Attention to the Unseen

The Washington Post reports: Since his indictment last month on charges of withholding classified documents, former president Donald Trump has publicly called special counsel Jack Smith “deranged” and a “psycho” and said he “looks like a crackhead.” In response, Smith and the federal judge overseeing his pending criminal trial have said … nothing. The prosecution of Trump, who is the first former president to face federal criminal charges and is also under an unrelated state indictment in New York, presents…

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Norman L. Eisen et al write: This model prosecution memorandum (or “pros memo”) assesses federal charges Special Counsel Jack Smith may bring against former President Donald Trump for alleged criminal interference in the 2020 election. The authors have decades of experience as federal prosecutors, criminal defense lawyers, and other legal expertise. We conclude that the evidence likely now meets Department of Justice standards to commence a prosecution. We base that conclusion upon a stream of recent disclosures in court filings…

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The Washington Post reports: Arizona’s top prosecutor is ramping up a criminal investigation into alleged attempts by Republicans to overturn the 2020 presidential election results in the state by signing and transmitting paperwork falsely declaring Donald Trump the winner, according to two people familiar with the investigation. Arizona Attorney General Kris Mayes (D) assigned a team of prosecutors to the case in May, and investigators have contacted many of the pro-Trump electors and their lawyers, according to the two people…

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ProPublica reports: On March 15, 2022, an email appeared in the inbox of the election director of Forsyth County, Georgia, with the subject line “Challenge of Elector’s Eligibility.” A spreadsheet attached to the email identified 13 people allegedly registered to vote at P.O. boxes in Forsyth County, a wealthy Republican suburb north of Atlanta. Georgians are supposed to register at residential addresses, except in special circumstances. “Please consider this my request that a hearing be held to determine these voters’…

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The Daily Beast reports: Democrats on the House Oversight Committee called for an investigation on Wednesday into whether the committee’s Republicans relied on falsehoods and misinformation provided by Gal Luft, a supposed “whistleblower” in the Biden family probe who has been charged with being an unregistered foreign agent for China and lying to investigators. In a letter to House Oversight Committee Chairman James Comer (R-KY), Ranking Member Jamie Raskin (D0MAD) and Rep. Dan Goldman (D-NY) brought up the laundry list…

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The New York Times reports: Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided. The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the…

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The Associated Press reports: For colleges and libraries seeking a boldfaced name for a guest lecturer, few come bigger than Sonia Sotomayor, the Supreme Court justice who rose from poverty in the Bronx to the nation’s highest court. She has benefited, too — from schools’ purchases of hundreds, sometimes thousands, of the books she has written over the years. Sotomayor’s staff has often prodded public institutions that have hosted the justice to buy her memoir or children’s books, works that…

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The Messenger reports: One of the witnesses trumpeted by House Republicans as a whistle-blower in the Hunter Biden laptop probe acted as an illegal foreign agent for China, federal prosecutors alleged in a criminal indictment unsealed on Monday. Gal Luft, a U.S.-Israeli citizen and co-head of the Institute for the Analysis of Global Security, a Maryland-based think tank, also stands accused of arms trafficking and sanctions violations by brokering the sale of Chinese-made weapons and Iranian oil to China, according…

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The New York Times reports: On Oct. 15, 1991, Clarence Thomas secured his seat on the Supreme Court, a narrow victory after a bruising confirmation fight that left him isolated and disillusioned. Within months, the new justice enjoyed a far-warmer acceptance to a second exclusive club: the Horatio Alger Association of Distinguished Americans, named for the Gilded Age author whose rags-to-riches novels represented an aspirational version of Justice Thomas’s own bootstraps origin story. If Justice Thomas’s life had unfolded as…

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Politico reports: Over the past year and a half, eight Republican-led states quit a nonpartisan program designed to keep voter rolls accurate and up to date. Top Republican election officials in those states publicly argued the program was mismanaged. The conspiracy theorists who cheered them on falsely insisted it was a front for liberals to take control of elections. But experts say the program, known as the Electronic Registration Information Center, was among the best nationwide tool states had to…

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The Washington Post reports: Individual prosecutors involved in the classified documents case against former president Donald Trump are facing substantial harassment and threats online and elsewhere, according to extremism experts and a government official familiar with the matter. At the same time, two officials said, federal agencies have not observed a general increase in threats against law enforcement in the weeks since Trump was indicted in South Florida — a sharp contrast from the surge of violent rhetoric in the…

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Politico reports: A federal judge on Monday blocked a new Florida election law pushed by Republicans that puts restrictions on voter registration groups, calling it “Florida’s latest assault on the right to vote.” U.S. Chief District Judge Mark Walker granted a preliminary injunction against the law just days after it went into effect. Walker is an appointee of former President Barack Obama who has repeatedly ruled against the state in past legal challenges to election measures put in place by…

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Jonathan Chait writes: The Republican Party has been in desperate need of a pragmatic leader who can gauge public opinion, shrewdly husband political capital, and advance the party’s agenda in sustainable ways. That leader has materialized in the form of John Roberts. The chief justice of the United States is attempting to navigate the disjuncture between voters, who on the whole are sharply divided but have slightly favored Democrats, and the power Republicans have accumulated through the Supreme Court, which is quasi-permanent…

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