Trump’s Pennsylvania case also thrown out

In what is being seen as the biggest setback to Trump’s futile quest to cling on to power. the lawsuit argued by Rudy Giuliani and Sidney Powell (described by one of Trump’s legal advisors as “an elite strike force team”) before a federal judge in Pennsylvania has been thrown out. The suit alleged such widespread fraud in the election that they were asking the judge to invalidate the results and declare Trump the winner in the state. In what has been described as a blistering opinion, the judge was brutal in his assessment of the case presented by this allegedly elite strike force team, describing it as a “Frankenstein’s Monster, [that] has been haphazardly stitched together from two distinct theories in an attempt to avoid controlling precedent.”
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Trump is really going bonkers

In the latest move during the current purge of people in Trump’s administration, he has fired the person who said that the recent election was the most secure in US history. (I wrote about the official expecting to be fired two days days ago.)

Trump fired Christopher Krebs, who served as the director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (Cisa), in a tweet on Tuesday, saying Krebs “has been terminated” and that his recent statement defending the security of the election was “highly inaccurate”.

The firing of Krebs, a Trump appointee, comes as Trump is refusing to recognize the victory of the president-elect, Joe Biden, and removing high-level officials seen as insufficiently loyal. He fired Mark Esper, the defense secretary, on 9 November part of a broader shake-up that put Trump loyalists in senior Pentagon positions.

Krebs had indicated he expected to be fired. Last week, his agency released a statement refuting claims of widespread voter fraud. “The November 3rd election was the most secure in American history,” the statement read. “There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”

Krebs, a former Microsoft executive, ran the agency, known as Cisa, from its creation in the wake of Russian interference with the 2016 election through the November election. He won bipartisan praise as Cisa coordinated federal state and local efforts to defend electoral systems from foreign or domestic interference.

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The ultimate Hail Mary by Trump supporters

Trump and his fans are trying their best to convince themselves that he has not lost the election. But time is running out for them. The claims of fraud that have been filed in state and federal courts across the country are being tossed out one after another and prestigious law firms are withdrawing from some cases because bringing frivolous lawsuits damages your reputation and can result in judges slapping you down, and the easy money these cases bring in may not be enough to compensate for the ignominy. Clown lawyers like Rudy Giuliani have no reputation to protect and thus can make the most outlandish claims inside and outside the courtroom, which is probably why Trump likes him so much. Lawyers like him are the only only ones really benefiting from these lawsuits and are enriching themselves off the deluded dreams of the members of the Trump cult who are donating to the ‘legal defense fund’, although the fine print says that up to 60% of that money will actually go towards retiring the campaign debt.
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The Supreme Court hears arguments on the future of Obamacare

Trump has waged war against the decade-old Affordable Care Act aka Obamacare. Part of it is because he wants to overturn every aspect of Obama’s legacy. But another is that Republicans have long fought bitterly against the law because it helps poor people and is thus, by definition, ‘socialism’. Trump promised to overturn the law but failed repeatedly so naturally, since he can never see himself as a loser, he claimed that he actually won because he got rid of that part of the law known as the individual mandate.

Insurance works by spreading the risks and the larger the pool of insured people, the better the system works. The mandate was the fine that was imposed on people who did not sign up for insurance. Trump did not actually get rid of the individual mandate. What happened was that an earlier Supreme Court decision said that while such a mandate exceeded congress’s power and was unconstitutional, in a narrow 5-4 ruling by chief justice John Roberts, they also said that it could be considered a tax and thus was within congressional taxing powers.
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The legal state of play after the election

As was to be expected, Trump is doing everything that he can to raise suspicions about the election process in an effort to reverse the results in those states that he has lost and those he fears he might further lose. The chief weapon in his arsenal is the legal process and already new lawsuits have been filed to add to those that were filed even before election day.

Post-election litigation is normal. Lawsuits are always filed on election day and the days after in response to issues such as equipment malfunctions, printing errors and polls not opening on time.

Usually, they receive little attention. This year, they are under more intense scrutiny because the president has spent the year making frequent, baseless claims about election fraud.

For one of these routine cases to affect the outcome of the election, the ballots being contested would need to be both (a) big enough in number to determine the state’s result (for example, a suit which concerns 50,000 votes in a state a candidate won by 30,000 votes) and (b) in a state decisive for the election result.

As of Wednesday evening, election law experts said none of the lawsuits filed appeared to meet both these qualifications. “These case don’t seem to be very strong, they also don’t seem to be significant as a matter of votes,” said Paul Smith, vice-president for litigation and strategy at the Campaign Legal Center.

That could change as counting continues.

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The Sacklers get off easy

The Sackler family has made billions of dollars by pushing doctors to aggressively prescribe the opioids produced by their company Purdue Pharmaceuticals to patients, thus helping cause the passive prescription drug addiction problem that has ranged so many families and communities. They then donated money to universities and other cultural institution that put their name on buildings to enable them to pose as philanthropists.
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Radiolab on jury nullification

I have written many times about jury nullification, the little known right of juries to acquit defendants even if the defendant has clearly violated the law, if the jury feels that the law used to convict them is unjust.

We are all familiar with the process by which laws are created. We, the citizens, vote legislators into office. These legislators propose and debate bills. Once passed by the legislature and signed by the elected executive, these bills become laws and that, we think, is the end of the story unless courts rule the law to be unconstitutional. We are now obliged to follow the laws. If we do not like a law, the only option is to get the legislature to change it.
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Ruth Bader Ginsburg (1933-2020)

She was resolute in her determination to uphold liberal and humane values on the US Supreme Court and her death today will be felt keenly. There is really nothing that I can say in praise of this magnificent jurist that will not be said much better by people who knew her well and have studied her career closely.

The only thing I can say is how saddened I am by the news.

Barr is a liar just like his boss

The president gets to appoint his cabinet, subject to Senate approval, and so it is not a surprise when he picks people who favor his policies. But of all the cabinet positions, the attorney general is the one who is expected to be most independent of the president. This is reasonable, since the AG is responsible for the impartial application of the laws and the Department of Justice has immense power over individuals. Unfortunately, it is not unusual for AGs to seek to please the president at the expense of justice but the current AG Bill Barr has been extraordinarily brazen in his efforts to advance Trump’s agenda and to avoid criticizing him even when he advocates illegal actions, such as when Trump recently urged people to vote twice. Trump was supposedly suggesting this to expose the weaknesses of the election system, laying the groundwork for challenging his defeat in November.
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