Attention to the Unseen

Josh Chafetz writes: Although the Supreme Court has been deciding cases at a glacial pace this term — and that with an almost comically small docket of only 59 merits cases — the justices have found other ways to keep busy. They have been spinning their ethical lapses (Justice Clarence Thomas), blowing off congressional oversight (Chief Justice John Roberts), giving interviews whining about public criticism (Justice Samuel Alito) and presenting awards to one another (Justice Elena Kagan to Mr. Roberts). In the cases it has decided, the Supreme Court has gutted an important provision…

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The Guardian reports: Donald Trump’s legal team for months has weathered deep distrust and interpersonal conflict that could undermine its defense of the former president as the criminal investigation into his handling of classified documents and obstruction of justice at Mar-a-Lago nears its conclusion. The turmoil inside the legal team only exploded into public view when one of the top lawyers, Tim Parlatore, abruptly resigned two weeks ago from the representation citing irreconcilable differences with Trump’s senior adviser and in-house…

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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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