Attention to the Unseen

Politico reports: The House on Friday passed a landmark bill that would remove federal penalties on marijuana and erase cannabis-related criminal records. The bill passed by a vote of 228-164, with several Republicans on board. While the MORE Act is not expected to come up in the Senate this year, and likely won’t in the next session of Congress either, its passage nevertheless marks a monumental step in marijuana policy. “We’ve been patient for years on this,” said Rep. Earl…

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The Associated Press reports: The official serving as President Donald Trump’s eyes and ears at the Justice Department has been banned from the building after trying to pressure staffers to give up sensitive information about election fraud and other matters she could relay to the White House, three people familiar with the matter tell The Associated Press. Heidi Stirrup, an ally of top Trump adviser Stephen Miller, was quietly installed at the Justice Department as a White House liaison a…

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The Washington Post reports: After nearly two decades without any federal executions, the Justice Department reversed course this summer by carrying out three death sentences in four days. Now the department is planning a similarly busy schedule of executions during the Trump administration’s final days, before a president who staunchly backs capital punishment is succeeded by one who opposes it. The Justice Department’s push to carry out executions during the run-up to President-elect Joe Biden’s inauguration — including scheduling three…

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Neal K. Katyal writes: Attorney General William Barr’s decision on Tuesday to name John Durham, the U.S. attorney for the District of Connecticut appointed by President Trump, as special counsel to investigate matters surrounding the 2016 election violates the rules for special counsels as well as fundamental democratic principles. There may be reasons the inquiry by Mr. Durham — an investigation that began in 2019 into the Trump-Russia inquiry — should continue, but there is absolutely no reason to permit…

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Peter Stone writes: In his frenzied crusade to help President Donald Trump overturn the 2020 election result, Rudy Giuliani has displayed many of the characteristics that Trump has long demanded in his personal lawyers—albeit with more surreal and comedic elements. Giuliani has shown unswerving loyalty, gleefully obfuscated facts, launched wild attacks on the media, hosted circus-style press conferences, and gone to court, all in a fruitless, evidence-free quest to persuade several states to block Joe Biden’s electoral victories. But that…

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The Associated Press reports: Disputing President Donald Trump’s persistent, baseless claims, Attorney General William Barr declared Tuesday the U.S. Justice Department has uncovered no evidence of widespread voter fraud that could change the outcome of the 2020 election. Barr’s comments, in an interview with the The Associated Press, contradict the concerted effort by Trump, his boss, to subvert the results of last month’s voting and block President-elect Joe Biden from taking his place in the White House. Barr told the…

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CNN reports: The Justice Department is investigating a potential crime related to funneling money to the White House or related political committee in exchange for a presidential pardon, according to court records unsealed Tuesday in federal court. The case is the latest legal twist in the waning days of President Donald Trump’s administration after several of his top advisers have been convicted of federal criminal charges and as the possibility rises of Trump giving pardons to those who’ve been loyal…

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Politico reports: A federal appeals court panel forcefully rejected the Trump campaign’s effort to throw out millions of Pennsylvania ballots, declaring its allegations of misconduct meritless and its suggested remedies as “breathtaking” and undercut by a lack of evidence. “Voters, not lawyers, choose the President. Ballots, not briefs, decide elections,” Judge Stephanos Bibas — an appointee of President Donald Trump — wrote for the three-judge 3rd Circuit Court of Appeals panel composed entirely of GOP appointees. Bibas’ opinion, delivered just…

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Bloomberg reports: Pennsylvania Governor Tom Wolf and other state officials assailed a Pittsburgh judge for issuing what they described as an unprecedented order halting additional steps in the certification of President-elect Joe Biden’s election victory. “Since the birth of our nation nearly 250 years ago, no court has ever issued an order purporting to interfere with a state’s ascertainment of its presidential electors — until today,” state officials said in an appeal filed shortly after Commonwealth Court Judge Patricia McCullough’s…

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Politico reports: Outgoing President Donald Trump pardoned his former national security adviser Michael Flynn on Wednesday for lying to FBI agents investigating Russian interference in the 2016 election. “It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon,” the president tweeted. “Congratulations to @GenFlynn and his wonderful family, I know you will now have a truly fantastic Thanksgiving!” Trump’s move is an extraordinary intervention on behalf of an ally who pleaded guilty…

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Philip Allen Lacovara writes: After the final tumultuous months of the Nixon presidency, Gerald R. Ford decided to end the “long national nightmare” that was Watergate by pardoning his predecessor, thus sparing Richard M. Nixon from the dock where his senior aides awaited trial. Because I considered Ford’s pardon a serious mistake, I resigned in protest as the counsel to the Watergate special prosecutor. I hope that when President-elect Joe Biden assumes office, he will not repeat the same mistake….

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Eric L. Muller writes: As Donald Trump’s tenure in office comes in for its landing, a major question is whether the president—facing questions about liability for offenses including bank and tax fraud—can pardon himself. This might seem like the right operational question, but it is imprecise as a constitutional one. Article II of the Constitution says that the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Did you…

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Andrew Weissmann writes: When the Biden administration takes office in 2021, it will face a unique, fraught decision: Should Donald Trump be criminally investigated and prosecuted? Any renewed investigative activity or a criminal prosecution would further divide the country and stoke claims that the Justice Department was merely exacting revenge. An investigation and trial would be a spectacle that would surely consume the administration’s energy. But as painful and hard as it may be for the country, I believe the…

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Law & Crime reports: The Trump campaign cannot block certification of Pennsylvania’s election results, which made Joe Biden President-elect of the United States, based on nothing more than “strained legal arguments without merit and speculative accusation,” a federal judge ruled in a blistering opinion on Saturday night. “In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters,” U.S. District Judge Matthew Brann wrote in a 37-page opinion. “This Court has been unable to find any case in…

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Law & Crime reports: A federal judge appointed by President Donald Trump rejected what he called a “creative” lawsuit on Thursday. It was a suit that Georgia’s assistant attorney general warned would cause the Peach State’s largest disenfranchisement since the Jim Crow era. “To halt the certification at literally the 11th hour would breed confusion and disenfranchisement that I find have no basis in fact and law,” U.S. District Judge Steven Grimberg declared at the end of a roughly two-and-a-half…

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