Attention to the Unseen

NBC News reports: Democratic Sen. Sheldon Whitehouse is demanding that Chief Justice John Roberts take action over an unusual interview conservative Justice Samuel Alito gave in which he questioned whether Congress has the power to impose ethics rules on the Supreme Court. Whitehouse’s complaint, submitted Monday, focuses on a July 28 interview published by The Wall Street Journal, conducted in part by conservative lawyer David Rivkin, in the wake of recent news articles raising questions about Supreme Court ethics. “No…

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Politico reports: The finger-pointing among Donald Trump’s inner circle has begun. And as his four criminal cases march toward trials, some of his aides, allies and co-defendants are pointing at the former president. In court documents and hearings, lawyers for people in Trump’s orbit — both high-level advisers and lesser known associates — are starting to reveal glimmers of a tried-and-true strategy in cases with many defendants: Portray yourself as a hapless pawn while piling blame on the apparent kingpin….

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The Daily Beast reports: Georgia prosecutors have filed racketeering charges against 61 people accused of involvement with “Stop Cop City,” a protest movement against a controversial Atlanta police training facility. The charges were filed last week, according to online court records. Charging documents were not immediately available on Tuesday morning. But the list of defendants suggests that the case implicates people who have already been arrested on tenuous evidence, like a legal observer who was jailed while monitoring protests, activists…

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CNN reports: The breach of the Coffee County elections office can seem almost out of place in the 97-page Georgia indictment of former President Donald Trump and associates. The sprawling racketeering allegations spread from centers of power with pressure on the vice president to ignore the Constitution, reported calls to secretaries of state to change vote counts, and the creation of slates of fake electors for Congress. They also include the invitation of a tech team to a non-public area…

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Politico reports: If Donald Trump wants to be on the ballot next year in all 50 states, he might first have to win an unprecedented courtroom battle over the “insurrection clause” of the 14th Amendment. Under a legal theory that’s gaining traction among Democrats and anti-Trump Republicans, that seldom-used clause arguably disqualifies Trump from ever holding office again due to his attempts to undermine the 2020 election and his role in stoking the attack on the Capitol on Jan. 6,…

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The Associated Press reports: More than a dozen people nationally have been charged with threatening election workers by a Justice Department unit trying to stem the tide of violent and graphic threats against people who count and secure the vote. Government employees are being bombarded with threats even in normally quiet periods between elections, secretaries of state and experts warn. Some point to former President Donald Trump and his allies repeatedly and falsely claiming the 2020 election was stolen and…

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Mother Jones reports: It was big news when Rudy Giuliani, once hailed as America’s Mayor, was indicted last month by a district attorney in Atlanta for allegedly being part of a criminal enterprise led by Donald Trump that sought to overturn the 2020 election results. Giuliani was back in headlines this week when he lost a defamation suit filed against him by two Georgia election workers whom he had falsely accused of ballot stuffing. Giuliani’s apparent impoverishment, caused by his…

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ABC News reports: Efforts to keep former President Donald Trump off the 2024 ballot under the 14th Amendment are gaining momentum as election officials in key states are preparing for or starting to respond to legal challenges to Trump’s candidacy. The argument to disqualify Trump from appearing on primary or general election ballots in 2024 boils down to Section 3 of the U.S. Constitution’s 14th Amendment, which states that an elected official is not eligible to assume public office if…

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CNN reports: Some of Donald Trump’s co-defendants in the sprawling election subversion case in Georgia are trying all sorts of ways to fund their mounting legal bills – yet the costs of the 2020 election fallout may quickly exceed their abilities to pay. At least four have turned to crowdfunding online, raising hundreds of thousands of dollars to pay for defense lawyers. One now has a political action committee to help with legal fees. Another has an ally in Congress…

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Donald Trump’s indictments bring new heat on the coup’s “team effort,” after new footage that first aired on “The Beat” showed Trump vet Roger Stone pushing the elector plot before all votes were in.   In accordance with Stone’s rules — “Admit nothing, deny everything…” he responded to Ari Melber’s report: Trump veteran Roger Stone replies to a report on the The Beat, and denies Cassidy Hutchison’s testimony under oath that Mark Meadows called him on January 5, 2021. pic.twitter.com/b9dLof2lsJ…

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The New York Times reports: Mr. Biggs recorded a podcast after the riot in which he declared that the attack on the Capitol was “a warning shot to the government.” Mr. Biggs’s contacts in the world of right-wing politics were never restricted solely to the Proud Boys. Like Mr. Tarrio, he has long had ties to Roger J. Stone Jr., one of Mr. Trump’s political advisers. He has also been involved at the edges of far-right disinformation campaigns like the…

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The Associated Press reports: Some Republicans in Washington and Georgia began attacking Fulton County District Attorney Fani Willis immediately after she announced the Aug. 14 indictment of former President Donald Trump for conspiring to overturn the 2020 presidential election results. But others, including Gov. Brian Kemp, have been conspicuous in their unwillingness to pile on. Kemp, who had previously survived scathing attacks from Trump over his refusal to endorse the former president’s false claims about the election, declined to comment…

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Judd Legum writes: North Carolina Supreme Court Justice Anita Earls is being threatened with sanctions for criticizing the court’s approach to racial and gender discrimination. Earls, the only Black woman on the court, is under investigation by the state’s Judicial Standards Commission, a body largely comprised of conservative judges appointed by North Carolina Chief Justice Paul Newby. On August 15, Earls received a letter from the Commission informing her that she was under investigation on suspicion that her comments to…

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Politico reports: The New Hampshire Attorney General’s Office is “carefully reviewing the legal issues involved” in a long-shot effort by some Republicans in the state to keep former President Donald Trump off the ballot in 2024, the office announced on Tuesday. Bryant “Corky” Messner — an attorney and prominent Republican who ran on Trump’s endorsement as the state’s 2020 U.S. Senate nominee — has publicly questioned Trump’s eligibility to run for president, citing Section 3 of the 14th Amendment. The…

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Liz Dye writes: Last year, Judge Aileen Cannon tried valiantly to derail the Justice Department’s investigation of Donald Trump’s retention of classified documents at his Florida country club. The unanimous conclusion among court watchers was that Judge Cannon, who was confirmed after Trump had already lost the 2020 election, put both thumbs and all eight fingers on the scale for the man who nominated her to the federal bench. She was only stopped by the intervention of the 11th Circuit,…

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David Frum writes: The Fourteenth Amendment won’t save us from Donald Trump. Eminent jurists are promising that it will. They argue that language in the Fourteenth Amendment, adopted after the Civil War, should debar the coup-plotting ex-president from appearing on a ballot for any office ever again. Their learning is undisputed. Their conclusions are another story. The project to disqualify Trump from running for president is misguided and dangerous. It won’t work. If it somehow could work, it would create…

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