“Walk toward the fire. Don’t worry about what they call you. All those things are said against you because they want to stop you in your tracks. But if you keep going, you’re sending a message to people who are rooting for you, who are agreeing with you. The message is that they can do it, too.”
Apparently stall tactics are all the rage amid a political judiciary that is collapsing from a quickly metastasizing cancer inside the third branch of government.
Today the Supreme court blocked in part, and punted in part, on three cases related to the resistance effort to gain the private financial records of President Trump. The bottom line is that none of the decisions today will likely be resolved before the November election.
♦ In the Trump -v- Vance case, a subpoena by a Manhattan district attorney, the justices (by a vote of 7-2) rejected the president’s claim that he is immune from state grand jury proceedings while he is in office. However, the decision in that case does not mean financial records the grand jury seeks will be turned over. As Amy Howe notes: “the court sent the case back to the trial court and agreed that the president could still argue that complying with this subpoena would interfere with his ability to do his job.”
This was the case outcome that likely frustrated President Trump the most because it forces him to continue fighting, and spending, against Lawfare resistance activists in state courts as accusations are brought by politically motivated state prosecutors.
♦ In the Trump -v- Mazars case, which is a combination of two rolled-up cases combining different legislative efforts (congressional subpoenas) to gain Trump’s financial records, the justices (again 7-2) sent the combined cases back to lower courts after highlighting that legislative subpoenas must be made for a “valid legislative purpose” not for law enforcement. This aspect is based on the clear separation of powers in the constitution.
Judge Emmet Sullivan is refusing to accept the three-judge appeals court ruling – which granted a writ of mandamus and instructed Sullivan to dismiss the Flynn case per the DOJ and Flynn defense unopposed motion. Today Judge Sullivan is asking the Full DC Circuit Court panel to conduct an en banc rehearing of the issues. [pdf here]
There is no guarantee the full DC Circuit will agree to the en banc request. However, given the nature of the court, it should be anticipated. What really appears to be the undiscussed background is an effort to keep dragging this issue out as long as possible. This is beyond judicial activism running amok, we have now entered the realm of judicial weaponization.
The Lawfare resistance was strongly advocating for this judicial approach. However, what we can infer from the need for Sullivan to trigger the en banc request is that no individual circuit court judge was going to do it independently (sua sponte) which was an option.
It appears Sullivan waited to see if one of them would; then, after a period of time where he identified no circuit judge would independently put himself/herself into the spotlight, Sullivan makes the en banc request himself. The panel will likely accept the request.
Sullivan’s en banc petition essentially says his requests to have an outside amicus brief the court -on all the reasons not to accept the unopposed motion to dismiss- as commonplace; and he decries the DC appeals court mandamus decision as “a dramatic break from precedent that threatens the orderly administration of justice.” [I think he’s stalling.]
Here’s the full filing outlining the position of Judge Sullivan:
Following his roundtable discussion with Hispanic American business and government leaders, President Trump will issue an Executive Order on the Hispanic Prosperity Initiative during a rose garden briefing. Anticipated start time 3:30pm.
WH Livestream Link – Fox News Livestream – Fox Business Livestream
White House Press Secretary Kayleigh McEnany holds a press briefing with the WH pool from the Brady room. Anticipated start time 1:30pm ET
White House Livestream Link – Fox News Livestream – Fox Business Livestream
When the broad outlines of the U.S-Mexico-Canada (USMCA) trade agreement first appeared, we said it seemed clear presidential candidate Andres Manuel Lopez-Obrador (AMLO) was aligned with the economic nationalism preferred by U.S. President Trump.
Yesterday that alignment was on full display as AMLO delivered a very strong endorsement for the respectful agreement between the two nations. Unfortunately, the U.S. media will never report on these words of praise by President Lopez Obrador.
Transcript […] I also wanted to be here to thank people of the United States, its government, and thank you, President Trump for being increasingly respectful with our Mexican fellow men.
And to you, President Trump, I want to thank you for your understanding and the help you’ve given us in issues related to trade, commerce, oil, as well as your personal support for the acquisition of medical equipment that we needed urgently to treat our patients of COVID-19.
But what I mainly appreciate is that you have never sought to impose anything on us violating our sovereignty. Instead of the Monroe Doctrine, you have followed, in our case, the wise advice of the lustrous and prudent President George Washington who said, quote, “Nations should not take advantage of the unfortunate condition of other peoples.” End of quote.
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President Trump Twitter @POTUS / Vice President Pence Twitter @VP
Kayleigh McEnany Twitter @PressSec
Our Father, who art in heaven, hallowed be thy Name. Thy kingdom come. THY WILL BE DONE, on earth as it is in heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but DELIVER US FROM EVIL.
For Thine is the kingdom and the power and the glory, forever and ever. Amen †
Former Acting Director of National Intelligence Richard Grenell discusses the period during the presidential transition period where President Obama’s white house team was coordinating intelligence efforts to research and unmask incoming officials.
President Trump and the U.S. economic team have held a policy perspective that the World Trade Organization (WTO) is no longer a useful functioning body to mediate global trade issues. At the center of that view are two issues:
First that WTO rules and regulations do not support American economic interests; and secondly, that WTO processes still provide China with favorable benefits as an “emerging nation” despite their scale. As a result the Trump administration has been positioning for a withdrawal from a dysfuctional WTO.
In an effort to keep the WTO intact, British Prime Minister Boris Johnson has nominated a pro-Brexit/pro-America trade minister, Liam Fox, to become the next Director General.
(Via Fox News) – The British government on Wednesday announced that it was nominating former International Trade Secretary Liam Fox to head the World Trade Organization – selecting a strongly pro-Washington candidate at a time when the U.S. is debating quitting the trade body.