Attention to the Unseen

Adam Klasfeld writes: Outgoing President Donald Trump and his soon-to-be-former Vice President Mike Pence’s attempt to invalidate Wisconsin’s vote in only Milwaukee and Dane Counties appears to be racially motivated, two of the state’s Supreme Court justice remarked in a brutal Saturday hearing for the lame duck president. Trump’s attorney, James Troupis, had barely begun to address the high court when Justice Jill Karofsky noted that the attack focused on the two counties with the state’s largest number of Black…

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The Washington Post reports: They are both elected and appointed, selected by Democrats and Republicans alike. Some have served for decades — while others took the bench only months ago. One is a former high school teacher, another the first Native American woman appointed to a federal judgeship. A third worked for years for a Republican governor who has been a vocal supporter of President Trump. Since the November election, they have all ruled in court against Trump or one…

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Politico reports: Minority Leader Kevin McCarthy this week joined 125 House GOP colleagues in support of an effort to subvert the presidential election. Most Senate Republicans weren’t going anywhere near it. Not a single GOP senator signed a “friend of the court” brief for the long-shot Texas lawsuit to throw out other states’ results in a bid to keep President Donald Trump in power. And there was no coordinated effort to get Republicans on board, according to interviews with more…

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The New York Times reports: In the hours before the Supreme Court rejected it, another 20 House Republicans — including their top leader — joined a legal brief on Friday supporting an extraordinary lawsuit seeking to overturn President-elect Joseph R. Biden Jr.’s victory, underscoring the increasingly extreme lengths to which many in the party are willing to go to invalidate the election results. The Supreme Court on Friday rejected the suit brought by Texas to throw out the results in…

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The New York Times reports: State prosecutors in Manhattan have interviewed several employees of President Trump’s bank and insurance broker in recent weeks, according to people with knowledge of the matter, significantly escalating an investigation into the president that he is powerless to stop. The interviews with people who work for the lender, Deutsche Bank, and the insurance brokerage, Aon, are the latest indication that once Mr. Trump leaves office, he still faces the potential threat of criminal charges that…

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Politico reports: Officials from four presidential swing states forcefully criticized an effort by Texas and President Donald Trump to enlist the Supreme Court to overturn Joe Biden’s victory in the presidential election, with Pennsylvania calling the last-ditch legal effort “seditious” and built on an “absurd” foundation. “The Court should not abide this seditious abuse of the judicial process, and should send a clear and unmistakable signal that such abuse must never be replicated,” Pennsylvania said in a 43-page brief signed…

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CNN reports: President Donald Trump asked the Supreme Court on Wednesday to block millions of votes from four battleground states that voted for President-elect Joe Biden. Trump’s request came in a filing with the court asking to intervene in a lawsuit brought by Texas Attorney General Ken Paxton seeking to invalidate millions of votes cast in Georgia, Michigan, Pennsylvania and Wisconsin. The President is being represented by a new attorney, John Eastman, who is known for recently pushing a racist…

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Steve Vladeck writes: For all of the (many) lawsuits that President Donald Trump and his supporters have filed challenging the 2020 election results, the new winner for hubris and cynicism may be the action that the state of Texas filed directly in the Supreme Court late Monday night, asking the justices to throw out the results in four (but only four) battleground states: Georgia, Michigan, Pennsylvania and Wisconsin. So far, 17 states have filed motions backing the Texas attorney general,…

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CBS News reports: A federal judge on Friday ordered the Trump administration to fully restore an Obama-era initiative that protects undocumented immigrants brought to the U.S. as children from deportation, requiring officials to open the program to new applicants for the first time since 2017. Judge Nicholas Garaufis of the U.S. District Court in Brooklyn instructed the U.S. Department of Homeland Security to post a public notice by Monday that states the department will accept and adjudicate Deferred Action for…

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Benjamin Wittes writes: How should the next attorney general, whoever he or she turns out to be, handle the John Durham probe? The more I study what Attorney General Bill Barr did in his secret October order naming the Connecticut U.S. attorney as a special counsel, the more devilishly clever it seems—and the bigger the pickle it creates for Barr’s successor. This, presumably, is Barr’s intention. Untangling this knot is going to take no small amount of diplomacy, lawyering and…

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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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