Attention to the Unseen

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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The Associated Press reports: Concern for U.S. democracy amid deep national polarization has prompted the entities supporting 13 presidential libraries dating back to Herbert Hoover to call for a recommitment to the country’s bedrock principles, including the rule of law and respecting a diversity of beliefs. The statement released Thursday, the first time the libraries have joined to make such a public declaration, said Americans have a strong interest in supporting democratic movements and human rights around the world because…

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Citizens for Responsibility and Ethics in Washington: Having disqualified himself from public office by violating Section 3 of the 14th Amendment, Donald Trump must be removed from the ballot, according to a lawsuit filed today by six Republican and unaffiliated Colorado voters including former state, federal and local officials, represented by Citizens for Responsibility and Ethics in Washington and the firms Tierney Lawrence Stiles LLC, KBN Law, LLC and Olson Grimsley Kawanabe Hinchcliff & Murray LLC. Section 3 of the…

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Mark Joseph Stern writes: Alabama Republicans’ brash defiance of the Supreme Court hit a wall on Tuesday when a federal district court declared that the state’s new congressional maps discriminate against Black citizens in violation of the Voting Rights Act. The decision was entirely predictable given that GOP lawmakers have openly refused to draw districts that comply with the Supreme Court’s recent ruling against them. But the opinion is still remarkable for its caustic and exasperated criticism of the state’s…

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The New York Times reports: Wisconsin Democrats are aghast at what they view as another attempt by Republicans to reject the outcome of an election they lost. Many now privately concede that impeaching Justice Protasiewicz is a foregone conclusion. “They’re deliberately trying to overturn the will of the people,” said Sarah Godlewski, the Democratic secretary of state. “We have to understand the risk this is posing. It’s a potential reality that would put Wisconsin’s democracy in jeopardy.” The Democratic Party…

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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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