Friday, July 12, 2024

The Lexicon of President Joseph Robinette Biden, Jr.

And by the Way Anyway By the Way Come On, Man For Example Guess What (Lying) Dog-Faced Pony Soldier My Point Is Look You Know This

Thursday, July 4, 2024

Will Judge MarchantJail President Trump or Dismiss the Case?

Will Judge Merchan escalate lawfare by sentencing President Trump immediately to jail? Will New York District Attorney Alvin Bragg pull the plug on the New York City case? It won’t be July 11, 4 days before the National Republican Convention. The Supreme Court Monday in the executive immunity case cast a strong shadow on the New York case and the federal prosecutions of President Trump. New York Supreme Court Judge Juan Merchan has a dilemma. He presided over the New York City Trial of President Trump on bogus charges with the intent of convicting the President. Judge Juan Merchan was a respected jurist until he presided over the Trump Trial. He thought in his mind that his duty was to save America from the second coming of the “evil” Donald Trump Presidency. He could have sentenced President Trump to jail on July 11, 2024 with the intent of crippling President Trump’s campaign. He may have felt compelled to do so. The other attempts to derail the Trump Campaign have failed. Thursday’s debate shows America that President Biden is a dementia shadow of his prior self. On the other hand, Judge Merchan is not stupid. He knows his case will ultimately be overturned, if not by the appellate courts of New York, then by the federal courts on numerous constitutional grounds. That hasn’t bothered him up to now. The grounds for reversal are almost infinite: Constitutional Violations Evidentially Jury Instructions His problem is that he sees the Trump Campaign is headed to headed to victory, perhaps a landslide. Supreme Court Chief Justice Roger Toney was a highly regarded jurist when he penned the Dred Scott decision, a ruling which lives in infamy. He thought in his mind he was resolving America’s slavery problem. Instead he drove America into the Civil War. Toney was Chief Justice of the United States. Judge Merchan is a trial judge in New York City. The hubris of thinking he could effectively disqualify the nominee of the opposing political party is mind blowing. Judge Merchan is not, so far as we know, a corrupt judge, but reflects much of the New York legal establishment. The trial and conviction are the result of a host of constitutional violations by the judge. Let’s start at the beginning. With a series of inexplicable coincidences. Judge Merchan presided over the Trump tax case, the criminal prosecution of the Trump organization bookkeeper, and of President Trump himself. Judge Merchan is scheduled to preside over the upcoming prosecution of Steve Bannon. Judge are normally assigned to cases by lottery, but someone, perhaps the judge himself, assigned these cases to Judge Merchan. He knows what he has to do. Judge Merchan is bound by the United States Constitution. The Sixth Amendment provides the right to a trial “by an impartial jury.” The Supreme Court held in the 1966 case of Sheppard v. Maxwell, 384 U.S. 333 (1966) that a defendant is entitled to a change in venue for venues with inherently prejudicial publicity. His first constitutional mistake was to deny a change of venue to President Trump. The New York Times, the premier newspaper in New York City has the constitutional right under the 1964 case of New York Times v. Sullivan to denigrate President Trump in its editorials, op-eds, and even in the news columns. It has done so for four years fueling a hostile environment for President Trump. The composition of the jury pool was very liberal. Only 23% of New York City voters cast a ballot in 2020 for President Trump. Yet the jury selected apparently excluded all conservatives from it. Judge Merchan failed to sequester the jury at any time – not during the entire trial, the last week including closing arguments, or especially the five days between the closing arguments and the jury instructions. He also did not forbid the jurors from going on the internet, TV, or print media during this period. They would have heard a lot negative about President Trump from their “friends and neighbors.” President Trump has a penchant for speaking out. Judge Merchan hit him with a gag order, but did not limit the prosecution or Michael Cohen, the hostile witness who makes money by denigrating President Trump. Judge Merchan ruled New York law does not require specificity of the underlying crime. He may be right. I don’t know New York Law. New York may not, but the Constitution clearly does! The Sixth Amendment requires the accused “to be informed of the nature and cause of the accusation.” The defendants need specificity so as to be able to defend themselves. Judge Merchan’s failure to force the prosecution to identify the charge or to require proof beyond a reasonable doubt brings to mind Kafka’s “The Trial” as well as violating the Constitution. Many of the underlying, not specified charges are protected by Executive Immunity. The whole case is contaminated. Judge Merchan should have recused himself. Judges have opinions and views, but they are expected to project objectivity on a case before them. He three times contributed to the Biden Campaign or the Democratic Party. The amounts were de minimis and New York held he did not violate judicial ethics. Then we have his daughter, Loren Merchan, who is President and a shareholder in Authentic Campaigns, which worked on Kamala Harris’ 2020 presidential campaign, the Biden-Harris campaign, and for Representative Adam Schiff, earning large sums in the process. Family actions, in theory, do not relate to a judge’s conduct and impartiality, but the Second Circuit just reversed the decision of a federal district judge to dismiss a multi-million antitrust suit against ten banks including the Bank of America. The judge’s wife owned about $15,000 in Bank of America stock. Judge Merchan violated a fundamental, albeit mostly uncodified, foundation of the Rule of Law: NOT ONLY MUST JUSTICE BE DONE, BUT IT MUST APPEAR TO BE DONE! Judge Merchan knows though that in the normal course of judicial proceedings the reversal will not occur until after the election. He also knows, I assume, that federal courts do not normally intrude on state court criminal proceedings until the state proceedings are ended. He would have done his job. The question is: Will Judge Merchan finally do the right thing and set aside the verdict on September 6? or Is Judge Merchan so locked into jailing President Trump on September 18? He wants to imprison President Trump, but the wise course for him would be to grant the motion to dismiss the case on September 6, castigating the Supreme Court for forcing him to do so. Alvin Bragg achieved his goal. He got a felony conviction of President Trump. He should pull the case before it is reversed. Call it a victory and walk away.

Monday, July 1, 2024

Thoughts and Quotes on the Biden-Trump Debate

Let’s start with a few quotes: 1) Chico: “Who you gonna believe, me or your lying eyes.”” We were told the videos of President stumbling, bumbling, wrong way, and misspeaking were cheap fakes. The world saw an old man in his dotage. President Biden is suffering from dementia. Sad! It’s a personal tragedy for the Biden family and a greater tragedy for America and the world. 2) Abraham Lincoln: “You can fool some of the people all of the time, or all the people some of the time, but you can’t fool all the people all of the time.” 3) Robert Hur, Special Counsel, refused to indict President Biden for mishandling secret documents, for which President Trump has been indicted. He explained a jury would view President Biden “as a sympathetic, well-meaning, elderly man with a poor memory.” Robert Hur was criticized by both Trump supporters and Biden supporters. Trump supporters see a double standard by the Attorney General because these were the alleged crimes for which President Trump has been indicted. Biden supporters claim the statements were inappropriate and unnecessary. Attorney General Garland refuses, on questionable executive privilege grounds, to turn over to the House of Representatives the audio talk of the Biden-Hur interview. The AG was apparently trying to cover-up the President’s growing dementia. Attorney General Garland should release the video since the American people saw for themselves President Biden’s incapacity. Vice President Joe Biden’s handlers kept him sequestered in his basement during the 2020 election campaign because of Covid. He could run a stealth campaign touting experience and moderation against an unpopular President who had been viciously maligned for four years. 4) Who’s making decisions in the Biden Administration? We learnt Thursday night that President Biden is incapable of making decisions. His staff makes the decisions. Thus he has the Obama appeasers of Iran, Antony Blinken, Jake Sullivan and Susan Rice, appeasing Iran with more billions of dollars than they did in the Obama Administration. We know that the President, Blinken, and Sullivan live up to their reputation. 5) President Obama said of his Vice President Biden: “Don’t underestimate Joe’s ability to fuck things up.” 6) Secretary of Defense Gates said of Joe Biden: “I think he has been wrong on nearly every foreign policy and national defense issue over the past four decades.” So much for experience! 7) Senator John McCain said Antony Blinken was not only ”unqualified” but also “has been dangerous to America and to the young men and women who are fighting and serving this country.” 8) Representative James Comer said National Security Advisor Jake Sullivan “has been at the epicenter of the worst foreign policy crises and decisions over the past decade.” Landslide elections periodically occur. Republicans across America were pulled under by Senator Barry Goldwater in 1964. Republicans were also decimated in 1972 after President Nixon’s resignation in disgrace. President Carter’s incompetence turned the White House and Senate over to the Republicans in 1980. Republicans won control of the House and Senate in 1994 because of President Clinton and again in 2002 because of ObamaCare. Democrats running for reelection in the Senate, House and state elections can see President Biden pulling them down in 170 days. They dread a Biden-Harris ticket.

Thursday, June 27, 2024

The Democratic Candidate for President in 2024 Will Be

1) President Joe Biden 2) Vice President Kamala Harris 3) Michelle Obama 4) Governor Gavin Newsom 5) Governor Josh Shapiro 6) Governor Gretchen Whitmer 7) Governor J.B. Pritzker 8) Representative Dean Phillips 9) Robert F Kennedy, Jr. 10) Hillary Clinton 11) Senator John “Bluto” Blutarsky 12) Senator?

Monday, November 7, 2022

Kenosha, New York City, San Francisco, Seattle, and Virginia Point the Way to Tomorrow's Midterm Elections

Kenosha, New York City, San Francisco, Seattle and Virginia Point the way in the midterm elections Democrats have a conundrum, caught between a rock and a hard place, Scylla and Charybdis. Into the valley of political death valiantly and vainly rode the stalwart 250 Democrats. Theirs not to reason why, but to vote the party line. Not the Spartan 300 or the 600 Light Brigade, but 250 Democrats, most of whom preach moderation and independence at home, but vote the hard party line in Washington, D.C. They have to tow the progressive line or be primaried out of office. Then they veer to the center during the general election. Alexandria Ocasio-Cortez, an unknown waitress, bartender and failed entrepreneur, upset 10 term Joe Crowley, number four in the House Democratic leadership, in the 2018 mid-term elections. The left-wing, mostly far-left wing, of the Democratic Party effectively assumed power in D.C. Senate Majority Leader Chuck Schumer is scared of being primaried by Representative Alexandria Ocasio-Cortez. He gives the progressives everything they want. Even Joe Manchin caved. A hint of apostasy and be primaried out. Most professional politicians are paranoid about losing elections, usually the primary in a solid blue or red state. The general elections are a formality in these states. Perhaps not this year. Not in a wave election. San Francisco and Seattle may be the most progressive cities in America, but the residents are finally fed up with the crime, homeless, riots, and remote earning. San Francisco voters recalled three woke school board members in February 2022 with each of the three receiving an over 70% recall vote. The George Soros radical District Attorney Chesa Boudin was recalled in June. Seattle voters in November 2021 elected a law and order mayor and district attorney. Bruce Harrell defeated Lorenza Gonzalez, the radical City Council President who supported defunding the police. He won the mayor election by a 17% margin. Ann Davison, a Republican (Yes, a Republican), was elected city attorney defeating Nicole Thomsas-Kennedy who supported police and jail abolition. New York City elected former Police Captain Eric Adams as Mayor, but unfortunately elected a progressive district attorney. Who ever thought “Defund the Police” would be a winning issue? Kenosha was wracked by riots in 2020. Kenosha voters elected their first Republican County Chairman in history. It’s Law and Order, stupid. School board elections are turning conservative, tossing out woke board members and superintendents of education. It’s education, stupid, not DEI or critical race theory. Glenn Youngkin was elected Governor of Virginia in 2021, the first Republican to win statewide election in 12 years. Republicans also won back control of the state legislature. It’s education, stupid. I thought for years that the Supreme Court reversing Roe v. Wade would be a Godsend to the Democratic Party and pro-choice voters. It’s the inflation, stupid. The Democrats and media declaim the MGAGA January 6 insurrectionists. It’s the gas and diesel prices – wait for the home heating bill this winter, stupid. It's all about Trump It's about Biden, stupid The problem for the Democrats and America is not that Americans and the world know President Biden is non compos mentis. Nor is it that he is an insecure blowhard always self-aggrandizing his ego. Nor that he is a pathological liar. Nor even that he has tied himself to the Bernie Sanders political wing of the Democratic Party. He has always been a weathervane for the Democratic Party. The problem is the clique of his advisors who write his TOTUS and prepared remarks. They are zealot idealogues from the Obama Administration. President Obama was highly progressive, but understood political reality. They don’t. Probably a red wave in the House and Senate. Absent chicanery. Philadelphia was notorious for walking around money. California and Seattle for ballot harvesting. Professor Hugh Hewitt published a classic political Book: If It’s Not Close, They Can’t Cheat: Crushing the Democrats in Every Election and Why Your Life Depends on It (2004).

Tuesday, June 28, 2022

The Irony of the Second Amendment and Roe v. Wade

I teach a firearms manufacturer case in Torts. The question arises of the Federal Assault Weapons Ban of 1994 and why Congress cannot enact meaningful gun control. I tell the students that two single issues control many voters. For example, pro-life or pro-choice – that is the single most important issue for many voters. So too with gun control. Single issue voters. The irony is that in two days the Supreme Court put abortion and gun control before the voters’ eyes in the November midterm elections. It’s easy to support gun control in the large, mostly Blue states and cities. However, hunters and others in the less populated states are vehemently opposed to gun control. For example, both Governor Howard Dean of Vermont and Senator Bernie Sanders were late in supporting gun control. Every state has two senators. I remember being in Louisiana once when the powerful Democratic Senator J. Bennett Johnston was running for reelection. His ads emphasized he was a life member of the NRA. The statistics tell us George W. Bush won the presidency in 2000 by 537 votes in Florida. However, Florida would have been irrelevant if Al Gore carried either Tennessee or West Virginia. West Virginia had been a reliably Blue state, but Gore lost it because of his opposition to coal. Tennessee was Al Gore’s home state, but he lost it because he favored gun control. John Kerrey was not going to make that mistake in 2004. He distributed photos of him as a duck hunter with a rifle in his hand. Colorado suffered two horrific mass shootings, the first at Columbine High School and the second in Aurora in a Century 16 movie theater showing The Dark Knight Rises. Senator John Morse, Senate Majority leader, jammed a strict gun control measure through the state senate, holding 7 hearings in one day. Colorado voters recalled him and Senator Angela Giron, who represented the blue collar, heavily Hispanic, city of Pueblo. They were replaced with conservative Republicans. Gun control does not sell in Red counties. Abortion is different, but still single issue. I remember placards in the University of Michigan Union in 1972: COEDS Weekend in New York Hotel Airfare Abortion $199 I think it was $199 – not $299. I sometimes regret not “liberating” one of the placards. States, one by one, were dropping their anti-abortion statutes. The body politic was deciding the issue - abortion with restrictions. The Supreme Court decision in Roe v. Wade changed everything. My initial impression is that it was just an extension of the Warren Court. Chief Justice Earl Warren had retired, but most of the Roe v. Wade Justices sat on the Warren Court. Then came the dedication of the new law building at Ohio Northern University, where I taught from 1972-1975. Justice Blackman, who penned Roe v. Wade, was a Methodist, as was ONU. The Methodist connection got him to give the dedication speech of the new building. The Law School Associate Dean, a devout Catholic, led about a dozen protestors, silently and peacefully, demonstrating as the Justice spoke. Epiphany: Roe v. Wade is different! Professor Ruth Bader Ginsberg was right. She liked the result, but not the opinion. She felt the Court could have tossed the Texas statute without deciding the broader issue of abortion. She feared the poor reasoning of Roe v. wade opened it to reversal. Roe v. Wade cut off the public debate and accommodation over abortion. Pro-choicers relied on Roe v. Wade while pro-lifers organized, organized, and organized. Repealing Roe v. Wade became their mantra. Roe v. Wade provided a false sense of security to pro choice voters. The pro-life voters could organize and protest all they wanted, but the Supreme Court protected the woman’s right to choose. Elections and Senate confirmation hearings have consequences. The Democrats tried to protect Roe v. Wade by fighting the nomination of conservative judges to the Supreme Court. The Kavanaugh hearings became a comedy of the absurd. They attacked him over almost non-existent proof of a possible drunken act of misbehavior in high school, of which no actual proof existed. Justices Thomas and Kavanaugh have no love for the left after the savage confirmation attacks on them. The pro-choicers should blame the state legislative changes on President Obama whose 2020 midterm election gave Republicans of control of most state legislatures and state houses– control, which they have not lost. I feared that if Roe v. Wade were reversed, the effect could be catastrophic for Republicans at the ballot box. Presidents Reagan and both President Bush’s shared that fear. They never pushed hard on pro-choice. I’m not so sure this year. The election of Glenn Younkin as Governor of Virginia showed the “suburban moms,“ previously referred to as “soccer moms,” are concerned about education. They also feel the pain at the pump and inflation. Democrats plan to run in the November elections on January 6, Roe v. Wade, gun control and ballot harvesting. Economic issues often trump social issues at the ballot box. So too with gun control this year. The statute just enacted contains preventative measures, but none of the actual restrictions sought by the Democrats. It undoubtedly passes the constitutional test. The Supreme Court did not ban abortion; it left the decision to the states and the body politic. However, the momentum today, unlike five decades ago, is for states to ban or strictly regulate abortion. We will see extreme statutes, from no abortions under any circumstance to abortions any time prior to birth, live birth abortions. The developing consensus has yet to coalesce. Justice Thomas felt the Court’s other social legislation decisions should be revisited: 1) Griswold v. Connecticut and the right to privacy, 2) Obergefell v. Hodges and gay marriage and 3) Lawrence v. Texas on gay rights. He may theoretically be right, but Roe v. Wade is different – it involves the life of a second human. Both Justice Alito’s majority opinion and Justice Kavanaugh’s concurring opinion refused to go there. Even Judge Robert Bork in his contentious confirmation hearing said he would not overturn Griswold v. Connecticut. Chief justice Roberts, as expected, tried to split the difference by upholding the Mississippi statute but refusing to overturn Roe v. Wade. He had waffled on ObamaCare, having first decided according to his fellow justices to rule the statute unconstitutional, but then cleverly upheld it under the taxation power of Congress. President Joe Biden has been, as might be expected, all over the issue during his career. He said after the Roe v. Wade decision was issued in 1973: “I don’t like the decision. I think it went too far. A woman shouldn’t have the sole right to say what should happen to her body.” He voted in 1992 for a Constitutional Amendment that would allow states to overturn Roe v. Wade, and then voted against it. He consistently supported the Hyde Amendment which is a ban on using federal funds for abortions. He has also said that as a devout catholic he personally opposed abortion, but would not impose his religious beliefs on others. Then we have Senator Biden on tape in 2006. He said: “I do not view abortion as a choice and a right. I think igt’s always a tragedy. , and I think that it should be rare and safe, and I think we should be focusing on how to limit the number of abortions. And there ought to be able to have a common ground and consensus as to do that.” He is not conflicted for he has few convictions. Americans are convicted. They can resolve the issue in state elections. That’s what the Supreme Court held in overturning Roe v. Wade.