Attention to the Unseen

Richard L. Hasen and Dahlia Lithwick write: It was impossible to listen to oral arguments this past Supreme Court term without being struck by the way this court’s conservative supermajority views the 14th Amendment. According to these justices, the key Reconstruction-era amendment was intended merely to promote a theory of “color blindness”—in which race is simply ignored—not to actively lift Black people from a previously subjugated status following the end of slavery. Indeed, the newest justice, Ketanji Brown Jackson, made headlines…

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CNN reports: Federal prosecutors have obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything. The recording indicates Trump understood he retained classified material after leaving the White House, according to multiple sources familiar with the investigation. On the recording, Trump’s comments suggest he would like to share the information…

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The Washington Post reports: A Mar-a-Lago employee who helped move boxes of documents last June has been questioned about his conduct weeks later related to a government demand for surveillance footage from Donald Trump’s property, according to a person familiar with the federal probe of the former president’s handling of classified material. The employee’s actions in June and July have caught the attention of special counsel Jack Smith’s investigators as they try to determine whether Trump or people close to…

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David A. Graham writes: An old truism says that logistics wins wars—a recognition that outcomes on the battlefield are a result of the systems that underpin the military. Similarly, the still-mushrooming fiasco of Jack Teixeira’s disclosure of national secrets is not just about a single service member or incident, but a cascading failure of systems within the armed services. Teixeira, who was arrested in April, is accused of using his position in the Massachusetts Air National Guard to share top-secret…

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Rolling Stone reports: Donald Trump just needs a few names. In recent months, the former president has asked close advisers, including at least one of his personal attorneys, if “we know” all the names of senior FBI agents and Justice Department personnel who have worked on the federal probes into him. That’s according to two sources with direct knowledge of the matter and another person briefed on it. Trump has then privately discussed that should he return to the White…

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Juliette Kayyem writes: As Judge Amit Mehta sentenced Stewart Rhodes yesterday to 18 years in prison—the longest yet for a defendant involved in the January 6 insurrection—he explained why the leader of the far-right group the Oath Keepers needed to be behind bars for a long time. “You pose an ongoing threat and peril to our democracy and the fabric of this country,” Mehta told Rhodes. Mehta was right about that. At his sentencing, Rhodes was unrepentant. In a 20-minute…

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The Washington Post reports: Two of Donald Trump’s employees moved boxes of papers the day before FBI agents and a prosecutor visited the former president’s Florida home to retrieve classified documents in response to a subpoena — timing that investigators have come to view as suspicious and an indication of possible obstruction, according to people familiar with the matter. Trump and his aides also allegedly carried out a “dress rehearsal” for moving sensitive papers even before his office received the…

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Norm Ornstein writes: The crisis in legitimacy in American political institutions is palpable. Radical partisan and racial gerrymandering have undermined confidence in legislatures across the country—and contributed to outrages like the expulsion of Black lawmakers in Tennessee. Radical district judges in Texas have abused their authority in order to attempt to force nationwide bans on an abortion medication and on critical parts of the Affordable Care Act. But nowhere is the challenge greater than in the United States Supreme Court. Over the past couple of months, astonishing…

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Mother Jones reports: The Texas legislature passed a series of bills on Monday that amounted to a sweeping power grab giving Republicans more control over how elections are run and administered in the state’s most populous Democratic county, which includes the city of Houston and is home to nearly 5 million people. One bill would allow the secretary of state, who is appointed by the state’s Republican governor, Greg Abbott, to remove local election officials for “good cause” based on…

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Mark Joseph Stern writes: Congress has regulated the Supreme Court for as long as the two institutions have existed. For more than a century, Congress compelled justices to travel around the country to serve as appellate judges, often on horseback. It forced the court to hear certain cases and denied it the ability to hear others. It added and subtracted seats, increased and decreased its budget, and postponed a term to avoid an adverse decision. According to attorneys for billionaire and GOP mega-donor Harlan Crow, however, there is one thing…

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