OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.
1) Why, on their own merits, Trump's conduct requires conviction
2) Why Trump's defenses don't fly
3) The Senate can convict Trump even though he's out of office
And 27 pages - again, a whole brief by itself - on "ex-President"
They're pretty confident that they can get whatever R-votes are gettable on the basics; after all, those Senators lived through the Capitol assault, they know what's what. But ...
More from Akiva Cohen
\U0001f6a8BREAKING: Trump files new federal court lawsuit in Wisconsin challenging the results of the election.https://t.co/LfKb2PUIkq
— Marc E. Elias (@marceelias) December 3, 2020
Not, I hope, Seth Abramson long. But will see.
I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃
First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.
OK, #squidigation fans. This is a new Wisconsin case not filed by the Krake[n/d] team of Powell and Wood and NOT focusing on wild conspiracy theories. It's a competent and professional filing that raises things that would be real issues ... if you don't understand why they aren't https://t.co/ETvUiWV5du
— Akiva Cohen (@AkivaMCohen) December 1, 2020
If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)
Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
Every one of these Trump election suits is the same gobbledygook garbage barge:
— Liz Dye (@5DollarFeminist) December 3, 2020
FRAUD!
It coulda happened.
Well, no, we can't prove it.
But just to be safe, best let the gerrymandered legislature give us all the electoral votes!https://t.co/Z926668H05 pic.twitter.com/xGZsJKIO7Y
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
More from Culture
Here’s the summary overview:
First Sullivan: agent provocateur who is no more antifa/BLM than he is Proud Boy, with suspicious family ties to the security state (allegedly), who helps instigate and document the Jan 6 events leading to IC officials immediately demanding the removal of the incumbent regime...
The guy’s social media profile is all over the map. From Civil Liberties gun guy to Antifa activist. And who planned the Utah BLM event that ended in the bizarre car shooting. His feed since Jan has all led to the Cap Hill events, including the first of the Parlor call outs.
Okay so maybe the guy is just a confused burn-it-all-down nihilist. Possible, but then we might do a big think about how an unhinged political schizo gets hooked up with a filmmaker with a long-history of doing activist/journalism on behalf of Woke Imperialism...
If John Sullivan aka Jaydenx is the “Fake,” Jade Sacker, his accomplice, is the “Gay.” Here’s a few snapshots from her portfolio (https://t.co/YEO1CCsQn8)
The plight of Rohingya Muslims. The Kurds in Northern Syria. Trans Women in Cambodia. etc. Boiler plate globohomo
The level of vitriol in the replies is a new experience for me on here. I love Twitter, but this is the dark side of it.
Thread...
\u201cSlavery in this land was not merely an unfortunate thing that happened to black people. It was an American innovation, and American institution, created by and for the benefit of the elites of the dominant caste.\u201d @Isabelwilkerson
— Zach W. Lambert (@ZachWLambert) February 11, 2021
First, this quote is from a book which examines castes and slavery throughout history. Obviously Wilkerson isn’t claiming slavery was invented by America.
She says, “Slavery IN THIS LAND...” wasn’t happenstance. American chattel slavery was purposefully crafted and carried out.
That’s not a “hot take” or a fringe opinion. It’s a fact with which any reputable historian or scholar agrees.
Second, this is a perfect example of how nefarious folks operate here on Twitter...
J*mes Linds*y, P*ter Bogh*ssian and others like them purposefully misrepresent something (or just outright ignore what it actually says as they do in this case) and then feed it to their large, angry following so they will attack.
The attacks are rarely about ideas or beliefs, because purposefully misrepresenting someone’s argument prevents that from happening. Instead, the attacks are directed at the person.
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