ t either .
What ’ s important is obedience to the group , which is to say , to the collective .
Perhaps the biggest mistake liberals make , when faced with authoritarian religious movements , is pushing all religion away from public discourse .
But secularism isn ’ t the absence of religion .
It is the creation of a democratic space for them to compete so that none dominates .
Put another way , liberals @ @ @ @ @ @ @ .
It ’ s probably the solution .
WEPs and WCCs will never recognize anything other than The One True Faith .
But just as you can ’ t answer power with facts , you can ’ t answer religion with squishy amorality .
Democracy , after all , is a faith , too .
Republished with permission from Press Run .
Subscribe here .

On Monday, the Times ran an article as significant as it was generally overlooked. It was a short interview with Matthew Sheffield, a key architect of the right-wing media apparatus that not only spreads “alternative facts” but maintains an “alternative reality” that millions of Americans inhabit. “I basically built the infrastructure for a lot of conservative online people and personally taught a lot of them what they know.” Sheffield is now something of an apostate. He appears to be reckoning with what he hath wrought. In an interview I encourage you to read in full, he gives a Reader’s Digest version of about 1,000 editions of the Editorial Board. It’s an impressive feat of brevity.
“Almost all right-wing support in the United States comes from a view that Christians are under attack by secular liberals. This point is so important and so little understood. Logic doesn’t matter. Fact-checking doesn’t matter. What matters is if I can use this information to show that liberals are evil. Many of them are not interested in reporting the world as it is, but rather to shape the world like they want it to be” (my italics).
Just as you can’t answer power with facts and reason, you can’t answer religion with squishy amorality.
Where to begin? First, perhaps, is the central role of nihilism. Everything is as good or bad as everything else, and nothing matters—unless it can be used against the enemy. Reasonable people engaging in the democratic process in good faith will always be at a disadvantage when facing people who care about nothing but power. Deferring to the authority of facts and reason is itself democracy in practice. Denying the authority of facts and reason, however, is itself something else in practice. It’s authoritarianism.
Second, the conundrum of liberalism. Why are white evangelical Protestants (WEPs) and white conservative Catholics (WCCs) hostile to the LGBTQ community? Why do they believe equal accommodation laws violate their religious freedom? Liberals often tell themselves the reason for such hostility is fear—specifically that they fear what they do not understand. The solution, therefore, is education. Once WEPs and WCCs understand that a lesbian, say, isn’t a monster, they will accept her as a political equal.
What liberals do not understand is the more they communicate factually and logically, the more these people feel persecuted; the more persecuted they feel, the more they go to war. (Put another way, the more good faith goes in, the more bad faith comes out.) Liberals fail to understand that WEPs and WCCs understand everything they need to know, which is everyone who is not a WEP or a WCC is the enemy. When it comes to the enemy, nothing matters, except the cold-blooded prosecution of power. When liberals answer power with facts, they lose. They must answer it with more power.
Third, political equality is a perversion of God’s law. Liberal appeals to political equality, therefore, fall in deaf ears—if you’re lucky. Mostly, they arouse enmity, because asking WEPs and WCCs to accept as true the equality between men and women is asking them to profane God. The old orders of power (God over Man, men over women, white over black, etc.) are God’s law, and they are defended in His name. Asking WEPs and WCCs to recognize the equality of a transgender woman, say, is a double perversion since any deviation from man-wife norms is a literal abomination.
Fourth, the appeal of Donald Trump. Forget about religion for a minute to remind yourself who the president is. He doesn’t care about anything but himself. WEPs and WCCs think anyone who isn’t a WEP or a WCC is the enemy. Put these together, and you have have what is, for all intents and purposes, a cult-like movement comprising millions of Americans who already felt the slow muddle of modernity was Christian genocide not otherwise specified. These people do not want a freely elected president. They desire a king to rule them in this world just as they desire a king (Jesus Christ, King of Kings) to rule them in the next. Individual liberty isn’t important. Morality isn’t either. What’s important is obedience to the group, which is to say, to the collective.
Perhaps the biggest mistake liberals make, when faced with authoritarian religious movements, is pushing all religion away from public discourse. But secularism isn’t the absence of religion. It is the creation of a democratic space for them to compete so that none dominates. Put another way, liberals have long thought religion is the problem. It’s probably the solution. WEPs and WCCs will never recognize anything other than The One True Faith. But just as you can’t answer power with facts, you can’t answer religion with squishy amorality. Democracy, after all, is a faith, too.
Republished with permission from Press Run. Subscribe here.


crooksandliars--2020-11-19--Rudy Giuliani Goes 'My Cousin Vinny' In Crazy Presser

Rudy Giuliani has been referred to as My Cousin Vinny for his bombastic and incomprehensible defense of Trump 's faux @ @ @ @ @ that was elevated today when he actually reenacted a scene from that very movie .
@ @ @ @ @ today about Giuliani 's ineptitude as a lawyer .
Rudy is trying to undermine the @ @ @ @ @ but he 's doing so with frivolous lawsuits containing inaccurate and unsigned documents submitted to @ @ @ @ @ best people !
Rudy Giuliani 's incompetence continued today during today 's kangaroo press conference @ @ @ @ @ same addle-brained mentality to the microphone .
And his hair dye is dripping , GROSS @ @ @ @ @ to imitate a scene from My Cousin Vinny .
It did not go well .
@ @ @ @ @ .

Rudy Giuliani has been referred to as My Cousin Vinny for his bombastic and incomprehensible defense of Trump's faux election fraud schemes, but that was elevated today when he actually reenacted a scene from that very movie.
Articles are being filed everywhere today about Giuliani's ineptitude as a lawyer. Rudy is trying to undermine the 2020 election for Trump, but he's doing so with frivolous lawsuits containing inaccurate and unsigned documents submitted to the courts.
Only the best people!
so striking is the Trump campaign lawyers' incompetence in not even signing their proposed amended complaint https://t.co/xckfgMPKHN AND mistakenly signing the judges name to the proposed order to accept that complaint https://t.co/0auQqjDmkY — Rick Hasen (@rickhasen) November 19, 2020
Rudy Giuliani's incompetence continued today during today's kangaroo press conference in which he brought that same addle-brained mentality to the microphone.
And his hair dye is dripping, GROSS.
BREAKING: Rudy Giuliani’s hair dyepic.twitter.com/nY7uU2a0YG — Lindy Li (@lindyli) November 19, 2020
And then he started to imitate a scene from My Cousin Vinny.
Watch and cringe.
It did not go well.
Please go away, Rudy.
.@RudyGiuliani is actually quoting “My Cousin Vinny,” which he says is one of his favorite movies.
This is actually happening. — Andrew Feinberg (@AndrewFeinberg) November 19, 2020
So far, a solid 99% of what Giuliani is rambling on about is completely indecipherable to anyone who doesn't read Gateway Pundit — Parker Molloy (@ParkerMolloy) November 19, 2020
Jenna Ellis, the woman standing behind Rudy Giuliani and nodding as he calls My Cousin Vinny his "favorite law movie," in 2016: pic.twitter.com/98sgsqoSep — blaire erskine (@blaireerskine) November 19, 2020
Rudy is now saying that provisional ballots are proof of fraud. They are not. Also: https://t.co/apBm5jQMky — Parker Molloy (@ParkerMolloy) November 19, 2020


crooksandliars--2020-11-19--Trump Files For Partial Recount In Wisconsin

Trump has been threatening for weeks to call for a recount in Wisconsin , citing baseless conspiracy theories and ridiculous claims .
On Wednesday , Trump carried through on his threat .
Sort of .
His campaign filed for a partial recount , targeting only two counties , citing the same silliness : The recount petition , signed by Trump and Vice President Mike Pence on Monday , alleges `` mistakes and fraud '' were committed all over Wisconsin but particularly in Madison and Milwaukee , cities with large numbers of voters for Biden .
The petition does not provide @ @ @ @ @ @ @ Trump claims his campaign 's observers at Milwaukee ’ s central counting facility were required to stay 30 to 35 feet away from tables where ballots were being counted and that once his observers are closer to the counting , mistakes and fraud will be found .
Everyone knows that a recount is bound to fail because Biden leads by more than 20,000 votes .
Hell , even former governor Scott Walker said it 's going to fail , and Walker could be the only person in a room and still not be @ @ @ @ @ @ @ is n't really looking to win a recount .
He is doing this for three primary reasons : • To raise as much money as he can to help pay off his campaign debt • To bog down the election process and cast further doubt on its integrity • Because a large number of people of color voted The last point is self-evident that Trump decided to only target Milwaukee and Dane Counties , which are the two strongest Democratic bastions , have the largest population and the largest number of Black and @ @ @ @ @ @ @ long for Democratic leaders to call out the Trump campaign on this fact , but was best said by the City of Milwaukee Common Council in their press release : The Trump Campaign is seeking a recount of the votes cast in Milwaukee and Dane counties on November 3rd , in what is a clear attempt to somehow cast doubt on the outcome of the election in Wisconsin by looking for evidence of non-existent voter fraud .
The recount , focused on Wisconsin ’ s most diverse counties where by far the state @ @ @ @ @ @ @ brown people reside , is not only without merit , it is RACIST and despicable !
We expect the recount to find no significant issues nor anything that will change the vote totals in any major way .
To seek to delegitimize and disenfranchise voters after a clear and sizable election result ( where you lost fair and square , Mr. President ) is , in our view , purely evil .

Trump has been threatening for weeks to call for a recount in Wisconsin, citing baseless conspiracy theories and ridiculous claims. On Wednesday, Trump carried through on his threat. Sort of. His campaign filed for a partial recount, targeting only two counties, citing the same silliness:
The recount petition, signed by Trump and Vice President Mike Pence on Monday, alleges "mistakes and fraud" were committed all over Wisconsin but particularly in Madison and Milwaukee, cities with large numbers of voters for Biden. The petition does not provide specific examples of mistakes or fraud. Trump claims his campaign's observers at Milwaukee’s central counting facility were required to stay 30 to 35 feet away from tables where ballots were being counted and that once his observers are closer to the counting, mistakes and fraud will be found.
Everyone knows that a recount is bound to fail because Biden leads by more than 20,000 votes. Hell, even former governor Scott Walker said it's going to fail, and Walker could be the only person in a room and still not be the smartest one there.
But Trump isn't really looking to win a recount. He is doing this for three primary reasons:
To raise as much money as he can to help pay off his campaign debt
To bog down the election process and cast further doubt on its integrity
Because a large number of people of color voted
The last point is self-evident that Trump decided to only target Milwaukee and Dane Counties, which are the two strongest Democratic bastions, have the largest population and the largest number of Black and Latino people.
It didn't take long for Democratic leaders to call out the Trump campaign on this fact, but was best said by the City of Milwaukee Common Council in their press release:


crooksandliars--2020-11-19--Ben Carson Used Unproven COVID Treatment Recommended By The MyPillow Guy

Lindell recommended oleander extract from a company he just happened to have a financial interest in .
Within hours Ben Carson 's symptoms are said to have magically disappeared .
It 's unclear if Ben Carson also now has a financial interest or not .
Back in August , both of them were promoting the dietary supplement as `` a cure '' to Trump .
Snake oil salesmen , all of them .
When Ben Carson , Trump ’ s secretary of housing and urban development , came down with covid-19 last week , the former surgeon wasn ’ t @ @ @ @ @ @ @ that .
“ I heard about the oleander extract from Mike , ” Carson said in an interview .
“ Mike ” is Mike Lindell , the pillow magnate who served as a Trump campaign chairman in Minnesota ; oleander extract is an unproven therapeutic remedy for the coronavirus that Lindell has been pushing .
Carson said he took the extract , which has not been approved for such purposes by the FDA and which experts say may be dangerous , and within hours his symptoms disappeared — to the delight of Lindell @ @ @ @ @ @ @ the company that makes the extract .
“ Anybody who has ever gotten covid and taken it , they are fine in five hours , and the next day are running around playing floor hockey in the hallway , ” said Lindell , who has pitched the Trump administration on its effectiveness ( which , again , has not been proved ) .

Lindell recommended oleander extract from a company he just happened to have a financial interest in. Within hours Ben Carson's symptoms are said to have magically disappeared. It's unclear if Ben Carson also now has a financial interest or not. Back in August, both of them were promoting the dietary supplement as "a cure" to Trump.
Snake oil salesmen, all of them.
Source: Washington Post


crooksandliars--2020-11-19--ELECTION TAMPERING: Wayne County Canvassers Try 'Backsies' On Certification After Trump Calls Them

`` I 'm going to need a favor though '' ?
Is Donald Trump once again on the horn committing crimes ?
The so-called president telephoned the two Wayne County Board of Canvassers to thank them for refusing to certify the vote count .
Later , the two Republicans , Monica Palmer and William Hartmann , stated that they wanted to `` rescind their vote to certify . ''
There is no legal mechanism for `` backsies '' at the Wayne County Board of Canvassers .
In Wayne County , the two Republican canvassers at first balked at certifying the @ @ @ @ @ @ @ and then reversed course after widespread condemnation .
A person familiar with the matter said Trump reached out to the canvassers , Monica Palmer and William Hartmann , on Tuesday evening after the revised vote to express gratitude for their support .
Then , on Wednesday , Palmer and Hartmann signed affidavits saying they believe the county vote “ should not be certified.
” Time is running short for Trump .
Across the nation , recounts and court challenges must wrap up and election results must be certified by Dec. 8 .
That @ @ @ @ @ @ @ the Electoral College meeting the following week .
Donald Trump is a lawbreaker who if he ca n't steal the election with CRIME , is simply sowing chaos and cheating wherever he can .
UPDATE : Trump 's legal `` team '' appears to be taking the position that `` they won the case '' while walking away from it .
Because nothing matters anymore .

"I'm going to need a favor though"?
Is Donald Trump once again on the horn committing crimes?
The so-called president telephoned the two Wayne County Board of Canvassers to thank them for refusing to certify the vote count. Later, the two Republicans, Monica Palmer and William Hartmann, stated that they wanted to "rescind their vote to certify."
There is no legal mechanism for "backsies" at the Wayne County Board of Canvassers.
A spokesperson for the Michigan secretary of state shot down the possibility of the two Republican members rescinding their vote, saying it is out of their hands at this point.
"There is no legal mechanism for them to rescind their vote." https://t.co/20rWDgQz0A — ABC News (@ABC) November 19, 2020
Associated Press:
In Wayne County, the two Republican canvassers at first balked at certifying the vote, winning praise from Trump, and then reversed course after widespread condemnation. A person familiar with the matter said Trump reached out to the canvassers, Monica Palmer and William Hartmann, on Tuesday evening after the revised vote to express gratitude for their support. Then, on Wednesday, Palmer and Hartmann signed affidavits saying they believe the county vote “should not be certified.” Time is running short for Trump. Across the nation, recounts and court challenges must wrap up and election results must be certified by Dec. 8. That’s the constitutional deadline ahead of the Electoral College meeting the following week.
Donald Trump is a lawbreaker who if he can't steal the election with CRIME, is simply sowing chaos and cheating wherever he can.
I'm not a lawyer, but this is probably a felony. https://t.co/QCgrO6UdSa — Steve M. (@nomoremister) November 19, 2020
There is absolutely no reason why Prosecutors in Michigan should not open a criminal investigation of @realDonaldTrump for voter fraud and intimidating local election officals. — Joe Lockhart (@joelockhart) November 19, 2020
Trump called the Michigan Board of Canvassers to “express gratitude” the same way a mobster calls a business to “express gratitude, because I would hate to have to meet in person. It would be quite the inconvenience for us both, if yous know what I mean” — Ben Meiselas (@meiselasb) November 19, 2020
President Trump is playing with fire.
I can't imagine that DOJ will do anything about this (at least not now).
But state officials--like the Michigan AG and locally elected Michigan prosecutors--are perfectly capable of investigating and prosecuting state election crime. https://t.co/FDs3BYBEe2 — Carissa Byrne Hessick (@CBHessick) November 19, 2020
UPDATE: Trump's legal "team" appears to be taking the position that "they won the case" while walking away from it. Because nothing matters anymore.


crooksandliars--2020-11-21--This Is Asymmetric Warfare, And The GOP Has The Advantage

One of the main reasons we 're in this mess is that Republicans have spent years preparing their voters for a moment like this -- and Democrats have n't .
As I often say , the right-wing media and Republican officials tell GOP base voters every day , whether or not we 're in election season , that Democrats are evil , deceitful people who are responsible for all the ills of the world , occasionally in partnership with alleged allies such as antifa or the jihadist movement .
Republicans voters have heard this for so many years that they @ @ @ @ @ @ @ Joe Biden -- who seems like a decent , human person to us -- is either the mastermind or the unwitting dupe of a fiendish plot cooked up by all-powerful supervillains to steal an election .
Of course Biden and his henchmen could fake a couple hundred thousand votes in six states !
Of course they could conceal the evidence so deftly that President Trump 's lawyers and investigators ca n't uncover it !
The absence of evidence is n't proof that the election was honest and fair -- it could n't possibly @ @ @ @ @ @ @ No dyed-in-the-wool Republican voter needs evidence to be persuaded that something terrible happened .
Our malign nature is an article of faith !
Proof is n't necessary .
Republicans and the right-wing media have been preparing this ground since the George W. Bush administration sought to fire U.S. attorneys who would n't hunt for Democratic voter fraud .
The crusade to root out nonexistent electoral fraud was accompanied by Republican state efforts to purge Democratic voters from the rolls while piling on ever more onerous voter ID laws .
Democrats still managed an @ @ @ @ @ @ @ the message is still out there : Whenever Democrats vote , there 's cheating taking place .
Who needs evidence when this has been repeated for more than a decade on Fox News and talk radio , and in every legislative chamber run by Republicans ?
Meanwhile , Democrats never say that Republican are evil .
Some of us have grasped this on our own , maybe with the help of MSNBC prime-time hosts or online commentators -- but the vast majority of Democratic voters , many of whom are self-styled moderates and @ @ @ @ @ @ @ never hear this message .
In fact , they hear the opposite message from politicians like Barack Obama and Joe Biden : There is n't a red or blue America .
There 's one America .
We 're not enemies .
From Biden this year , they heard repeatedly that it was safe to vote for him because so many Republicans vouched for him .
That helped Biden win , but it reinforced the GOP 's message that Democrats are suspect and Republicans are the good guys .
That 's one wing of @ @ @ @ @ @ @ is the progressive wing , and while its members often denounce Republican policies , they 're also highly critical of mainstream Democrats .
Listen to them long enough and you lose sight of the fact that while mainstream Democrats often fail to deliver for ordinary people , Republicans are much , much worse .
And the mainstream media seems incapable of imagining the possibility that the Republican Party might be dangerous and malignant .
Surely it 's just Donald Trump !
Or Trump plus Republicans temporarily in thrall to him !
Surely the @ @ @ @ @ @ @ are n't a sign that there 's something inherently wrong with the party , any more than the GOP 's extreme positions on climate change and gun ownership and abortion and the regulation and taxation of rich people and corporations are signs that the party ca n't be trusted !
Despite all that , the GOP is seen not only as a respectable center-right party but as the party of normal Americans , while the Democratic Party is the party of non-whites and effete white freaks and weirdos .
And so much of @ @ @ @ @ @ @ of white Americans -- simply ca n't imagine that the Republican Party could be a threat to America , while the same people find it easy to believe that the Democratic Party is precisely that , because they never hear anyone ( Democratic politicians , media figures ) arguing that the former is true , and they frequently hear that the latter is true .
Therefore , they ca n't see the Republicans ' attempt to steal this presidential election for the assault on democracy that it is .
People they 've heard @ @ @ @ @ @ @ things ; people they 've heard are good are the accusers .
So of course they ca n't grasp what 's clearly going on .
Posted with permission from No More Mr. Nice Blog

One of the main reasons we're in this mess is that Republicans have spent years preparing their voters for a moment like this -- and Democrats haven't.
As I often say, the right-wing media and Republican officials tell GOP base voters every day, whether or not we're in election season, that Democrats are evil, deceitful people who are responsible for all the ills of the world, occasionally in partnership with alleged allies such as antifa or the jihadist movement. Republicans voters have heard this for so many years that they don't need to be persuaded that Joe Biden -- who seems like a decent, human person to us -- is either the mastermind or the unwitting dupe of a fiendish plot cooked up by all-powerful supervillains to steal an election. Of course Biden and his henchmen could fake a couple hundred thousand votes in six states! Of course they could conceal the evidence so deftly that President Trump's lawyers and investigators can't uncover it! The absence of evidence isn't proof that the election was honest and fair -- it couldn't possibly be! Democrats are too evil! No dyed-in-the-wool Republican voter needs evidence to be persuaded that something terrible happened. Our malign nature is an article of faith! Proof isn't necessary.
Republicans and the right-wing media have been preparing this ground since the George W. Bush administration sought to fire U.S. attorneys who wouldn't hunt for Democratic voter fraud. The crusade to root out nonexistent electoral fraud was accompanied by Republican state efforts to purge Democratic voters from the rolls while piling on ever more onerous voter ID laws. Democrats still managed an impressive turnout in this election, but the message is still out there: Whenever Democrats vote, there's cheating taking place. Who needs evidence when this has been repeated for more than a decade on Fox News and talk radio, and in every legislative chamber run by Republicans?
Meanwhile, Democrats never say that Republican are evil. Some of us have grasped this on our own, maybe with the help of MSNBC prime-time hosts or online commentators -- but the vast majority of Democratic voters, many of whom are self-styled moderates and live in red or purple communities, never hear this message. In fact, they hear the opposite message from politicians like Barack Obama and Joe Biden: There isn't a red or blue America. There's one America. We're not enemies. From Biden this year, they heard repeatedly that it was safe to vote for him because so many Republicans vouched for him. That helped Biden win, but it reinforced the GOP's message that Democrats are suspect and Republicans are the good guys.
That's one wing of the Democratic Party. The other wing is the progressive wing, and while its members often denounce Republican policies, they're also highly critical of mainstream Democrats. Listen to them long enough and you lose sight of the fact that while mainstream Democrats often fail to deliver for ordinary people, Republicans are much, much worse.
And the mainstream media seems incapable of imagining the possibility that the Republican Party might be dangerous and malignant. Surely it's just Donald Trump! Or Trump plus Republicans temporarily in thrall to him! Surely the party's four years of coddling Trump aren't a sign that there's something inherently wrong with the party, any more than the GOP's extreme positions on climate change and gun ownership and abortion and the regulation and taxation of rich people and corporations are signs that the party can't be trusted! Despite all that, the GOP is seen not only as a respectable center-right party but as the party of normal Americans, while the Democratic Party is the party of non-whites and effete white freaks and weirdos.
And so much of the population -- including a significant majority of white Americans -- simply can't imagine that the Republican Party could be a threat to America, while the same people find it easy to believe that the Democratic Party is precisely that, because they never hear anyone (Democratic politicians, media figures) arguing that the former is true, and they frequently hear that the latter is true. Therefore, they can't see the Republicans' attempt to steal this presidential election for the assault on democracy that it is. People they've heard are bad have been accused of bad things; people they've heard are good are the accusers. So of course they can't grasp what's clearly going on.
Posted with permission from No More Mr. Nice Blog


crooksandliars--2020-11-21--Steve Mnunchin: We're Working On Mass Distribution Of The Virus

On the Twitter machine , # FreudianSlip trended all day long .
Speaking to CNBC today , U.S. Treasury Secreatary @ @ @ @ @ `` We 're working on mass distribution of the virus . ''
The internet informs @ @ @ @ @ slip of the tongue and he meant to say `` vaccine . ''


crooksandliars--2020-11-20--The Sleazy Sex Lives Of The Falwells Looks Even Sleazier

Giancarlo Granda , the young “ pool boy ” turned business partner and extramarital lover of Becki Falwell , allegedly while husband Jerry Falwell Jr. watched , has come forward with new details about the relationship .
Falwell , you may recall , threw his wife under the bus and resigned from Liberty University in August , just as Granda came forward with receipts about their relationship : Granda showed Reuters emails , text messages and other evidence that he says demonstrate the sexual nature of his relationship with the couple , who have been married since 1987 .
“ @ @ @ @ @ @ @ and Jerry enjoyed watching from the corner of the room , ” Granda said in an interview .
Now 29 , he described the liaisons as frequent – “ multiple times per year ” – and said the encounters took place at hotels in Miami and New York , and at the Falwells ’ home in Virginia .
Before that , Falwell agreed to take an indefinite leave after posting a photo on Instagram of himself , with his arm around his wife ’ s assistant , each of them with pants unzipped @ @ @ @ @ @ @ with TPM about the relationship .
I couldn ’ t care less about the Falwells ’ private sex lives .
But given how Jerry Jr. lined his pockets as president of Liberty University , whose Honor Code fines students for dancing , and fines women if they wear a 2-piece bathing suit , his hypocrisy deserves all the publicity it can get .
The TPM article has lots of eye-popping details about the apparently debauched evangelicals .
Some excerpts : Granda shared records with TPM that he said back up his version of @ @ @ @ @ @ @ Granda may not be alone in his account .
Politico reported earlier this month that Becki told a neighbor about a separate liaison she had had with a Liberty student , saying that Jerry would only be angry about the encounter if he didn ’ t get to watch .
In a statement to Politico , the Falwells called the story “ completely false.
” “ I was watching some video clips on my phone..Woww !
!
!
These are two people that are very passionate at love-making !
” Becki wrote to @ @ @ @ @ @ @ [ viewed by TPM ] that surprised the then-21 year old .
“ But seeing you in person and looking at you in the eyes makes me want to rip your clothes off and get the sh** f***** out of me.
” Granda guessed that Jerry had filmed him , and that Becki was in fact watching that video .
The Falwells dispute this , and accuse Granda of selling “ intimate pictures ” of Becki to his friends — a claim Granda denies .
According to Granda , Becki publicly came on @ @ @ @ @ @ @ ’ s wedding .
“ Becki was being really obvious , feeling me up , trying to give me a kiss , ” he says .
Granda tried to stop Becki , telling her “ everyone is here right now.
” “ Don ’ t worry about it , ” she said .
Before [ a May , 2017 ] dinner , Jerry texted Granda a picture of a woman in a skirt whose underwear was exposed while she reached for a kitchen cabinet .
Granda recognized the woman as a Liberty student @ @ @ @ @ @ @ Washington Post , Jerry defended himself , saying that the woman was a friend of his daughter-in-law , and that he had sent it to several friends as an innocent joke .
It wasn ’ t meant to be sexual , he said .
“ She had on , I don ’ t know how to say this , granny panties , ” Jerry told the Post .
Falwell claims to have known nothing about his wife ’ s affair , denies ever having watched his wife have sex with Granda and accuses @ @ @ @ @ @ @ .
In a lawsuit Falwell filed against Liberty , he claims he and his wife befriended the young Granda because they were “ impressed ” by his “ entrepreneurial attitude and ambition .
”

Giancarlo Granda, the young “pool boy” turned business partner and extramarital lover of Becki Falwell, allegedly while husband Jerry Falwell Jr. watched, has come forward with new details about the relationship.
Falwell, you may recall, threw his wife under the bus and resigned from Liberty University in August, just as Granda came forward with receipts about their relationship:
Granda showed Reuters emails, text messages and other evidence that he says demonstrate the sexual nature of his relationship with the couple, who have been married since 1987. “Becki and I developed an intimate relationship and Jerry enjoyed watching from the corner of the room,” Granda said in an interview. Now 29, he described the liaisons as frequent – “multiple times per year” – and said the encounters took place at hotels in Miami and New York, and at the Falwells’ home in Virginia.
Before that, Falwell agreed to take an indefinite leave after posting a photo on Instagram of himself, with his arm around his wife’s assistant, each of them with pants unzipped.
Now Granda has spoken at length with TPM about the relationship. I couldn’t care less about the Falwells’ private sex lives. But given how Jerry Jr. lined his pockets as president of Liberty University, whose Honor Code fines students for dancing, and fines women if they wear a 2-piece bathing suit, his hypocrisy deserves all the publicity it can get.
The TPM article has lots of eye-popping details about the apparently debauched evangelicals. Some excerpts:
Granda shared records with TPM that he said back up his version of events. And other reporting suggests that Granda may not be alone in his account. Politico reported earlier this month that Becki told a neighbor about a separate liaison she had had with a Liberty student, saying that Jerry would only be angry about the encounter if he didn’t get to watch. In a statement to Politico, the Falwells called the story “completely false.” … “I was watching some video clips on my phone..Woww!!! These are two people that are very passionate at love-making!” Becki wrote to Granda in a July 2012 text message [viewed by TPM] that surprised the then-21 year old. “But seeing you in person and looking at you in the eyes makes me want to rip your clothes off and get the sh** f***** out of me.” Granda guessed that Jerry had filmed him, and that Becki was in fact watching that video. The Falwells dispute this, and accuse Granda of selling “intimate pictures” of Becki to his friends — a claim Granda denies.
According to Granda, Becki publicly came on to him at the Falwells’ son’s wedding.
“Becki was being really obvious, feeling me up, trying to give me a kiss,” he says. Granda tried to stop Becki, telling her “everyone is here right now.” “Don’t worry about it,” she said. … Before [a May, 2017] dinner, Jerry texted Granda a picture of a woman in a skirt whose underwear was exposed while she reached for a kitchen cabinet. Granda recognized the woman as a Liberty student. Asked about the image by the Washington Post, Jerry defended himself, saying that the woman was a friend of his daughter-in-law, and that he had sent it to several friends as an innocent joke. It wasn’t meant to be sexual, he said. “She had on, I don’t know how to say this, granny panties,” Jerry told the Post.
Falwell claims to have known nothing about his wife’s affair, denies ever having watched his wife have sex with Granda and accuses him of trying to extort the couple. In a lawsuit Falwell filed against Liberty, he claims he and his wife befriended the young Granda because they were “impressed” by his “entrepreneurial attitude and ambition.”
Yeah right.


crooksandliars--2020-11-20--Trump’s Attempts To Get State Legislatures To Override Election Results Face Very Long Odds

ProPublica is a Pulitzer Prize-winning investigative newsroom .
Sign up for The Big Story newsletter to receive stories like this one in your inbox .
On Friday afternoon , President Donald Trump is set to hold a meeting at the White House with the Republican leaders of Michigan ’ s Senate and House of Representatives .
It ’ s unclear what the president plans to discuss , but multiplepressreports suggest Trump , in a desperate bid to cling to power , has pinned his hopes on persuading GOP-controlled legislatures in battleground states that voted for Joe Biden to intervene and @ @ @ @ @ @ @ aspiration cropped up in the Trump campaign ’ s courtroom maneuverings this week .
Legal papers filed with a federal court in central Pennsylvania ( the campaign filed a draft version , apparently in error ) , showed that the campaign had contemplated — but ultimately decided against — asking the judge to order “ the Pennsylvania General Assembly to choose Pennsylvania ’ s electors.
” Five states fit the description of battleground states with GOP-run legislatures that voted for Biden : Michigan , Wisconsin , Pennsylvania , Arizona and Georgia .
It @ @ @ @ @ @ @ overturn the will of voters in even one state .
For Trump to snatch victory from the jaws of defeat , he would need to pull that trick off in three states .
That ’ s a very tall order .
There are steep political hurdles , starting with the fact that the two Michigan lawmakers visiting the White House on Friday have previously made statements rejecting legislative intervention .
But even if those lawmakers waver or succumb to Trump ’ s arguments , as many Republicans have , there are legal impediments @ @ @ @ @ @ @ insurmountable .
Unlike the fevered cries of election fraud — which many lawyers in the Trump camp have undercut by acknowledging in court that they have no evidence of fraud — the Trump side ’ s legislature theory has some basis in fact .
Article II of the U.S. Constitution holds that “ each State shall appoint , in such Manner as the Legislature thereof may direct , a Number of Electors ” to vote for president as a member of the Electoral College .
In the early days of the republic , @ @ @ @ @ @ @ that power in other state officials .
Today , every state allocates presidential electors by popular vote ( and all but Maine and Nebraska apportion them in winner-take-all fashion ) .
As far as the Constitution is concerned , there ’ s nothing to stop a state legislature from reclaiming that power for itself , at least prospectively .
Separately , a federal law , the Electoral Count Act of 1887 , provides that whenever a state “ has failed to make a choice ” in a presidential election , electors can be @ @ @ @ @ @ @ the legislature of such State may direct.
” But even so , there ’ s a more immediate obstacle : state law .
In the five states where Trump ’ s team hopes GOP-run statehouses will hand him a second term , the popular vote is enshrined in the state constitution , the state ’ s election code or both .
Consider Michigan , which Biden carried by nearly 158,000 votes .
The state ’ s election code specifies that the presidential electors “ who shall be considered elected are those whose names @ @ @ @ @ @ @ state by that political party receiving the greatest number of votes ” for president — the winner , that is , of the popular vote .
The Michigan Constitution grants qualified citizens “ the right , once registered , to vote a secret ballot in all elections , ” including “ in the election for president and vice-president of the United States.
” The two Michigan Republicans expected to meet with Trump on Friday , Senate Majority Leader Mike Shirkey and House Speaker Lee Chatfield , have expressed concerns about irregularities and potential @ @ @ @ @ @ @ pet subject of the president and his allies .
The Trump campaign and its supporters , however , have failed to substantiate their claims , despite papering state and federal courts with affidavits from GOP election observers and others who purport to have witnessed suspicious behavior or wrongdoing by election workers in Detroit , a Democratic stronghold with a sizable Black population .
Last Friday , one Michigan judge called affidavits submitted by Republican observers “ rife with speculation and guess-work about sinister motives ” of poll workers .
On Thursday , the @ @ @ @ @ @ @ had filed in the state , claiming — falsely , according to Michigan election officials — that the county election board for the Detroit area had declined to certify the county ’ s election result .
Yet — up till now , at least — both Shirkey and Chatfield have rejected the proposition that state legislators might intervene to supplant the will of Michigan voters .
“ That ’ s not going to happen , ” Shirkey told Bridge Michigan on Tuesday .
He noted that state law left up to the electorate @ @ @ @ @ @ @ 16 electoral votes .
Chatfield made a similar point in a statement on Nov. 6 , a few days after the election , though he gave it a Trump-y spin , calling for every “ legal vote ” to be counted , a phrase Trump and his allies have adopted to imply that there exist large numbers of illegal votes .
“ The candidate who wins the most of those votes will win Michigan ’ s electoral votes , just like it always has been , ” Chatfield said .
“ Nothing about @ @ @ @ @ @ @ Their counterparts in Pennsylvania , Wisconsin and Arizona have made similar statements .
Even if Trump were to change the Michigan lawmakers ’ minds on Friday , the Legislature can ’ t amend state law by fiat .
A constitutional amendment has to be itself ratified by popular vote , and if it ’ s introduced in the Legislature , it first has to pass both houses by supermajority margins .
The GOP possesses only a bare legislative majority in either house .
Amendments to the election code , meanwhile , are subject @ @ @ @ @ @ @ Michigan , that ’ s Democrat Gretchen Whitmer , a committed Trump antagonist who would inevitably veto any legislative attempt at the wholesale disenfranchisement of her constituents .
Without supermajorities , Republican legislators alone are impotent to override her veto .
Trump faces a similar dynamic in Wisconsin and Pennsylvania , both of which have Democratic governors and legislatures controlled by the GOP ( but not by enough to overcome a veto by the governor ) .
Only Arizona and Georgia have Republican-dominated statehouses and Republican governors .
Legislatures there have shown no @ @ @ @ @ @ @ s behalf .
Even if they went along with Trump ’ s plan , the president would still be 11 electoral votes shy of the 270 he needs to prevail over Biden .
In concurring and dissenting opinions during the run-up to Election Day , three Supreme Court justices appeared to hint at one way around the intervention of a Democratic governor .
Trump and his supporters have apparently taken the hint ; they ’ ve brought up the argument repeatedly in postelection litigation .
The justices , Brett Kavanaugh , Neil Gorsuch @ @ @ @ @ @ @ that the Constitution assigned to each state legislature the exclusive power to decide how to choose presidential electors , a power free from the constraints of state courts , election officials or even a governor ’ s veto power .
A version of this argument was rejected by the U.S. Supreme Court in 2015 , but two of the five justices in the majority , Ruth Bader Ginsburg and Anthony Kennedy , are no longer on the court .
( Other lawyers don ’ t go quite as far and argue that legislatures @ @ @ @ @ @ @ s constitutional lawmaking process , which preserves gubernatorial vetoes . )
Whether a legislature could step in after the fact , however , to take the choice away from its citizens is an open question , and in any event , legal scholars say it ’ s unlikely the high court would agree to change the rules after an election in a way that would flip its outcome .
Some are skeptical that Kavanaugh , Gorsuch and Alito intended to go as far as they seemed to in their concurrences and dissents .
@ @ @ @ @ @ @ to intervene quite assertively and resolve state law disputes between state courts or state elections officials on the one hand and state legislatures on the other , ” said Robert Yablon , a law professor at the University of Wisconsin .
“ That ’ s not a role federal courts normally play.
” One reason for Trump and his allies to seek to delay certification of state election results is that it could strengthen their hand as key deadlines set by federal law approach in early and mid-December .
The Electoral Count Act @ @ @ @ @ @ @ and pick electors even after its state has held a popular vote for president if the state “ has failed to make a choice.
” But according to a new law review article by Justin Levitt , an election law scholar at Loyola Law School , the Electoral Count Act , more clearly than the Constitution , means for the legislature to pick electors through its ordinary lawmaking processes — passing a bill that would require the governor ’ s signature before becoming law .
( The article will be published in the @ @ @ @ @ @ @ but has been posted to the Social Science Research Network , an online repository of scholarship . )
One result of the Trump campaign ’ s arguments is to leave state legislatures squeezed from both sides .
Reuters on Thursday reported that the Trump campaign believes state lawmakers will fear that a failure to act could set off a backlash among voters in their districts loyal to the president .
A Monmouth University poll released this week found that three-quarters of Trump supporters attribute Biden ’ s victory to fraud , despite the @ @ @ @ @ @ @ claim .
Even so , state lawmakers enter uncharted territory if they openly subvert the will of their constituents to prop up a candidate who was outvoted in their state .
The backlash against a naked power grab could well be far more profound than any backlash against a refusal to grab the election for an outgoing president .
Nobody knows .
That uncertainty is compounded by the fact that three state legislatures would have to intercede for Trump ’ s new stratagem to pay off .
The first to do so would @ @ @ @ @ @ @ to achieve nothing .

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
On Friday afternoon, President Donald Trump is set to hold a meeting at the White House with the Republican leaders of Michigan’s Senate and House of Representatives. It’s unclear what the president plans to discuss, but multiplepressreports suggest Trump, in a desperate bid to cling to power, has pinned his hopes on persuading GOP-controlled legislatures in battleground states that voted for Joe Biden to intervene and throw the election to him. That aspiration cropped up in the Trump campaign’s courtroom maneuverings this week. Legal papers filed with a federal court in central Pennsylvania (the campaign filed a draft version, apparently in error), showed that the campaign had contemplated — but ultimately decided against — asking the judge to order “the Pennsylvania General Assembly to choose Pennsylvania’s electors.”
Five states fit the description of battleground states with GOP-run legislatures that voted for Biden: Michigan, Wisconsin, Pennsylvania, Arizona and Georgia. It would be difficult to convince lawmakers to overturn the will of voters in even one state. For Trump to snatch victory from the jaws of defeat, he would need to pull that trick off in three states.
That’s a very tall order. There are steep political hurdles, starting with the fact that the two Michigan lawmakers visiting the White House on Friday have previously made statements rejecting legislative intervention. But even if those lawmakers waver or succumb to Trump’s arguments, as many Republicans have, there are legal impediments, and they’re almost certainly insurmountable.
Unlike the fevered cries of election fraud — which many lawyers in the Trump camp have undercut by acknowledging in court that they have no evidence of fraud — the Trump side’s legislature theory has some basis in fact. Article II of the U.S. Constitution holds that “each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” to vote for president as a member of the Electoral College. In the early days of the republic, some legislatures chose electors directly or vested that power in other state officials. Today, every state allocates presidential electors by popular vote (and all but Maine and Nebraska apportion them in winner-take-all fashion).
As far as the Constitution is concerned, there’s nothing to stop a state legislature from reclaiming that power for itself, at least prospectively. Separately, a federal law, the Electoral Count Act of 1887, provides that whenever a state “has failed to make a choice” in a presidential election, electors can be chosen “in such a manner as the legislature of such State may direct.”
But even so, there’s a more immediate obstacle: state law. In the five states where Trump’s team hopes GOP-run statehouses will hand him a second term, the popular vote is enshrined in the state constitution, the state’s election code or both.
Consider Michigan, which Biden carried by nearly 158,000 votes. The state’s election code specifies that the presidential electors “who shall be considered elected are those whose names have been certified to the secretary of state by that political party receiving the greatest number of votes” for president — the winner, that is, of the popular vote. The Michigan Constitution grants qualified citizens “the right, once registered, to vote a secret ballot in all elections,” including “in the election for president and vice-president of the United States.”
The two Michigan Republicans expected to meet with Trump on Friday, Senate Majority Leader Mike Shirkey and House Speaker Lee Chatfield, have expressed concerns about irregularities and potential fraud in the Michigan election, a pet subject of the president and his allies. The Trump campaign and its supporters, however, have failed to substantiate their claims, despite papering state and federal courts with affidavits from GOP election observers and others who purport to have witnessed suspicious behavior or wrongdoing by election workers in Detroit, a Democratic stronghold with a sizable Black population. Last Friday, one Michigan judge called affidavits submitted by Republican observers “rife with speculation and guess-work about sinister motives” of poll workers. On Thursday, the Trump campaign withdrew a federal lawsuit it had filed in the state, claiming — falsely, according to Michigan election officials — that the county election board for the Detroit area had declined to certify the county’s election result.
Yet — up till now, at least — both Shirkey and Chatfield have rejected the proposition that state legislators might intervene to supplant the will of Michigan voters. “That’s not going to happen,” Shirkey told Bridge Michigan on Tuesday. He noted that state law left up to the electorate who would receive the state’s 16 electoral votes. Chatfield made a similar point in a statement on Nov. 6, a few days after the election, though he gave it a Trump-y spin, calling for every “legal vote” to be counted, a phrase Trump and his allies have adopted to imply that there exist large numbers of illegal votes. “The candidate who wins the most of those votes will win Michigan’s electoral votes, just like it always has been,” Chatfield said. “Nothing about that process will change in 2020.” Their counterparts in Pennsylvania, Wisconsin and Arizona have made similar statements.
Even if Trump were to change the Michigan lawmakers’ minds on Friday, the Legislature can’t amend state law by fiat. A constitutional amendment has to be itself ratified by popular vote, and if it’s introduced in the Legislature, it first has to pass both houses by supermajority margins. The GOP possesses only a bare legislative majority in either house. Amendments to the election code, meanwhile, are subject to veto by the governor. In Michigan, that’s Democrat Gretchen Whitmer, a committed Trump antagonist who would inevitably veto any legislative attempt at the wholesale disenfranchisement of her constituents. Without supermajorities, Republican legislators alone are impotent to override her veto.
Trump faces a similar dynamic in Wisconsin and Pennsylvania, both of which have Democratic governors and legislatures controlled by the GOP (but not by enough to overcome a veto by the governor). Only Arizona and Georgia have Republican-dominated statehouses and Republican governors. Legislatures there have shown no particular inclination to intervene on Trump’s behalf. Even if they went along with Trump’s plan, the president would still be 11 electoral votes shy of the 270 he needs to prevail over Biden.
In concurring and dissenting opinions during the run-up to Election Day, three Supreme Court justices appeared to hint at one way around the intervention of a Democratic governor. Trump and his supporters have apparently taken the hint; they’ve brought up the argument repeatedly in postelection litigation. The justices, Brett Kavanaugh, Neil Gorsuch and Samuel Alito, seemed to argue that the Constitution assigned to each state legislature the exclusive power to decide how to choose presidential electors, a power free from the constraints of state courts, election officials or even a governor’s veto power. A version of this argument was rejected by the U.S. Supreme Court in 2015, but two of the five justices in the majority, Ruth Bader Ginsburg and Anthony Kennedy, are no longer on the court. (Other lawyers don’t go quite as far and argue that legislatures still have to follow their state’s constitutional lawmaking process, which preserves gubernatorial vetoes.)
Whether a legislature could step in after the fact, however, to take the choice away from its citizens is an open question, and in any event, legal scholars say it’s unlikely the high court would agree to change the rules after an election in a way that would flip its outcome. Some are skeptical that Kavanaugh, Gorsuch and Alito intended to go as far as they seemed to in their concurrences and dissents. Their approach “calls for federal courts to intervene quite assertively and resolve state law disputes between state courts or state elections officials on the one hand and state legislatures on the other,” said Robert Yablon, a law professor at the University of Wisconsin. “That’s not a role federal courts normally play.”
One reason for Trump and his allies to seek to delay certification of state election results is that it could strengthen their hand as key deadlines set by federal law approach in early and mid-December. The Electoral Count Act expressly authorizes the legislature to step in and pick electors even after its state has held a popular vote for president if the state “has failed to make a choice.” But according to a new law review article by Justin Levitt, an election law scholar at Loyola Law School, the Electoral Count Act, more clearly than the Constitution, means for the legislature to pick electors through its ordinary lawmaking processes — passing a bill that would require the governor’s signature before becoming law. (The article will be published in the New York University Law Review next year but has been posted to the Social Science Research Network, an online repository of scholarship.)
One result of the Trump campaign’s arguments is to leave state legislatures squeezed from both sides. Reuters on Thursday reported that the Trump campaign believes state lawmakers will fear that a failure to act could set off a backlash among voters in their districts loyal to the president. A Monmouth University poll released this week found that three-quarters of Trump supporters attribute Biden’s victory to fraud, despite the absence of any evidence to support this claim.
Even so, state lawmakers enter uncharted territory if they openly subvert the will of their constituents to prop up a candidate who was outvoted in their state. The backlash against a naked power grab could well be far more profound than any backlash against a refusal to grab the election for an outgoing president. Nobody knows. That uncertainty is compounded by the fact that three state legislatures would have to intercede for Trump’s new stratagem to pay off. The first to do so would put a lot at risk — potentially to achieve nothing.


crooksandliars--2020-11-20--Friday News Dump: Happy Birthday, President-Elect Biden -- And Other News

To soften the blow of defeat Fox 's Geraldo proposes naming the vaccine after Trump .
`` It would be @ @ @ @ @ and years from now it would become kind of a generic name .
Have you @ @ @ @ @ I got my trump , I 'm fine .
I wished we could honor him @ @ @ @ @ pic.twitter.com/fM8qwFhxF6

To soften the blow of defeat Fox's Geraldo proposes naming the vaccine after Trump. "It would be a nice gesture to him and years from now it would become kind of a generic name. Have you got your trump yet, I got my trump, I'm fine. I wished we could honor him in that way." pic.twitter.com/fM8qwFhxF6
— Josh Marshall (@joshtpm) November 20, 2020