Attention to the Unseen

CNN reports: A liberal group filed a lawsuit Tuesday to block former President Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment’s arcane “insurrectionist ban.” The cases are seen as legal long shots. Trump denies wrongdoing and has vowed to fight to remain on the presidential ballot. The new Minnesota lawsuit was filed in state court by Free Speech For People, one week after another group…

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Politico reports: Joe Biden has a literal Trump card to play against the House’s new impeachment inquiry. In January 2020, the Donald Trump-led Justice Department formally declared that impeachment inquiries by the House are invalid unless the chamber takes formal votes to authorize them. That opinion — issued by the Justice Department’s Office of Legal Counsel — came in response to then-House Speaker Nancy Pelosi’s decision to launch an impeachment inquiry into Trump without initially holding a vote for it….

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Noah Bookbinder and Donald K. Sherman write: Donald Trump currently faces four criminal prosecutions, a momentous and historic fact that can hardly be overstated. But a civil suit brought this week by six courageous residents of Colorado is another important step in the quest to preserve the viability of our democracy. The suit, filed on Sept. 6 in Colorado District Court by Republican and unaffiliated voters, seeks to compel Colorado’s secretary of state to bar Trump from the state’s ballot,…

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The New York Times reports: In a motion filed in Federal District Court in Washington, John F. Lauro, a lawyer for Mr. Trump, cited statements Judge Chutkan had made about the former president at hearings for two defendants facing sentencing for crimes they committed at the Capitol on Jan. 6, 2021. At one of the hearings, in October 2022, Judge Chutkan told the defendant, Christine Priola, a former occupational therapist in the Cleveland school system, that the people who “mobbed”…

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Politico reports: The fundamentals of the 2024 campaign are still taking shape, but one thing is already clear: A flurry of court actions might cost Republicans the House majority. In the past nine days, state and federal judges threw out two congressional maps — and helped Democrats avoid a worst-case scenario in Ohio — kicking off an unusually busy redistricting calendar heading into the election year. All told, a dozen or more seats across at least six states could be…

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Ronald Brownstein writes: The struggle over the sweeping red-state drive to roll back civil rights and liberties has primarily moved to the courts. Since 2021, Republican-controlled states have passed a swarm of laws to restrict voting rights, increase penalties for public protest, impose new restrictions on transgender youth, ban books, and limit what teachers, college professors, and employers can say about race, gender, and sexual orientation. Some states are even exploring options to potentially prosecute people who help women travel…

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The Washington Post reports: Investigate the investigator. That has been the operating thesis of the GOP’s playbook to counter the myriad criminal investigations into Donald Trump, the de facto leader of the Republican Party. Interrogating investigators’ methods and scruples is a strategy that has been utilized by both parties during tumultuous moments, and is a well-worn tool for lawmakers seeking to appease constituents hungry for the appearance of oversight on polarizing issues. The strategy has been effective in shaping public…

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NBC News reports: Former President Donald Trump asked to have a Colorado lawsuit aimed at kicking him off the 2024 ballot in the state moved to federal court. In a court filing on Thursday, lawyers for Trump argued the suit brought earlier this week by a group of six voters should be moved from state court to federal court because it centers on the 14th Amendment of the U.S. Constitution, which holds that no person shall hold any office if…

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Heidi Przybyla writes: The Supreme Court’s decision in the 2010 Citizens United case transformed the world of politics. It loosened restrictions on campaign spending and unleashed a flow of anonymous donor money to nonprofit groups run by political activists. In the months before the ruling dropped in January of that year, a group of conservative activists came together to create just such an organization. Its mission would be to, at the time, block then-President Barack Obama’s pet initiatives. The activists…

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Donald Ayer writes: Several distinguished individuals have recently expressed grave reservations about the prosecutions of former President Donald Trump. Notably, they appear to have no dispute about the seriousness of his wrongdoing. Rather, their main concern is that “terrible consequences” may result, because the prosecutions “may come to be seen as political trials … and play directly into the hands of Trump and his allies.” Although many Trump supporters will view the situation in just this way, any suggestion that…

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Dennis Aftergut and Austin Sarat write: MAGA Republicans in Wisconsin are gearing up to impeach newly elected state Supreme Court Justice Janet Protasiewicz, just five weeks after she took her seat on the court and before she has cast her first vote. They want to stop her from doing what the majority of Wisconsin voters elected her to do. Their plan is nothing less than a coup attempt, an effort to sideline a duly elected judge not because she has…

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Shirin Ali writes: A battle that’s long been brewing in Texas is finally coming to a head as the state’s attorney general, Ken Paxton, undergoes an impeachment trial for allegations of corruption, bribery, and abuse of power. It all started after Paxton demanded that $3.3 million in taxpayer money be used to settle a lawsuit against him. (Paxton has maintained his innocence and pleaded not guilty this week in his first hearing.) Paxton is a polarizing political figure, even beyond…

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CNN reports: A federal appeals court on Friday said the Biden administration likely violated the First Amendment in some of its communications with social media companies, but also narrowed a lower court judge’s order on the matter. The US 5th Circuit Court of Appeals ruled that certain administration officials – namely in the White House, the surgeon general, the US Centers for Disease Control and Prevention, and the Federal Bureau of Investigation – likely “coerced or significantly encouraged social media…

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Politico reports: The prosecution of former White House chief of staff Mark Meadows for attempting to overturn the 2020 election will remain in state court, a federal judge ruled Friday as he turned down Meadows’ bid to move the case to federal court. The decision, which Meadows is likely to appeal, is a victory for Fulton County District Attorney Fani Willis’ drive to bring former President Donald Trump, Meadows and 17 other defendants to trial under the state’s broad criminal…

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Thor Benson interviewed CREW President, Noah Bookbinder, to discuss whether Section 3 of the 14th Amendment disqualifies Trump from running for office: Thor Benson: There might be a legitimate constitutional argument here, but what do you say to people who say it’s anti-democratic? Noah Bookbinder: There’s a certain irony in the argument that it’s anti-democratic to take somebody off the ballot — that everybody should be able to vote for the candidate of their choice. What happened after the 2020…

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Politico reports: The Georgia district attorney at the heart of former President Donald Trump’s latest indictment on Thursday rebuked House Republicans’ investigation into her office, accusing them of blatantly trying to obstruct a criminal proceeding. Fulton County DA Fani Willis on Thursday sent a fiery letter to House Judiciary Chair Jim Jordan, responding to his decision to launch an investigation into the Georgia office just hours before Trump appeared in court late last month on charges related to interfering in…

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