Activist Judges!

Friday Evening Open Thread: Hopefully, Leonard Leo Will Be Going Through Some Things

by Anne Laurie| December 1, 20236:04 pm| 136 Comments

This post is in: Activist Judges!, Open Threads, Proud to Be A Democrat, Republican Venality

BREAKING:

The Senate Judiciary Committee has just voted to approve subpoenas for conservative activist Leonard Leo and GOP megadonor Harlan Crow in its Supreme Court ethics probe.

— Kyle Griffin (@kylegriffin1) November 30, 2023

I feel like this development got overlooked yesterday, in the general news barrage. Per Huffpost, “Senate Judiciary Committee Approves Subpoenas In Supreme Court Ethics Probe”:

After a combative two-hour hearing, the Senate judiciary committee on Thursday approved subpoenas to compel the appearance of billionaire Republican donor Harlan Crow and conservative legal activist Leonard Leo.

Sen. Dick Durbin (D-Ill.), the chairman, bypassed 177 amendments filed by Republicans and abruptly held the vote in response to a last-minute GOP effort to thwart the entire process. Every Republican walked out of the hearing as soon as the vote began. The final tally was 11 Democrats voting yes to the subpoenas, no Republicans voting at all.

Crow, a Texas real estate magnate, became the focus of scrutiny after reports by ProPublica revealed that Justice Clarence Thomas did not disclose millions of dollars in gifts Crow gave him in the form of luxury travel and accommodation, real estate purchases and private school tuition for years. Leo, the architect of the conservative takeover of the Supreme Court, also found himself in the spotlight after a ProPublica report showed that he helped arrange an expensive trip, paid for by another conservative billionaire, that Justice Samuel Alito failed to disclose.

Durbin previously sent letters to Crow and Leo asking them to voluntarily appear before the committee for questioning. But both declined, claiming that the separation of powers somehow inoculated them, despite being private citizens, from having to appear before Congress. Their refusals prompted Durbin to pursue subpoenas…

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The subpoenas are part of an investigation by the committee into the Supreme Court’s failure to adopt a binding and enforceable ethics code that would prevent violations like those committed by Thomas and Alito. Durbin, along with Sen. Sheldon Whitehouse (D-R.I.), sponsored legislation to impose such a code on the court…

An attempt to approve the subpoenas for Crow and Leo on Nov. 9 ended after Republicans introduced 88 amendments that covered everything from immigration to subpoenaing the private flight records of the late financier and sex offender Jeffrey Epstein.

Senate Majority Leader Chuck Schumer (D-N.Y.) said the committee’s action was an “important step” in ensuring accountability for Leo and Crow, “who have both used their power and wealth to gain undisclosed access to Supreme Court Justices.”

“Having these very same billionaires who are pushing cases through the Court have the ability to travel in jets and go to resorts and buy them gifts ― it’s just outrageous,” Schumer said on the Senate floor. “Today, Senate Democrats are taking action to look under the hood and make sure we increase transparency, which these subpoenas would do.”

The fact the Repubs are willing to beclown themselves to this extent shows just *how* dangerous such an investigation will be for their whole corrupt enterprise. There will, of course, be endless legal delays along the way… which is one more excellent reason to make sure President Biden is still in the Oval Office next February…

The Senate Judiciary Committee investigating Supreme Court ethics votes to authorize subpoenas of Clarence Thomas benefactor Harlan Crow and Federalist Society co-chair Leonard Leo as Republicans walk out in protest. pic.twitter.com/Smix3Rsscs

— Keith Boykin (@keithboykin) November 30, 2023

NEW: Dems on the Senate Judiciary just suspended the rules that would have allowed Republicans to procedurally drown subpoenas for Leonard Leo and Harlan Crow with amendments. All republicans walked out. Dems voted to subpoena Crow and Leo. EXCELLENT.

— Mueller, She Wrote (@MuellerSheWrote) November 30, 2023

Senate panel subpoenas Harlan Crow, Leonard Leo in SCOTUS ethics probe
It’s about time!
Clarence Thomas is most corrupt justice ever
He must be held accountable
Congress must pass Ethics Code for top court at once
It’s urgent#ProudBlue #DemVoice1 #Fresh https://t.co/WZfdKJchSj pic.twitter.com/bBvATwJywG

— warren swil (@warrenswil) December 1, 2023

Friday Evening Open Thread: Hopefully, Leonard Leo Will Be Going Through Some ThingsPost + Comments (136)

Open Thread: Scrutinizing SC(R)OTUS

by Anne Laurie| November 19, 20236:14 pm| 52 Comments

This post is in: Activist Judges!, Open Threads, Proud to Be A Democrat, Republican Venality

(Clay Jones via GoComics.com)

The Supreme Court (Republican) of the United States. Justice Thomas rightly earns the most media opprobrium, but the Scandalous Six are all a disgrace to their (stolen) robes.

our new ethics code is that we probably should obey the law sometimes, unless we don’t want to

— flglmn (@flglmn) November 14, 2023

But the federal recusal statute already provides that “[a]ny justice . . . *shall* disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” Are they just going to keep ignoring federal law?

— Alex Aronson (@alexaronson) November 13, 2023

Words, words, words. Senator Sheldon Whitehouse (D – RI) is not impressed:

Let’s take a look at some of the tweaks the Supreme Court made to the lower courts’ code of conduct. Swapping out “judge” for “justice” makes perfect sense, but a few of these edits ought to raise eyebrows.

Here’s the “no ratting out your colleagues” switch: pic.twitter.com/OeUFHAeE8F

— Sheldon Whitehouse (@SenWhitehouse) November 16, 2023

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Open Thread: Scrutinizing SC(R)OTUSPost + Comments (52)

Ok So Maybe We Might Need An Ethics Code

by John Cole| November 13, 20239:48 pm| 53 Comments

This post is in: Activist Judges!

The frauds at the Supreme Court have decided maybe congress was right and although we still completely disagree they have any authority over us we will make a tidy little code of ethics:

The Supreme Court on Monday adopted its first code of ethics, in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices, but the code lacks a means of enforcement.

The policy, agreed to by all nine justices, does not appear to impose any significant new requirements and leaves compliance entirely to each justice.

Indeed, the justices said they have long adhered to ethics standards and suggested that criticism of the court over ethics was the product of misunderstanding, rather than any missteps by the justices.

So it’s voluntary and lacks enforcement and up to scouts honor. It’s fucking insulting is what it is. They gotta be caught with gold bars- oh, wait, that wouldn’t matter, either, now, would it?

Back to Game of Thrones-rewatching has been as much fun the first time through, and in some ways better.

Ok So Maybe We Might Need An Ethics CodePost + Comments (53)

TGIFriday Morning Open Thread: A Good Week’s Work

by Anne Laurie| November 10, 20237:40 am| 184 Comments

This post is in: Activist Judges!, Biden Administration in Action, President Biden, Proud to Be A Democrat

(Jack Ohman via GoComics.com)

At Chicago fundraiser, Biden calls Trump a nickname again — says only two presidents in US history with fewer jobs the day they left office than when they came in. Hoover and “Donald Hoover Trump.”

— Jennifer Jacobs (@JenniferJJacobs) November 9, 2023

—

President Biden trades his suit jacket for a UAW T-shirt ahead of remarks to union workers in Illinois. pic.twitter.com/27ukL4Mh8H

— The Recount (@therecount) November 9, 2023

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Biden: When my predecessor, the distinguished— anyway… , I stood and others stood with you shoulder-to-shoulder on the picket line my predecessor went to a nonunion shop and attacked you. pic.twitter.com/jDOh7ouqNB

— Acyn (@Acyn) November 9, 2023

What saved the Stellantis plant in Belvidere, Illinois was UAW workers all over the country willing to do whatever it takes, UAW’s Shawn Fain says at Biden event.

“We the workers have the power to shut this economy down if it doesn't work for the working class,” Fain said. pic.twitter.com/tZXBxSz9Zc

— Jennifer Jacobs (@JenniferJJacobs) November 9, 2023

"These deals are game changers, not only for UAW workers, but for all workers in America. Just ask the folks at @Toyota, which last week announced it would significantly, finally increase wages for their workers. They had no choice because of what you did,” Biden at UAW event pic.twitter.com/K40TKhCuyc

— Jennifer Jacobs (@JenniferJJacobs) November 9, 2023

—

Joe Biden has confirmed 150 people to lifetime seats on federal courts.

100 of them are women. https://t.co/TnFCqpuWbg

— Jennifer Bendery (@jbendery) November 8, 2023

Fact: We have 150 confirmed federal judges because a 90 year old Senator fought for a future she wouldn’t see. pic.twitter.com/H9ivXXGPsa

— OG of the HRC (@OGoftheHRC) November 8, 2023

Senate Majority Leader Chuck Schumer (D-NY) celebrated the milestone of the Senate having confirmed 50 Black judges to the federal bench under President Biden.https://t.co/6POB91p5WN

— PoliticusUSA (@politicususa) November 9, 2023

We need another term to keep reversing the damage Trump did. We can have a better country, but a better country needs better courts: https://t.co/KidhmQLi0y

— Clean Observer (@Hammbear2024) November 8, 2023

—-

Speaking of good union jobs… ICYMI:

After 118 days of the actors guild being out on strike, SAG-AFTRA and the studios have reached a tentative deal on a new contract that could see Hollywood up and running again within weeks https://t.co/d44ZKl4n6o pic.twitter.com/JykzRUhhH8

— Deadline Hollywood (@DEADLINE) November 9, 2023

(John Deering via GoComics.com)

TGIFriday Morning Open Thread: A Good Week’s WorkPost + Comments (184)

Open Thread: In Other News…

by Anne Laurie| October 22, 20231:41 am| 89 Comments

This post is in: Activist Judges!, Foreign Affairs, Open Threads, Republican Venality

Random stuff, because we’ve all been consumed with overarching themes this week:

Douglass Mackey, the man “on trial for memes,” was sentenced to seven months in prison Wednesday for his efforts to trick Hillary Clinton voters into staying home on Election Day in 2016. @NikaSchoonover https://t.co/0u8YsjmGdG

— Courthouse News (@CourthouseNews) October 18, 2023

Could not happen to a more deserving ratf*cker:

… Mackey was convicted on a single count of conspiring with others to interfere in the 2016 presidential election after he shared from his far-right Twitter account phony advertisements that encouraged Clinton supporters to vote via text message.

“Avoid the line. Vote from home,” one meme says. “Text ‘Hillary’ to 59925.”

U.S. District Judge Ann M. Donnelly handed down the sentence, calling the conspiracy “nothing short of an assault on our democracy.”

Mackey was also a member of private direct-message groups on X, formerly Twitter, where he discussed and agreed with others on how to disseminate messages “intended variously to provoke, mislead, and, in some cases, deceive voters in the 2016 presidential election,” prosecutors said in a sentencing memo…

In these plans, the group specifically agreed on a plan to distribute a series of images intended to look like official announcements from the Hillary Clinton campaign advising supporters they could cast a valid vote by including a particular hashtag on a social media post or sending an SMS text message to a number provided on the images.

Prosecutors also said Clinton’s campaign, after observing the fraudulent advertisements spread online, warned the company that owned the provided text code about the scheme.

“As a result, the company put in place an automatic response that would be sent to anyone attempting to cast a vote by text, advising the texter that the code was not in fact associated with the Clinton campaign,” prosecutors said…

He also received public support from powerful conservative figures including U.S. Representative Marjorie Taylor Greene and Fox News host Tucker Carlson, who called his prosecution a political move and First Amendment threat.

Mackey will also serve two years of supervised probation once he’s released from prison.

May this serve as a warning, as the 2024 campaign ramps up.

======
Good news for our judicial system:

The Senate just unanimously agreed to fill committee slots vacated by Dianne Feinstein. Perhaps most significant: @LaphonzaB fills the empty Judiciary Committee slot and Democrats regain their majority on a key panel. Biden’s judicial nominees can now move without GOP support. https://t.co/LP7iCHupDX

— Sahil Kapur (@sahilkapur) October 18, 2023

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Not that I’m complaining, this is what they should do. But lets not forget a lot of why Feinstein got wheeled around like she did was because they threatened not to replace her.

— Fleet (now on BlueSky) (@fleetadmiralj) October 18, 2023

BREAKING: The American soldier who fled to North Korea has been detained by the U.S. military and charged with desertion and possessing images of child sex abuse. https://t.co/6i8hMZb1Ic

— The Associated Press (@AP) October 20, 2023

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Innocent until proven guilty, of course, but the CSAM charge makes it easier to understand why deserting to North Korea might’ve seemed like a good idea in a bad moment:

An Army private who fled to North Korea before being returned home to the United States last month has been detained by the U.S. military, two officials said Thursday night, and is facing charges including desertion and possessing sexual images of a child.

The eight counts against Pvt. Travis King are detailed in a charging document seen by The Associated Press. The officials who confirmed King’s confinement spoke to The Associated Press on condition of anonymity because the charges have not been publicly announced.

King’s mother, Claudine Gates, said in a statement that she loved her son “unconditionally” and was “extremely concerned about his mental health.”…

Desertion is a very serious charge and can result in imprisonment for as much as three years. King is also accused of kicking and punching other officers last year, unlawfully possessing alcohol, making a false statement and possessing a video of a child engaged in sexual activity. That allegation dates to July 10, the same day he was released from a South Korean prison where he had served nearly two months on assault charges.

One week later, King, 23, ran across the heavily fortified border from South Korea and became the first American detained in North Korea in nearly five years. He was set to be sent to Fort Bliss, Texas, where he could have faced potential additional disciplinary actions and discharge…

The charging document does not provide significant detail on any of the allegations, though it does accuse King of knowingly possessing a video of a child engaging in sexual conduct last July 10 and says that he solicited a user of Snapchat, a social media platform, to produce images of underage sexual activity.

Sean Timmons, an attorney who specializes in military law at the Tully Rinckey law firm and who reviewed the charging document, said all the transactions that occurred on Snapchat were not secure or private and were accessible by the government.

“He probably reasonably believed his illegal conduct would have no evidentiary trail, but Snapchat actually saves everything,” Timmons said.

Open Thread: <em>In Other News…</em>Post + Comments (89)

Tuesday Evening Open Thread: SBF On Trial — Update

by Anne Laurie| October 3, 202310:05 pm| 99 Comments

This post is in: Activist Judges!, C.R.E.A.M., Grifters Gonna Grift, Open Threads, Lock Him Up...Lock Them All Up

On his first day in court, SBF arrived in front of potential jurors with a new look—and mostly focused on his laptop. https://t.co/qC5b5b1z3Z

— Fast Company (@FastCompany) October 3, 2023

Of course the ongoing House speakership chaos is more Serious, but allow me my petty obsessions…

… The cofounder and former CEO of FTX arrived for jury selection with his trademark curly hair cut in a close-cropped style. He also wore a dark suit, white shirt, and tie. Bankman-Fried is being jailed in Brooklyn during his trial after his bail was revoked this summer. He arrived at the courthouse late—“I’m told we can thank the delay to what’s happening in the other courtroom nearby,” Judge Kaplan said in court, evidently referring to the Trump civil trial at a courthouse a block away.

Almost immediately upon entering the courtroom and taking a seat between his two lead lawyers, Bankman-Fried began typing and scrolling on an internet-disabled laptop, occasionally speaking with his lawyers or scratching his head, but mostly focusing on the computer. His screen wasn’t visible from where I was seated, but he appeared to be taking notes…

Prosecutor Nicolas Roos said on Tuesday that “the government never made any plea offers” in the case, a clear explanation for why Bankman-Fried is going to trial instead of pleading out, a risky move for a defendant. About nine in ten federal criminal defendants plead guilty, according to Pew ResearchCenter analysis of federal statistics, while only 0.4% are acquitted at trial.

Bankman-Fried is charged with seven counts of fraud and conspiracy related to FTX, his cryptocurrency exchange, and Alameda Research, his crypto hedge fund, and several former FTX and Alameda executives are expected to testify against him. He has pleaded not guilty, and his trial is expected to last six weeks.

For much of the day, Judge Lewis A. Kaplan was giving a master class on how not to let anyone out of jury duty. If jurors said they were unable to assess the case impartially, they were dismissed without much questioning. Anyone else? They’d best get ready for some contentious lawyering—giving a preview of how Judge Kaplan will run the high-profile trial…

The potential jurors’ responses also gave a sense of how familiar they were with cryptocurrency—and of the handful who’d dealt directly with it, most weren’t fans. Three had lost money because of it…

“I had an investment in cryptocurrency and I did lose a lot, and my twin brother lost a lot more than me, and it almost ruined him,” one man said.

When another potential juror said “I don’t actually still understand how cryptocurrency works,” Judge Kaplan responded: “You probably have a lot of company in this courtroom.”

Judge Kaplan said he expected to complete jury selection Wednesday morning, with opening arguments to follow.

I just want to remind everyone going into this week that Sam Bankman-Fried is not a kid or a boy or a cherubic golden child lost in the woods. He's a 31 year old man facing 7 felony charges as part of a multi-billion-dollar alleged fraud.

— Jacob Silverman ???? (@SilvermanJacob) October 1, 2023

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Tuesday Evening Open Thread: SBF On Trial — UpdatePost + Comments (99)

Monday Evening Open Thread: Tragedy Tomorrow — Comedy Tonight!

by Anne Laurie| October 2, 20236:11 pm| 164 Comments

This post is in: Activist Judges!, Open Threads, Trump Crime Cartel, Trumpery, Schadenfreude

Donald J. Trump was entitled to receive a jury trial in his NYC civil fraud case.

While Trump wanted a trial by jury, HIS attorneys DID NOT correctly fill out court paperwork.

Instead, Trump will receive a bench trial solely decided by a judge he's repeatedly attacked. pic.twitter.com/MW4gemybr1

— Stephanie Winston Wolkoff (@SWinstonWolkoff) October 2, 2023

No, really. Per the Messenger, which seems to have been first on this story:

… It’s unclear whether a jury trial would have been available under New York Executive Law 63(12), the statute under which the case was brought, and may legal experts believe it likely would not have been. But the judge noted that neither side litigated the issue.

Earlier this year, New York Attorney Letitia James filed a form with a checkmark next to the field: “Trial without a jury.” Trump’s legal team didn’t file a corresponding form, and the former president may have regretted that inaction ever since.

Long before the trial, Engoron found Trump in contempt of court for discovery violations in the investigation that preceded the AG’s lawsuit. Last week, the judge found Trump, his family members and his business associates liable for a massive fraud and ordered the dissolution of Trump’s New York business empire, an action known as the “corporate death penalty.”

Trump lashed out against him extensively at a makeshift press conference outside the courtroom, calling for Engoron to be “investigated for what he’s done is undervaluing these properties.”…

Engoron will decide whether to issue an order disgorging hundreds of millions of dollars in allegedly ill-gotten gains — and barring him from ever serving as a director of a New York corporation.

When you realize that the attractive lawyer who flattered you on TV is horrified bc she passed on a jury trial…

…and the lawyer who made you pay his full fee up front can't stop smiling.#MondayMood pic.twitter.com/K5S9K6Ok7T

— John Fugelsang (@JohnFugelsang) October 2, 2023

Monday Evening Open Thread: <em>Tragedy Tomorrow — Comedy Tonight!</em>Post + Comments (164)

He imagines himself as The Big Bad, Who Is Universally Feared… instead of The Big Jagoff, Who Is Universally Mocked.

The gop couldn’t organize an orgy in a whorehouse with a fist full of 50s.

I did not have this on my fuck 2022 bingo card.

You cannot shame the shameless.

Quote tweet friends, screenshot enemies.

Is it irresponsible to speculate? It is irresponsible not to.

Balloon Juice, where there is always someone who will say you’re doing it wrong.

The choice is between normal and crazy.

Never entrust democracy to any process that requires republicans to act in good faith.

Yeah, with this crowd one never knows.

Make the republican party small enough to drown in a bathtub.

Wow, I can’t imagine what it was like to comment in morse code.

Ron DeSantis, the grand wizard, oops, governor of FL.

Red lights blinking on democracy’s dashboard

The party of Reagan has become the party of Putin.

Their freedom requires your slavery.

Putin dreamed of ending NATO, and now it’s Finnish-ed.

rich, arrogant assholes who equate luck with genius

Pessimism assures that nothing of any importance will change.

Perhaps you mistook them for somebody who gives a damn.

They love authoritarianism, but only when they get to be the authoritarians.

You don’t get to peddle hatred on saturday and offer condolences on sunday.

This really is a full service blog.

Only Democrats have agency, apparently.

Friday Evening Open Thread: Hopefully, Leonard Leo Will Be Going Through Some Things

Open Thread: Scrutinizing SC(R)OTUS

Ok So Maybe We Might Need An Ethics Code

TGIFriday Morning Open Thread: A Good Week’s Work

Open Thread: In Other News…

Tuesday Evening Open Thread: SBF On Trial — Update

Monday Evening Open Thread: Tragedy Tomorrow — Comedy Tonight!