Category Archives: Courts

Evil GOP bastards are trying to negate the AIRC so the legislature does redistricting maps again

SCR 1034 (.pdf), sponsored by Senator Yarbrough, would alter sections of the citizens initiative that established the Arizona Independent Redistricting Commission.

Among the changes are an increase in the number of Commissioners to eight, selected directly by legislative leaders rather than the Commission on Appellate Court Appointments, which would lead to partisan gridlock because it also requires a supermajority vote of the AIRC to adopt a map (unlikely), which would then allow the legislature to refer its own alternate maps to the ballot (by simple majority vote), and if approved by the voters, would supersede the maps drawn by the Commission. Thus the legislature is back in the redistricting business again! Bwahahaha!

The Senate Government Committee approved the resolution on a 4-3 partisan vote on Wednesday. The Arizona Capitol Times (subscription required) reports, GOP proposal would restructure Arizona redistricting:

Critics warn that a plan to alter the membership of a commission responsible for drawing Arizona’s congressional and legislative district maps is designed to fail.

Senate President Steve Yarbrough conceded that by increasing the number of members on the Independent Redistricting Commission from five to eight, it’s likely that the commission would face gridlock.

“That is indeed going to create a probable 4-4 (vote) by my own estimation, but that is by design,” the Chandler Republican told the Senate Government Committee, which approved the resolution on a 4-3 partisan vote Wednesday.

Requiring a supermajority to approve maps during redistricting, a highly-contentious process that creates district maps that will be used for the next decade, will require commissioners to find true bipartisan consensus, Yarbrough said.

“I want the most bipartisan and fair process that we can design,” he said.

This is a bald-faced lie. Keep reading for the true reason.

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Mitch McConnell reneges on DACA debate deal (Updated)

Well that didn’t take long …

The Septuagenarian Ninja Turtle, Senate Majority Leader Mitch McConnell, has one again demonstrated that he is a manipulative liar whose word is worthless and who should not be trusted to honor any promise or agreement he makes. Only one day into the open-ended debate on immigration and DACA that the Turtle Man promised, he has reneged on the deal he made with Senate Minority Leader Chuck Schumer.

I have said before that history will not be kind to Mitch McConnell, he will be remembered as one of the worst senators in the history of the U.S. Senate in the pantheon of worst senators.

Joan McCarter at Daily Kos reports:

The Senate debate on immigration has begun and it’s not good. Despite the promise from Majority Leader Mitch McConnell that they would have as much as two weeks of free-wheeling, open amendment debate, he’s already stated his desired outcome: Trump’s complete white supremacist wish list in return for the Dreamers’ path to citizenship. He’s also creating a false threshold for legislation—something that will get 30 Republican votes.

And as for the two weeks of consideration? He sent out his number two guy, the odious Sen. John Cornyn (R-TX), to renege on that, giving the Senate essentially two days.

“This is Sen. (Dick) Durbin and Democrats’ opportunity and so far they kind of seem to be a little confused about what they’re planning on doing — but they better get it done quick because it’s this week or not at all,” said Senate Majority Whip John Cornyn.”We need to get it wrapped up by Thursday,” Cornyn said.

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The Senate begins the DACA debate today

The Senate is doing something highly unusual today in the strictly scripted and tightly controlled Mitch McConnell era: it is beginning an open-ended debate on immigration and DACA legislation.

As Axios reports:

In the words of a senior Senate aide, Mitch McConnell will effectively tell his colleagues: “Listen boys and girls, you all have lots of different ideas about what should be done on immigration. So put your big boy and big girl pants on, and put your ideas on the floor for a vote. Do your best; try to get to 60 votes to pass a bill.”

POLITICO adds, McConnell’s immigration gamble:

Usually careful with his every move, the Senate majority leader is taking a gamble this week with his pledge for a free-for-all debate over the fate of hundreds of thousands of young undocumented immigrants.

No one knows the GOP leader’s endgame, nor how he personally prefers the stalemate over Dreamers be resolved. It’s highly unusual for a Senate majority leader, particularly one as calculating as McConnell, to bring a divisive issue to the floor with no clearly intended result in sight.

Even his top lieutenants aren’t sure whether McConnell would ultimately support a final immigration deal that can clinch the 60 votes needed to clear the Senate.

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Do Arizonans believe in equal rights for all Arizonans, or not? Give HB 2586 a vote

Since at least 1994, to the best of my recollection, a bill has been introduced in the Arizona legislature to amend the Arizona Civil Rights Act to include protections for the LGBTQ community. (Many Arizonans falsely believe that such protections already exist). As I recall, there may have been one year the bill actually got a committee vote — and was defeated — but almost every year the bill does not even get a hearing in the GOP-controlled Arizona legislature.

This remains true even after the U.S. Supreme Court and the Arizona Supreme Court have recognized equal protection for same-sex marriages, and same-sex spouses have the same parental rights as opposite-sex spouses under Arizona law.  Another lawsuit enjoined a 2009 statute that made domestic partners of state employees ineligible for health benefits.

Too many Arizona Republicans resist “the arc of the moral universe [that] bends towards justice,” under “a Constitution that promised its people liberty, and justice, and a Union that could be and should be perfected over time.”

To paraphrase Joseph Welch, “You’ve done enough. Have you no sense of decency, GOP legislators, at long last? Have you left no sense of decency?

The GOP-controlled Arizona legislature is, once again, kowtowing to the hateful lobbyist for religious bigots, Cathi Herrod of the Center for Arizona Policy, whose undue influence over the Arizona legislature makes her “Arizona’s 31st Senator.” It’s time to revoke her status.

The Arizona Republic reports, Bill to bar discrimination against LGBT people can’t get a hearing:

For the first time ever, a proposal to protect LGBTQ people from discrimination in Arizona has gained support from a Republican in the Legislature, along with GOP municipal leaders.

But that doesn’t appear to be enough to get a hearing at the Capitol.

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President Trump withholds Democratic rebuttal memo to Nunes memo

I told you not to hold your breath on President Trump authorizing the release of the Democratic rebuttal memo to the Nunes memo. Trump will not release Democrats’ memo on FBI surveillance:

President Trump will not immediately agree to release a Democratic memo rebutting GOP claims that the FBI abused its surveillance authority as it probed Russian meddling in the 2016 election, but he has directed the Justice Department to work with lawmakers so some form of the document could be made public, the White House counsel said Friday night.

In a letter to the House Intelligence Committee, White House counsel Donald McGahn wrote that the Justice Department had identified portions of the Democrats’ memo that it believed “would create especially significant concerns for the national security and law enforcement interests” if disclosed. McGahn included in his note a letter from Deputy Attorney General Rod J. Rosenstein and FBI Director Christopher A. Wray supporting that claim.

McGahn wrote in his letter that Trump was “inclined to declassify” the Democrats’ memo, but given its sensitive passages, he was “unable to do so.” McGahn wrote that the president had instructed the Justice Department to work with Congress to mitigate those risks.

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Senate Minority Leader Charles E. Schumer (D-N.Y.) said in a statement: “The President’s double standard when it comes to transparency is appalling. The rationale for releasing the Nunes memo, transparency, vanishes when it could show information that’s harmful to him. Millions of Americans are asking one simple question: what is he hiding?” He was referring to the GOP memo, which was produced by the staff of Rep. Devin Nunes (R-Calif.).

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General Kelly’s Willful Ignorance is a Product of Military Culture

By Michael Bryan

People are shocked that Gen. Kelly demonstrably knew that the President’s Staff Secretary, Rob Porter, could not obtain a permanent clearance due to domestic abuse allegations, and yet kept him in a position which required him to handle Top Secret and above materials.

I am not.

As a former prosecutor who has handled hundreds of domestic violence allegations, I handled several dozens of charges against male members of the armed forces. Invariably, if the accused was an officer, the member’s commander reached out to me to inform me of what a fine officer and national security asset the accused was. Rarely did they ask me directly to drop the charges, but they almost always served as character witnesses for the accused. Invariably, I would be informed of the damage that would be done to national security, and the waste of the expensive specialized training the taxpayers had invested in the officer, should he be convicted and be unable to continue his military career. The formal zero-tolerance of domestic violence had led to an informal culture of always believing the best of the man.

I’m sure there exists no formal policy of disbelieving domestic abuse charges against members, but what I observed was a definite culture of men covering for men in the military. Perhaps it was all rationalized as force protection: keeping vital national security assets at the work on behalf of the nation. But the result was a steady pressure to exempt military officers from the consequences of their crimes against women.

Having seen, first-hand, how the military’s culture handles allegations of domestic violence against those whom they consider mission-critical personnel, I am not at all surprised that General Kelly gave Rob Porter the benefit of every possible doubt to keep him at his post.

I have little doubt that the military culture General Kelly marinated in his whole career influence his thinking in his new role. The key difference in his new context is that General Kelly was now confronted with an FBI background report refusing to grant Porter clearance due to credible allegations of abuse. Allegations of domestic abuse arising in such an inquiry are made under the threat of federal felony criminal charges if the women are lying to FBI investigators. That is not “he said, she said”: that is “she said in peril of felony charges, he said without consequences.”

The question in my mind is not “did General Kelly protect Rob Porter from the consequences of his crimes against women,” but “how often has he done so in the past?” To the investigative reporters of the nation I say, look into General Kelly’s command history: I guarantee you this is not the first time he has willfully disbelieved women about the violence of men in his command.

Update: I was just proven correct about this prediction.