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Today — June 6th 2024U.S.

To the Condescending Cranks Faking Outrage Over Upside-Down Flags

In our modern political dumpster fire, there has never been an art so refined and illustrious as pointless pearl-clutching. 

In this, the ninth year of 2016, most everyone is fairly desensitized to the political drama emanating from the Left’s ardent claims that any conservative policy or protest is an appeal to fascism as their own organizations and protesters set fire to cities (and sometimes themselves).

Republicans pass a bill banning sexually explicit content in public schools from kindergarten to third grade? Florida Democrats and media labeled it fascism.

A U.S. Supreme Court justice’s wife flies a Revolutionary War flag commissioned by George Washington? Salon’s senior writer described Justice Samuel Alito and his wife as “extremely invested in the semiotics of American fascism.”

The New Republic, The Guardian, taxpayer-funded PBS—any time a Republican so much as upholds parliamentary procedure, defends former President Donald Trump, or questions the surge of gang and cartel members amid waves of illegal immigrants—these outlets are ready in the wings to call any to the right of Chairman Mao a fascist.

The latest banner of fascism to be shouted down in a “Two Minutes Hate” session out of George Orwell’s “1984”: flying the flag of the United States upside down. The horror!

As ridiculous as it might sound—the group that has spent the past eight years defending those who burn, shred, and desecrate the U.S. flag is suddenly outraged over many in the nation who have flown the U.S. flag upside down in a symbol of distress over Trump’s political prosecution and conviction.

Many on the Left and precious few on the Right have taken to social media to lambast those who would fly the U.S. flag upside down as “disrespectful,” “treasonous,” and “idol-worshipers.”

Is this the case? Are those who reacted to Trump’s felony convictions in New York City simply bowing at his feet in a brutal backstabbing of the United States? Is this heinous, unspeakable act the very hallmark of fascism and the alleged “cult of personality” that the Left has predicted for almost a century?

Of course not, and you know that.

We needn’t walk down the halls of easily accessible history to discern how this wrist-shattering pearl clutch is both hypocritical and ignorant. But we’ll do so, not out of necessity but because heaping good data en masse against poorly constructed arguments is entertaining.

First and foremost: Flying the flag of the United States upside down is not disrespectful, illegal, treasonous, or even unprecedented.

Although 4 U.S. Code § 8, commonly referred to as the “Flag Code,” isn’t legally enforceable (because U.S. citizens retain First Amendment rights to do with their own flags whatever they wish), flying the flag upside down under appropriate circumstances wouldn’t violate the law.

The law clearly states: “The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.” (The “union” refers to the patch of blue with 50 stars.)

Thousands in the U.S. have flown our flag upside down to express their “dire distress” in such instances over the past century.

Leftists consistently flew the U.S. flag upside down throughout Trump’s presidency to signal their deep disquiet and fear, from Washington state to Louisiana. Democrats in New Jersey resolutely flew the flag upside down in protest of Trump’s inauguration in January 2017. Some Republicans flew their flags upside down when Barack Obama was reelected in 2012.

The American flag has been flown upside down as “a tribute to veterans’ sacrifice,” and was one of the many symbols of protest against the Vietnam War used by leftist demonstrators in the 1960s.

The Flag Code doesn’t specify what “extreme danger to life or property” entails, nor does it restrict such interpretation to a physical danger or a political one. Might there be a situation today in which many Americans feel in deep distress over a perceived danger to the life and property of their republic?

Never before in American history has a former president, much less one running for office again, been charged and convicted in such a kangaroo-court fashion that even his political adversaries note the insanity of the circumstances.

In an extremely heated presidential election campaign, indicting one of the two frontrunners would be considered enough of an anathema—but the case of New York v. Trump was more than precarious, it was a circus. 

Manhattan District Attorney Alvin Bragg, a Democrat, ran on the promise of doing anything he could to find something to indict Trump with. Outside his jurisdiction, Bragg used a federal election statute—which the Federal Election Commission already had stated Trump didn’t violate—as a convoluted lever to turn 34 counts of “falsifying business records,” misdemeanors that by this point were outside New York’s statute of limitations, into felonies.

As if that weren’t enough, Judge Juan Merchan refused to allow a former chairman of the Federal Election Commission to testify, refused to allow the defense to speak to the jury before deliberation, and informed jurors that to convict they didn’t have to reach a unanimous decision on what crime was committed.

Such actions by Merchan set a nation on fire even as trust in institutions already was wavering.

Elie Honig, a former federal and state prosecutor, wrote for New York magazine, an extremely liberal publication: “Prosecutors got Trump—but they contorted the law.” Honig pointed out that never before in U.S. history has there been a state prosecution using federal election law.

You’ll notice that I haven’t mentioned Trump’s sex life, his character, or his business decisions—in fact, many of those expressing extreme distress at this forded Rubicon aren’t being protective of Trump like he was some kind of nonsensical religious idol. 

Sens. Mitch McConnell, R-Ky, and Mitt Romney, R-Utah, who have spent the past few years as Trump’s chief opposition within the GOP, both called this case and conviction despicable. 

When a reporter asks President Joe Biden whether he used this case to politically persecute Trump and he casts a wicked grin in her direction, how is the nation supposed to respond?

Reporter: "President Trump refers to himself as a political prisoner and blames you directly. What's your response to that, sir?"

Biden: *smiles*pic.twitter.com/CZY8JUMvKO

— Michael Knowles (@michaeljknowles) May 31, 2024

Why is the left side of the aisle afforded the right to ride through towns and cities shouting about the impending doom of the republic like some bastardized caricature of Paul Revere, and the right side isn’t allowed to call out the very sham John Adams unpopularly fought in court to prevent?

Spare me your clutched pearls, neoconservatives. Your faux dignity and condescension at the concerns of Americans whose carcass of a justice system is paraded openly don’t move me. 

I don’t have to defend Trump’s personal life and sign onto a “cult of personality” to recognize that each of us has a right to be free from political persecution and election interference. 

Commentator Alyssa Farah’s silly claims that flying the flag upside down signals “selling out” are as pathetic and hypocritical as the rest of the cast of “The View” with whom she clucks and quacks about abortion rights, gun confiscation, and anti-Catholicism.

Whistling past the graveyard and sending a “strongly worded letter” have only mired us further in the muck of Third World antics.

I reserve the right to fly my flag upside down to signal my extreme distress at this danger to the life and property of the republic I love, and I’ll do so whenever I find it appropriate.

The post To the Condescending Cranks Faking Outrage Over Upside-Down Flags appeared first on The Daily Signal.

Before yesterdayU.S.

Trump Lawyer: If Necessary We Will Take Conviction Appeal to Supreme Court

By: Pam Key · Pam Key

Donald Trump's attorney Will Scharf said Sunday on ABC's "This Week" that former President Donald Trump's legal team will appeal the former President's guilty verdict in the New York business document trial all the way to the U.S. Supreme Court if necessary.

The post Trump Lawyer: If Necessary We Will Take Conviction Appeal to Supreme Court appeared first on Breitbart.

Maher: Alito Flag Reporting Wasn't 'Full Story' -- 'Nobody Owns' George Washington, 'Appeal to Heaven' Flag

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher criticized the attacks on Supreme Court Justice Samuel Alito over the “Appeal to Heaven” flag by stating that we didn’t get the full story about the flag from the initial

The post Maher: Alito Flag Reporting Wasn’t ‘Full Story’ — ‘Nobody Owns’ George Washington, ‘Appeal to Heaven’ Flag appeared first on Breitbart.

Supreme Court Rules 9-0 New York Violated NRA’s First Amendment Rights, Good News for Trump

The National Rifle Association (NRA) won at the Supreme Court against New York and the anti-gun movement Thursday, unanimously ruling that the NRA’s First Amendment rights were violated by politicians who oppose the Second Amendment, in a major victory with implications for former President Trump.

The post Supreme Court Rules 9-0 New York Violated NRA’s First Amendment Rights, Good News for Trump appeared first on Breitbart.

San Francisco Removes 'Appeal to Heaven' Flag After Alito Controversy

The city of San Francisco has removed the Revolutionary War-era "Appeal to Heaven" flag featuring a pine tree following the controversy with Supreme Court Justice Samuel Alito.

The post San Francisco Removes ‘Appeal to Heaven’ Flag After Alito Controversy appeared first on Breitbart.

Supreme Court Justice Sonia Sotomayor Admits She Cries After Conservative Rulings

Supreme Court Justice Sonia Sotomayor, who almost always sides with the liberal wing on decisions, admitted to sometimes crying after certain rulings in favor of the conservatives.

The post Supreme Court Justice Sonia Sotomayor Admits She Cries After Conservative Rulings appeared first on Breitbart.

Whitehouse: 'Rogue' Justices Thomas, Alito Have Violated Federal Laws

By: Pam Key · Pam Key

Senator Sheldon Whitehouse (D-RI) said Friday on MSNBC's "Katy Tur Reports" that Justice Clarence Thomas and Justice Samuel Alito went "rogue" violating federal laws.

The post Whitehouse: ‘Rogue’ Justices Thomas, Alito Have Violated Federal Laws appeared first on Breitbart.

Jeffries Calls SCOTUS Justices 'MAGA Extremists'; Says Congress Must Get High Court 'Under Control'

By: Pam Key · Pam Key

House Minority Leader Hakeem Jeffries (D-NY) said Friday on MSNBC's "Deadline" that the "MAGA extremists" on the Supreme Court must be controlled with a "legislative effort to implement an ethical code of conduct."

The post Jeffries Calls SCOTUS Justices ‘MAGA Extremists’; Says Congress Must Get High Court ‘Under Control’ appeared first on Breitbart.

Hakeem Jeffries: If Roe v. Wade Can Fall 'Democracy Can Fall'

By: Pam Key · Pam Key

House Minority Leader Hakeem Jeffries (D-NY) said on Friday on MSNBC's "Deadline" that if the Supreme Court can overturn Roe v. Wade, then "democracy can fall."

The post Hakeem Jeffries: If Roe v. Wade Can Fall ‘Democracy Can Fall’ appeared first on Breitbart.

Blumenthal: Alito Is 'Unfit to Serve,' At a Minimum He Must Recuse from All Trump Cases

By: Pam Key · Pam Key

Senator Richard Blumenthal (D-CT) said Wednesday on MSNBC's "All In" that Supreme Court Justice Samuel Alito is "unfit to serve" and should recuse himself from cases involving former President Donald Trump while discussing reports about an "Appeal to Heaven" flag and an inverted U.S. flag flying at his residences.

The post Blumenthal: Alito Is ‘Unfit to Serve,’ At a Minimum He Must Recuse from All Trump Cases appeared first on Breitbart.

Bipartisan Bill Injects Progressive Quotas into Everyday Software

Congress is pushing forward with a data regulation bill that would trap Americans in a hidden tangle of quotas inside private software, says Stewart Baker, an influential lawyer in Washington, DC.

The post Bipartisan Bill Injects Progressive Quotas into Everyday Software appeared first on Breitbart.

Will Democrats Pay a Price for Their Crumbling Lawfare Strategy Against Trump?

President Joe Biden, who wears bespoke sneakers to prevent embarrassing collapses and whose command of the English language rivals that of most kindergartners, is in bad political shape. 

It is unsurprising that Democrats have resorted to some of the slimiest tactics imaginable to derail President Donald Trump’s comeback bid and push their senile octogenarian across the November finish line. Properly skeptical of their chances to topple Trump in a fair mano-a-mano, the Democrat-lawfare complex in 2023 conjured up four separate criminal prosecutions—two federal probes and two state probes—targeting the 45th president. After all, if you can’t beat him, then … prosecute and incarcerate him! All in the name of “our democracy,” naturally.

Suffice it to say that the Democrat-lawfare complex’s brazen, cynical attempt to subvert our constitutional order in the name of saving it has not gone according to plan.

In Washington, D.C., Special Counsel Jack Smith’s crown-jewel case against Trump, pertaining to the 2020 presidential election and the Jan. 6 jamboree at the U.S. Capitol, has been interrupted by the U.S. Supreme Court. The justices stepped in to assess the thorny constitutional question of the scope of immunity from criminal prosecution for former presidents, and a decision is not expected until late June.

The most likely result is a mixed opinion that holds some “core” Article II presidential functions are immune from post-presidency prosecution, but other acts are not. This would require a remand to the trial court for fact-finding to determine which legal category the acts in Smith’s indictment fall into. That trial court finding could then be appealed, too. There is virtually no chance Smith can wrap this all up before November.

In Florida, Smith’s other federal case has not been more successful. The Florida prosecution, pertaining to Trump’s post-presidency handling of classified documents at his Mar-a-Lago estate, had at least some potential on the legal merits. But Smith wildly overplayed his hand by charging Trump with violating the controversial World War I-era Espionage Act, and the proceedings have frequently been set back due to the strenuous demands of the Classified Information Procedures Act—a 1980 statute first introduced in the Senate, ironically, by then-Sen. Joe Biden, D-Del.

Recently, Judge Aileen Cannon indefinitely postponed the trial start date, which had initially been scheduled for May 20. There is again little to no chance Smith can reach a jury before November.

The case in Fulton County, Georgia, which once seemed the most perilous of them all due to Georgia’s sprawling Racketeer Influenced and Corrupt Organizations Act, the far-left Atlanta jury pool, and the potential for high-profile prosecution witnesses, has gone totally off the rails. Ever since January, the only questions in the case have not been substantive legal issues such as whether Trump oversaw a grand conspiracy to “overturn an election,” but tabloid fodder such as whether Fulton County District Attorney Fani Willis and her illicit extramarital lover and appointed special prosecutor, Nathan Wade, are too compromised to bring the case.

The trial court’s finding that only one of them must recuse is now pending before a Georgia appellate court, and it is likely the Supreme Court of Georgia will weigh in, too. This case isn’t reaching a jury before November, either.

That leaves the ongoing drama in New York City, where a literal porn “star” (Stormy Daniels) and a convicted felon (Michael Cohen) are aiding the George Soros-funded prosecutor’s case of … well, he hasn’t exactly told us what it is. We surmise the case entails alleged New York State fraudulent bookkeeping charges in furtherance of a federal campaign finance law violation—which doesn’t even fall into the local district attorney’s jurisdiction.

The prosecution is about to rest its case, and we don’t even know for sure what the actual black-letter legal case is. On Thursday, the “star witness” convicted felon’s testimony was so bad that far-left CNN anchor Anderson Cooper remarked: “I think if I was a juror in this case watching that, I would think this guy is making it up as he’s going along.”

Brutal.

The Democrats’ strategy is failing. But it is up to the American people to make them pay for it.

COPYRIGHT 2024 CREATORS.COM

The Daily Signal publishes a variety of perspectives. Nothing written here is to be construed as representing the views of The Heritage Foundation. 

The post Will Democrats Pay a Price for Their Crumbling Lawfare Strategy Against Trump? appeared first on The Daily Signal.

Dulis: NYT Suggests, Without Evidence, Justice Samuel Alito Sent 'Stop the Steal' Message Outside His Home

It's a dream scoop for the New York Times: Supreme Court Justice Samuel Alito displayed a "Stop the Steal" symbol outside his house! Unfortunately for the Times and reporter Jodi Kantor, there isn't any real evidence for that headline -- only a heaping helping of BlueAnon fever-swamp paranoia.

The post Dulis: NYT Suggests, Without Evidence, Justice Samuel Alito Sent ‘Stop the Steal’ Message Outside His Home appeared first on Breitbart.

Clinton: Supreme Court Doing 'Grave Disservice' by Not Deciding Trump Immunity

By: Pam Key · Pam Key

Former Secretary of State Hillary Clinton said Thursday on MSNBC's "Morning Joe" that the Supreme Court is doing a "grave disservice" to the nation by delaying its ruling on former President Donald Trump's presidential immunity claim.

The post Clinton: Supreme Court Doing ‘Grave Disservice’ by Not Deciding Trump Immunity appeared first on Breitbart.

House Passes Bill to Restore Citizenship Question to Census

Legislation adopted Wednesday by the House of Representatives would restore a question about U.S. citizenship to the 2030 census, potentially reshaping congressional representation and the Electoral College.

Lawmakers voted, 206-202, to pass the Equal Representation Act, a bill championed by Reps. Chuck Edwards, R-N.C., and Warren Davidson, R-Ohio. (See how your representative voted.) Sen. Bill Hagerty, R-Tenn., introduced the Senate version, which Republicans overwhelmingly supported in a March vote.

With millions of illegal aliens residing in the United States—a problem exacerbated by the Biden administration’s border policies—the legislation aims to protect Americans’ electoral power and congressional representation by ensuring foreign citizens aren’t counted in the census.

“If you are an illegal immigrant, you should not be represented in the U.S. Congress,” House Majority Whip Tom Emmer, R-Minn., told The Daily Signal. “It’s a shame that House Democrats are allowing their open-borders agenda to get in the way of common sense.”

One of those Democrats openly acknowledged the benefits of counting illegal aliens. Rep. Yvette Clarke, D-N.Y., admitted, “We have a diaspora that can absorb a significant number of these migrants. … I need more people in my district just for redistricting purposes.”

Democrat Congresswoman Yvette Clarke on illegal immigrants in America:

"I need more people in my district just for redistricting purposes."

The end game: Dems are willing to destroy what it means to be an American citizen to help themselves politically. pic.twitter.com/3XmBDqYEsH

— Steve Guest (@SteveGuest) January 9, 2024

After being in all but one census from 1820 to 2000, the citizenship question was abandoned in the 2010 questionnaire during the Obama administration. The Trump administration attempted to restore the citizenship question for the 2020 census, but a divided Supreme Court ruled against its approach, and the idea was abandoned.

The Equal Representation Act would require the citizenship question on the 2030 census and each decennial census that follows.

The Trump administration attempted to restore the citizenship question for the 2020 census. A divided Supreme Court ruled against its approach, and the idea was abandoned. (Photo: Smith Collection/Getty Images)

Heritage Action, an independent partner of The Heritage Foundation, advocated for passage of the Equal Representation Act. The organization scored Wednesday’s vote on HR 7109. (The Heritage Foundation created The Daily Signal in 2014.)

Ryan Walker, Heritage Action’s executive vice president, faulted the Obama administration for undoing nearly 200 years of precedent. Walker said the consequences of inaction are significant, given the ongoing border crisis.

“Illegal immigrants and other noncitizens cannot vote, and should not be given the power to sway our elections or congressional maps—especially in light of Joe Biden’s border crisis that has brought more than 10 million people into our country,” Walker said. “The Equal Representation Act puts electoral power back in the hands of those with the right to vote—American citizens—something every member of Congress must protect.”

The House version amassed 114 co-sponsors and was approved by the House Committee on Oversight and Accountability in April on a 22-20 vote.

Illegal aliens should have ZERO influence in our electoral process.

You don't get to come to our country, break our laws, and then be included in congressional apportionment.

That's why I cosponsored the Equal Representation Act, which the House will vote on tonight.

— Rep. Eric Burlison (@RepEricBurlison) May 8, 2024

“Members of Congress represent U.S. citizens, not foreigners,” said Davidson, the bill’s co-sponsor. “Under the Democrats’ open-border policies, sanctuary cities and states inflate their population with illegal aliens. Then they’re rewarded with more congressional representation by a census that counts illegals. The inflated count is then used to draw congressional maps, undermining fair representation for our citizens.”

Edwards stressed only American citizens can legally vote, “so, only American citizens should be counted when determining federal representation.”

Hagerty forced a vote on the Equal Representation Act in March. It ultimately failed, 51-45, although only one Republican, Sen. Lisa Murkowski of Alaska, voted against it. Three other Republicans didn’t vote.

The post House Passes Bill to Restore Citizenship Question to Census appeared first on The Daily Signal.

The Liberal Freakout Sweepstakes

(Steven Hayward)

Last week I observed in “Liberal Fragility” how liberal law professors supposedly break down in tears they are so depressed that the Supreme Court has taken a turn away from the palmy days of their beloved Warren Court (which, recall, Barack Obama once said did not go far enough in the direction of true “equality”). Just imagine how much Xanax is being ingested after yesterday’s Supreme Court ruling that leaves Trump on the ballot.

I expected something like this from Keith Olbermann:

Dissolve the Court! Remind me again who is the threat to democracy and trasher of “democratic norms”? Almost makes you long for the good old days of court-packing.

But I hadn’t expected that a supposed conservative could be equally idiotic, but then the side-effects of Trump Derangement Syndrome, for which there is no vaccine, appear to be even worse that I thought:

Supreme Court: Trump on ballot

(Scott Johnson)

The Supreme Court has held 9-0 that the Colorado Supreme Court erred in blessing the disqualification of Donald Trump from the state’s primary election ballot under section 3 of the Fourteenth Amendment. The Court’s opinion is per curiam. Justice Barrett concurs in part and concurs in the judgment. Justices Sotomayor, Kagan, and Jackson concur in the judgment (i.e., the result). The Court’s opinions are posted online here.

The Court’s per curiam opinion commanded a majority and its reasoning represents the law. It rests substantially on the exclusive power of Congress to enforce section 3 against candidates for federal office, “especially the presidency.”

Does the opinion leave open the possibility that Congress might refuse to certify Trump as president if he were to be elected president on the ground that he is guilty of insurrection? If Congress has not prescribed any means other than conviction of the crime of insurrection to make the determination underlying application of section 3, I doubt it. See opinion at 10. However, I may be mistaken. Perhaps the opinion cannot be read that broadly.

The opinion concludes (emphasis in original, citations omitted):

All nine Members of the Court agree with that result. Our colleagues writing separately further agree with many of the reasons this opinion provides for reaching it. So far as we can tell, they object only to our taking into account the distinctive way Section 3 works and the fact that Section 5 vests in Congress the power to enforce it. These are not the only reasons the States lack power to enforce this particular constitutional provision with respect to federal offices. But they are important ones, and it is the combination of all the reasons set forth in this opinion—not, as some of our colleagues would have it, just one particular rationale—that resolves this case. In our view, each of these reasons is necessary to provide a complete explanation for the judgment the Court unanimously reaches.

Read the whole thing here.

UPDATE: Although he characterizes it as a 5-4 decision, Andrew McCarthy supports my reading of the per curiam opinion: “What that means is that if Donald Trump were to win the presidential election, congressional Democrats would not be able — in the next January 6 joint session of Congress — to refuse to ratify his victory on the grounds that he is an insurrectionist. Under the Court’s holding, it is now a prerequisite to enforcement of the Section 3 disqualification that a person must have been convicted under the insurrection statute.”

Clarence Thomas, Racist?

(John Hinderaker)

One of the big stories in the New York Times today is another Clarence Thomas smear, but with a twist: “Justice Thomas Hires Law Clerk Accused of Sending Racist Text Messages.”

The story is about Crystal Clanton, who graduated from the Antonin Scalia Law School at George Mason University in 2022. She is coming off a clerkship with Judge William Pryor of the 11th Circuit, who calls her “an outstanding law clerk.” Justice Thomas has now hired her to clerk on the Supreme Court.

For the last seven years, Crystal Clanton has been dogged by reports of an email that she allegedly wrote, in which she supposedly said, “I hate black people.” The Times story admits that they have not seen any such message, and are relying on reporting by the New Yorker’s Jane Mayer, perhaps the least trustworthy source in America.

In 2017, Clanton was running field operations for Turning Point USA. Mayer did a hit piece on Turning Point that included a variety of allegations, including the one against Clanton. Mayer claimed to have seen a screen shot of the text. The story has dogged Clanton ever since. When she was offered a clerkship on the 11th Circuit by Judge Pryor, seven left-wing members of Congress lodged an ethics complaint against Pryor, based on Clanton’s alleged text. That complaint was investigated by the Second Circuit Court of Appeals, which found the complaint to be without merit and dismissed it.

This January 2022 story has the details. Clanton left Turning Point after the claim against her was first made, but the Second Circuit found it to be false:

The Turning Point executive “had determined that the source of the allegations against (Clanton) was a group of former employees,” [Second Circuit Chief Judge Debra] Livingston wrote. “One of these employees was fired after the organization learned that this person had created fake text messages to be used against co-workers, to make it appear that those co-workers had engaged in misconduct when they had not.”

Pryor and Maze knew about the allegations against Clanton when they interviewed and hired her. And both determined the allegations of racist behavior by Clanton were untrue and found she was highly qualified to serve as a clerk for them, Livingston wrote.

“There is nothing in the record to dispute any of this,” she noted.

Charlie Kirk is also quoted in that story:

“The media has alleged that Crystal said and did things that are simply untrue,” Kirk wrote. “I have first-hand knowledge of the situations reported on and I can assure that the media has made serious errors and omissions. The sources of these reports are a group of former employees that have a well-documented desire to malign Crystal’s reputation.”

The employee who was fired had “created fake text messages to be used against other employees,” Kirk wrote.

Crystal Clanton got to know Ginny Thomas when she worked at Turning Point, and she was evidently so distraught about her departure from that group that she lived with the Thomases for nearly a year. So Thomas knows her well. He wrote a letter in connection with the Second Circuit investigation:

“I know Crystal Clanton and I know bigotry,” Thomas wrote. “Bigotry is antithetical to her nature and character.”

Clanton didn’t respond to the Times’s request for comment in the story they published today, but back in 2017 she told The New Yorker that “I have no recollection of these messages and they do not reflect what I believe or who I am, and the same was true when I was a teenager.”

So there the matter rests. The moral of the story, I suppose, is that the Left never forgets. No matter that she was cleared by an investigation by one of the nation’s courts of appeals; once the Left gets its hands on a smear it never lets go. It will never stop trying to destroy your life. And of course, The New Yorker and the New York Times are two of the worst offenders.

Also, what makes this old story worthy of the Times’s A section? Only the fact that Justice Thomas is involved. The Times doesn’t care about a law clerk of whom few people have heard, but it cares deeply about smearing the country’s top conservative African-American. But what, exactly, are we supposed to infer from the Times story? That Clarence Thomas is weirdly favorable to those who hate black people?

A final irony: Supreme Court justices have no doubt hired any number of clerks who have written and spoken favorably about DEI, which actually is racist. But there is no controversy there: on the contrary, endorsing that form of racism is a badge of honor.

Democrat Denialists

(John Hinderaker)

In 2001, 2005 and 2017, some Democrat House members objected to the certification of electoral votes for the winning Republican presidential candidate. Those objections, while “denialist,” were only symbolic. But Democrat leaders in the House are now suggesting that if they control that body following November’s election–as they well might–they may refuse to allow a victorious Donald Trump to take office.

The Atlantic did the original reporting, behind a paywall. This is from the Election Law Blog:

Murray and other legal scholars say that, absent clear guidance from the Supreme Court, a Trump win could lead to a constitutional crisis in Congress. Democrats would have to choose between confirming a winner many of them believe is ineligible and defying the will of voters who elected him. …

In interviews, senior House Democrats would not commit to certifying a Trump win, saying they would do so only if the Supreme Court affirms his eligibility. But during oral arguments, liberal and conservative justices alike seemed inclined to dodge the question of his eligibility altogether and throw the decision to Congress.

“That would be a colossal disaster,” Representative Adam Schiff of California told me. “We already had one horrendous January 6. We don’t need another.” …

The choice that Democrats would face if Trump won without a definitive ruling on his eligibility was almost too fraught for Representative Jamie Raskin of Maryland to contemplate. He told me he didn’t know how he’d vote in that scenario. As we spoke about what might happen, he recalled the brutality of January 6. “There was blood all over the Capitol in the hypothetical you posit,” Raskin, who served on the January 6 committee with Schiff, told me….

The Democrats have become so insane on the subject of Donald Trump that it is hard to know which of their mutterings to take seriously. But if Trump wins the election and a Democrat-controlled House refuses to certify his election on the ground that he is an “insurrectionist” under the 14th Amendment, we will be past the point of a constitutional crisis. If that happens, the only realistic path forward will be disunion, possibly accompanied by civil war, but preferably not.

This is one reason why the Supreme Court should put the 14th Amendment theory out of its misery, once and for all. It is obvious that the drafters of that amendment meant the just-concluded Civil War, in which 600,000 Americans lost their lives, when they referred to “insurrection or rebellion” against the United States. In contrast, the January 6 protest was not one of the 50 most destructive riots of the last few years, and the only person killed was Ashli Babbitt. Not a single participant in the protest was arrested in possession of a firearm. Some insurrection!

In the interest of preserving the Republic, the Supreme Court should rule definitively that Section 3 of the 14th Amendment does not apply to Donald Trump.

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