Category Archives: IOKIYAR

Democrats will filibuster the stolen seat on the U.S. Supreme Court

With all the craziness going on in Washington this week, one of the critical stories that got buried in the news was the confirmation hearing for Judge Neil Gorsuch to the U.S. Supreme Court.

This was partly due to the fact that Judge Gorsuch is a good actor and he stuck to the well-rehearsed script by being purposefully vague in his answers about his judicial philosophy.

A classic scripted moment was when he was asked the set-up question whether Donald Trump had asked him if he would overturn Roe v. Wade if appointed to the court. Gorsuch put on his most sincere morally righteous face and said “I would have walked out of the room.”

Maybe Judge Gorsuch will be nominated for an Emmy Award this year for best dramatic performance in a television series on C-Span.

The fact is that there are 52 Tea-Publican senators and not one of them is going to vote against Judge Gorsuch. Tea-Publicans purposefully engaged in an unprecedented and unconstitutional blockade of President Obama’s nomination of Judge Merrick Merrick Garland to the Supreme Court, even before they knew the nominee, in order to steal this seat on the Supreme Court. They fully intend to complete their crime against democracy.

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Trump tries to preemptively distract the media from the actual scandal that is just below the surface

In case you have a life away from politics, you may have missed that the always insecure egomaniacal Twitter-troll-in-chief, Donald J. Trump — after media pundits, without justification, declared him “presidential” after his address to Congress on Tuesday — has returned to his old habit of early-morning Twitter rants this weekend.

This time, Trump’s Twitter rant is meant to distract the media with a bright shiny object from the actual scandal that is just below the surface of recent media reports on the Trump-Putin campaign connections. The intelligence agencies have been “following the money” and reviewing intercept surveillance, and they may be close to a bombshell story that is ready to break in the not-to-distant future.

This is a preemptive attempt by the Trump administration to get  out in front of the story and to gin up the conservative media entertainment complex with its comfort zone, Obama Derangement Syndrome.

Remember that Donald Trump emerged from the fever swamps of right-wing paranoia conspiracy theories — he was the head cheerleader of the Obama Birtherism conspiracy theory after all — when you consider his latest Twitter Rant.

The New York Times reports, Trump, Offering No Evidence, Says Obama Tapped His Phones:

President Trump on Saturday accused former President Barack Obama of tapping his phones at Trump Tower the month before the election, leveling the explosive allegation without offering any evidence.

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A spokesman for Mr. Obama said any suggestion that the former president had ordered such surveillance was “simply false.”

The Washington Post similalry reports, Trump accuses Obama of ‘Nixon/Watergate’ wiretap — but offers no evidence.

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The Richard Kleindienst precedent for prosecuting Attorney General Jefferson Beauregard Sessions III

Well, that didn’t take long. Once GOP Congressional leaders began calling for our “Confederate rebel” Attorney General Jefferson Beauregard Sessions III to recuse himself from the Trump-Putin campaign investigations on Thursday, as the New York Times editorializes, Jeff Sessions Had No Choice but to recuse himself, something he should have taken the pledge to do at his Senate confirmation hearings.

A number of GOP leaders are now asserting that Session’s recusal solves the problem, he will simply “amend” his statements to the Senate to “clarify” his remarks, and avoid charges of failure to provide accurate information to Congress or perjury.

These Tea-Publican apologists (IOKIYAR) need to step into Mr. Peabody’s WAYBAC Machine and set the dial to 1972 for the historical precedent of another Attorney General who lied to Congress during his confirmation hearings: Richard Kleindienst.

Richard Painter, a professor at the University of Minnesota Law School who was the chief White House ethics lawyer from 2005 to 2007, explains at the New York Times why Jeff Sessions Needs to Go:

In the wake of Wednesday’s revelation that Attorney General Jeff Sessions spoke with Russia’s ambassador to the United States while working with the Trump campaign, despite denying those contacts during his confirmation hearings, Mr. Sessions recused himself from overseeing any Justice Department investigation into contacts between the campaign and the Russian government. Some members of Congress are saying that’s not enough; they want him to resign.

It’s a bombshell of a story. And it’s one with a clear and disturbing precedent.

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(Update) House Tea-Publicans vote to restrict your constitutional right to make laws

The unrelenting assault on your constitutional rights by the Chamber of Commerce organizations and their lickspittle lackeys in our lawless Tea-Publican legislature continues unabated. The Chambers’ package of bills to take away your constitutional rights passed in the House on Thursday.

The Arizona Republic reports, Arizona House passes bills to restrict citizen initiatives:

In an attempt to gain control over laws proposed by citizens, [Tea-Publicans in] the House on Thursday night approved a package of bills designed to rein in the century-old initiative process enshrined in the Arizona Constitution at statehood.

Opponents say the moves would undercut the power of the people to shape laws, and run counter to the citizen initiative process, while proponents argue lawmakers need the flexibility to fix unforeseen problems that might arise from a ballot measure. The measures now move to the Senate for consideration.

Four bills affect the initiative process. Two ask the voters to review the 19-year-old Voter Protection Act that blocks the Legislature from changing voter initiatives; the other two make changes to the laws governing initiatives. They passed along party lines, with Republicans in support and Democrats opposed, in a contentious session that lasted late into the night.

Even if the bills win Senate approval in the coming weeks, two would need voter approval in November 2018. Two others would go to Gov. Doug Ducey for his signature.

Still pending is a bill that would change the way signatures are gathered on citizen initiative petitions. House Concurrent Resolution 2029 won approval from a committee late Wednesday but was held up from a full vote over questions about its constitutionality.

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McCain: Trump is ‘flirting with authoritarianism’ … that’s ‘how dictators get started’

Our Dear Leader Donald Trump escalated his attacks on the news media Friday afternoon when he tweeted that outlets such as the New York Times, NBC, ABC, CBS and CNN are not his enemy but “the enemy of the American People.” Trump calls the media ‘the enemy of the American People’:

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It took the president two tries to properly post his message . . . The first tweet, which was quickly deleted, contained a number of extra spaces and listed the Times, CNN and NBC, ending with this conclusion: “SICK!” The second tweet added ABC and CBS to the list, while removing “SICK!” Both tweets labeled those organizations as being “the FAKE NEWS media.”

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Thursday night, the Republican Party and Trump’s campaign websites posted a 25-question “Mainstream Media Accountability Survey.” The survey formalized Trump’s attacks and his insinuation that media outlets are working against the American people. It’s unclear what, if anything, the data will be used for, and participants are required to give their name, email address and Zip code.

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The social-media ads driving people to the survey were paid for by the Trump Make America Great Again Committee, a joint fundraising committee that splits its proceeds between Trump’s campaign and the Republican National Committee.

Just to be clear, it is not just the always insecure Twitter-troll-in-chief who is declaring that the “fourth estate” is the enemy of the American people, it is the Republican Party establishment. All Republicans are tarred with Trump’s assault on the media unless they publicly renounce it.

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Some legal analysis of Trump’s Muslim travel ban executive order

I read this woefully inadequate AP report this morning in the Arizona Daily Star which included this passage at the very end of the article without any explanation or analysis that could leave the false impression to readers uninformed in the law that this is a definitive statement of the law. White House predicts courts will reinstate travel ban:

The government had told the appeals court that the president alone has the power to decide who can enter or stay in the United States, an assertion that appeared to invoke the wider battle to come over illegal immigration.

Congress “vests complete discretion” in the president to impose conditions on entry of foreigners to the United States, and that power is “largely immune from judicial control,” according to the court filing.

So let’s begin with some basics. Deborah Pearlstein explains at the Balkinization Blogspot:

[Let’s] start with the basic legal question where the President gets the power to issue an order like this. It turns out to have a straightforward answer: Congress gave him the power in a law passed well before this administration, broadly authorizing the President to “suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants” whenever he finds their entry “would be detrimental to the interests of the United States.” (8 U.S.C. § 1182(f)) It is true that another law provides that no person may be discriminated against in the issuance of a visa on the basis of their “nationality, place of birth, or place of residence.” (8 U.S.C.§ 1152) There is a compelling argument that a court should read this anti-discrimination rule to limit the scope of the President’s power to suspend entries. But there are also arguments government lawyers will try to leverage against such a reading – like the argument that there is a difference between awarding visas and suspending entrance. And different judges read statutes differently.

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