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☑ ☆ ✇ Politics – The Daily Signal

Democrats’ Lawfare Proves Politically Impotent, Likely to Come Back to Haunt Them

By: Josh Hammer — June 7th 2024 at 16:15

Nearly 14 months after the first of four unprecedented criminal prosecutions against former President Donald Trump commenced in earnest, the Democrat-lawfare complex got its man: The Soviet show trial in “Justice” Juan Merchan’s dingy New York City courtroom produced its preordained “guilty” verdict.

It is perhaps hackneyed to observe that, in convicting and seeking to incarcerate a former president and current leading presidential candidate, we have “crossed the Rubicon.” Well …

  • Did we not cross a Rubicon when the demonic Obama administration sued the nuns—yes, literal nuns—of the Little Sisters of the Poor to try to force them to subsidize abortifacients?
  • Did we not cross a Rubicon when Democrats threw out 4,000 to 5,000 years of “innocent until proven guilty” civilizational norms to try to derail the U.S. Supreme Court confirmation of Brett Kavanaugh?
  • Did we not cross a Rubicon when then-vice presidential candidate Kamala Harris solicited funds to bail out anarchic Antifa-Black Lives Matter street hooligans?
  • Did we not cross a Rubicon when the American Stasi—sorry, the FBI—raided Mar-a-Lago over a document dispute?
  • Did we not cross a Rubicon when myriad Trump attorneys, including the renowned scholar John Eastman, were prosecuted for practicing the legal profession?
  • Did we not cross a Rubicon when Peter Navarro or Steve Bannon (just now) were ordered to jail?

The Rubicon, truthfully, is a shallow, inconsequential river in Italy. That it is so shallow helps explain why Julius Caesar was able to cross it so easily. At this juncture in American history, it no longer suffices to speak of crossing a Rubicon. We are now rapidly crossing great seas—perhaps even circumnavigating the globe. You might call President Joe Biden and the rest of the Democrat-lawfare complex our modern-day Magellans.

Ruinous or not, however, their precedent has now been set. And that raises the obvious question: For Democrats, will all of this, and especially their multifront anti-Trump lawfare, prove to be worth it?

That obvious question, in turn, has an equally obvious answer: absolutely, positively not.

First, Democrats do not seem to be getting much of a bump in the early polls after last week’s verdict. In each of the two major national polls that have been conducted exclusively after the verdict, from pollsters Emerson College and Morning Consult, Trump leads by one point. As even the liberal Washington Post conceded on Thursday, “Other polls conducted before and after the verdict suggest between no change and a two-point shift toward Biden. The shifts are quite a bit smaller than pretrial polls suggested they could be.”

Considering that Trump was already leading in most national horse race polling and that the Republican Party currently has a built-in Electoral College advantage wherein its presidential candidate can slightly lose the popular vote while still prevailing in the electoral vote, the Biden-Harris campaign ought to be worried.

Democrats’ lawfare isn’t winning over many swing voters.

Former President Donald Trump sits in the courtroom May 30 during his since-ended “hush money” trial in New York City. Democrats got their preordained “guilty” verdict, but there’s no evidence it gave them the polling bump they hoped for. (Photo: Michael Santiago/Getty Images)

Second, the damage the Democrat-lawfare complex has caused to the American public’s faith and trust in the justice system is simply astronomical—and likely irreparable. Even prior to the onslaught of Trump indictments filed last year, many of us “deplorables” were already convinced we have a two-tier system of justice in this country: Consider the wholly disparate prosecutorial treatment of the BLM-Antifa rioters and the “J6-ers” present during the Jan. 6 U.S. Capitol jamboree, for instance.

But the Democrat-lawfare complex’s serial overreaches have now removed any doubt as to the blatant impartiality and patent unfairness of our regnant legal order. It is impossible not to be jaded or cynical. Leviticus 19:15 commands: “You shall commit no injustice in judgment; you shall not favor a poor person or respect a great man; you shall judge your fellow with righteousness.”

Does anyone think this describes America today?

Third, the Right finally seems to be snapping out of its long lull and beginning to gear itself for pitched battle against a domestic foe that wants to punish us, prosecute us, subjugate us, and remove us from the entirety of American public life. That portends poorly for leftists.

My friend John Yoo, the Bush-era Justice Department official and law professor normally a bit less pugnacious than yours truly, opined: “Repairing this breach of constitutional norms will require Republicans to follow the age-old maxim: Do unto others as they have done unto you.”

Megyn Kelly, the influential broadcaster who has had a complex relationship with Trump going back to the 2016 GOP presidential primary, said after the verdict: “I’m going to utter words I never thought I would utter in my life: We need Steve Bannon.” The famously combative Bannon appears headed for an unjust four-month prison sentence in a few weeks, but her point stands.

Democrats have no idea what they have unleashed. Perhaps worse, they don’t even care.

COPYRIGHT 2024 CREATORS.COM

We publish a variety of perspectives. Nothing written here is to be construed as representing the views of The Daily Signal.

The post Democrats’ Lawfare Proves Politically Impotent, Likely to Come Back to Haunt Them appeared first on The Daily Signal.

☑ ☆ ✇ Politics – The Daily Signal

When Lady Justice Lifts Blindfold From Over Her Left Eye Only

By: Deroy Murdock — June 6th 2024 at 14:15

Many things human come in pairs. Eyes, ears, hands, feet, and lungs appear in twos. Even a single nose features two nostrils.

In this context, America’s new, two-track justice system might be perfectly natural: One for the Left—in which they suffer few consequences, if any, for their misdeeds—and one for the Right, in which arrests, trials, and prison sentences are routine.

After the Supreme Court’s current term ends later this month, masons should spend this summer re-chiseling the marble above its columns. Out with “Equal Justice Under Law.” In with “Bipolar Justice for All!”

Black Lives Matter and Antifa thugs on the Left spent the summer of 2020 yanking statues from pedestals, torching police precincts, and otherwise unleashing total mayhem. Then-Sen. Kamala Harris promoted a legal-defense fund to free arrestees. Few paid any price for the “fiery but mostly peaceful” George Floyd riots.

A peaceful demonstrator shares his opinion at a Black Lives Matter march on June 14, 2020, in Los Angeles. Few, if any, of his more violent BLM compatriots suffered any legal consequences for their anything but “mostly peaceful” actions after the killing of George Floyd less than three weeks earlier. (Photo: Rodin Eckenroth/Getty Images)

The Jan. 6 hoodlums on the Right who shattered windows and smashed doors to breach the U.S. Capitol deserve serious prison time. But other protesters naively entered after Capitol Police waved them in.

“Hey, look. It’s open house!” some might have thought.

Many of these accidental tourists are in huge trouble. Arkansas’ Daniel Hatcher entered the Capitol, snapped some photos for two minutes, and walked out. The FBI arrested Hatcher in Little Rock last Feb. 13. He now faces federal charges.

Left-wing Deep State functionaries John Brennan, James Clapper, James Comey, Peter Strzok, and Andrew Weissmann advanced the Russia Hoax, which bedeviled the Trump administration and divided America for three years. Each of these men scored a book contract and a TV deal. Literally.

On the Right, Russiagate ensnared Trump aides Paul Manafort, Rick Gates, George Papadopoulos, Gen. Michael Flynn, and Roger Stone. All were sentenced to prison. Trump pardoned Flynn and Stone. Gates served house arrest. Manafort and Papadopoulos went to the slammer.

The quintessence of these two systems involves 2016’s presidential nominees and how they separately tried to influence that election.

On the Left, Hillary Rodham Clinton’s campaign paid $175,000 to Democratic law firm Perkins Coie, which engaged opposition-research shop Fusion GPS. It hired former British spy Christopher Steele. He wrote a baseless “Dirty Dossier” that hallucinated ties between Trump and the Kremlin. Team Clinton leaked this fraudulent report, which BuzzFeed published. And the Russia Hoax was off to the races.

On the Right, Trump was accused of reimbursing his then-attorney, Michael Cohen, for paying porn star Stormy Daniels $130,000 to clam up about an alleged affair with Trump that both of them have denied.

As former Justice Department official John B. Daukas wrote in the American Spectator: “So, Hillary Clinton is found to be liable for mislabeling payments for the Steele Dossier as legal fees and gets an $8,000 civil fine; Trump has been found guilty of mislabeling nondisclosure payments as legal fees and is a convicted felon.”

As Yogi Berra might have said: “Only in America.”

Clinton went on to write books, deliver lectures, and whine loudly about why she lost to a real-estate magnate and TV personality on his first political campaign. Notwithstanding emotional scars, she is out a whopping eight grand.

Trump, meanwhile, endured a six-week trial that kept him off the campaign trail for four days each week, cost him undisclosed millions in—not to coin a phrase—legal expenses, and added abundant stress to his already high-pressure life. He awaits sentencing on July 11 and could receive four years for each of the 34 counts on which he was convicted. Total: 136 years in the big house.

But is this really so wrong?

If good things come in pairs, perhaps this applies to justice.

Rather than complain about two paths to justice, one Left and one Right, maybe conservatives should celebrate this development. After all, the truth about pectoral muscles also might apply to justice systems: “One is not enough, and three are too many.”

We publish a variety of perspectives. Nothing written here is to be construed as representing the views of The Daily Signal.

The post When Lady Justice Lifts Blindfold From Over Her Left Eye Only appeared first on The Daily Signal.

☑ ☆ ✇ Politics – The Daily Signal

Sens. Daines, Paul Join Republican Effort to Stop Democrat Agenda Post-Trump Verdict

By: Elizabeth Troutman — June 5th 2024 at 15:35

Two more Republican senators are joining the effort to stop the Senate Democrats’ agenda Wednesday in response to former President Donald Trump’s guilty verdict in a New York trial.

Sens. Steve Daines, R-Mont., and Rand Paul, R-Ky., are signing on to a Senate Republican letter vowing to oppose Democratic legislative priorities, a spokeswoman told The Daily Signal.

Eleven Republican senators vowed to oppose Democrats’ legislative priorities and nominations in a letter released Friday.

“Enough is enough,” Daines said in an emailed statement to The Daily Signal Wednesday. “Joe Biden and his Democrat allies weaponized our judicial system and undermined the American people’s trust in our government. I will not stand by as the Left’s radical agenda tears apart the fabric of our nation and threatens our Montana way of life.”

Paul’s office did not respond to The Daily Signal’s request for comment by time of publication.

The senators’ letter accuses the White House of making “a mockery of the rule of law and fundamentally alter[ing] our politics in un-American ways.”

“As a Senate Republican conference, we are unwilling to aid and abet this White House in its project to tear this country apart,” the letter reads. “To that end, we will not 1) allow any increase to non-security related funding for this administration, or any appropriations bill which funds partisan lawfare; 2) vote to confirm this administration’s political and judicial appointees; and 3) allow expedited consideration and passage of Democrat legislation or authorities that are not directly relevant to the safety of the American people.”

With Daines and Paul, the letter now has 13 signatories:

  1. Sen. Mike Lee, R-Utah
  2. Sen. JD Vance, R-Ohio
  3. Sen. Tommy Tuberville, R-Ala.
  4. Sen. Eric Schmitt, R-Mo.
  5. Sen. Marsha Blackburn, R-Tenn.
  6. Sen. Rick Scott, R-Fla.
  7. Sen. Roger Marshall, R-Kan.
  8. Sen. Marco Rubio, R-Fla.
  9. Sen. Josh Hawley, R-Mo.
  10. Sen. Ron Johnson, R-Wis.
  11. Sen. Joni Ernst, R-Iowa
  12. Sen. Rand Paul, R-Ky.
  13. Sen. Steve Daines, R-Mont.

In a press conference Tuesday, Senate Minority Leader Mitch McConnell indicated that he would not be signing on.

“The solution is to have a Republican majority and then we be in a position to determine what the agenda was going to be,” he said. “There are opportunities when you’re in the minority, but not to set the agenda.”

Sen. Chuck Grassley, R-Iowa, is still deciding if he will join on, a spokesperson told the Cedar Rapids Gazette.

“Sen. Grassley is reviewing the letter and will confer with colleagues about its potential impacts on the legislative and appropriations process,” Grassley’s office said.

Rob Bluey contributed to this report.

The post Sens. Daines, Paul Join Republican Effort to Stop Democrat Agenda Post-Trump Verdict appeared first on The Daily Signal.

☑ ☆ ✇ Politics – The Daily Signal

The Many Reasons You Shouldn’t Be Afraid to Question Election Results

By: Levi Fuller — June 4th 2024 at 11:20

It’s been said that the greatest trick the Devil ever pulled was convincing the world that he didn’t exist.

Most of us remember the national election of 2020: The COVID-19 pandemic, sudden changes to election procedures, mysterious mail-in ballots, allegedly hacked voting systems, and legions of lawyers filing scores of lawsuits.

I think we all remember the aftermath in 2021, as well. Thousands of angry conservative voters traveled to Washington, D.C., and entered the Capitol to protest the certification of the election after a surprise upset led to Joe Biden becoming the president.

Then came the speculation: Did the Chinese hack voting machines to flip the vote in favor of Biden? Were countless mail-in ballots shoved into voting machines in the dead of night?

Was Joseph R. Biden really the most popular presidential candidate in United States history even after running his entire campaign from a basement in Delaware?

I’ve prosecuted election fraud cases, but I do not know the answer to any of those questions. That’s not what this article is about. It is about why you should never be afraid to question the results of an election.

‘I’m Not a Conspiracy Theorist, But … ’

Having been in the Texas Attorney General’s Election Integrity Division, I have had more than a few conversations with people who almost seem to feel guilty about talking to me about election concerns. They usually start out with the other person saying, “Well, I’m not a conspiracy theorist but …”

That additional qualifier has never surprised me, considering how many risks there are associated with questioning the results of elections.  

The moment anyone is in the vicinity of someone who claims an election was stolen, they risk becoming an “election denier.”

A few notable attorneys who filed election contests have been threatened with losing their license to practice law and even imprisonment. More than 500 of the 1,265 people who were arrested after marching on the Capitol on Jan. 6, 2021 are—more than three years later—still awaiting trial for what may ultimately amount to a misdemeanor conviction.

The rest of us are constantly told by “experts” that there was nothing wrong with the 2020 election.

But what if those experts were wrong?

Reprimanding Fulton County

Recently, the Georgia State Elections Board voted 2-1 to reprimand Fulton County after finding significant issues with the vote tally in the 2020 presidential election. The board’s investigation concluded there had been over 140 separate violations of election laws and rules not only related to how Fulton County tallied the initial vote, but also how it conducted its recount.

It should be noted that the only vote against reprimanding Fulton County was from board member Janice Johnston and that was only because she felt the reprimand didn’t go far enough. She wanted a more comprehensive investigation conducted by the Georgia Attorney General’s Office.

Out of a plethora of issues in how the election was conducted, the investigation also found that there were more than 3,000 duplicate ballots scanned during the recount. The Georgia Secretary of State’s general counsel declared that it’s inconclusive whether or how many of the 3,000 duplicates were included in the tabulated results.

There were also more than 17,000 ballot images that are allegedly missing from the recount. 

Keep in mind that Fulton County’s initial hand recount shortly after the election awarded 1,300 additional votes to Trump, and while the current numbers would not change the outcome of the election, an open question of whether there are potentially more than 4,000 votes not properly accounted for in a swing state election that was decided by only 11,000 votes is—to say the least—problematic.

The Georgia secretary of state’s position appears to be that the initial count, the hand recount, and the machine recount are all relatively similar and therefore not a cause for alarm. When Secretary of State Brad Raffensperger was asked directly about allegations of election fraud, he said, “No, the numbers are the numbers … . The numbers don’t lie.” 

That seems like a difficult conclusion to reach when his organization seems to not be sure what the numbers are.

It also somehow seems worse to imply that more than 140 violations of election laws were committed by the election administrator’s office for the state’s most populated county by incompetence rather than malfeasance.

Compare Raffensperger’s lack of enthusiasm with the efforts to remove Sidney Powell’s law license, or the criminal indictment of former President Donald Trump currently pending in Fulton County, both of which stem from the actions they took (or are alleged to have taken) in response to issues arising out of the way Fulton County ran the 2020 presidential election.

In fact, the results of Georgia’s inquiry stand in contrast to the popular talking point that Trump’s allegations were so spurious that even individuals in his own administration refuted his claims of election irregularity.

Internal Dissenters’ Willful Blindness

For example, Christopher Krebs, the former director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, who claimed on CBS’ “60 Minutes” that the 2020 election was “the most secure in American history.”  

Not only does it now seem that Krebs was wrong, but less than a month after making that statement, it was publicly reported that Krebs and his agency had been unaware of what could be one of the largest cyberattacks of our national infrastructure in history.

There was also then-Attorney General Bill Barr publicly declaring on Dec. 1, 2020, that the Department of Justice and the FBI had not uncovered evidence of “widespread voter fraud that would change the outcome of the election”—after an investigation he had called for only three weeks prior.

In Texas, after we received an allegation of election fraud, our team of investigators and attorneys—who are already familiar with Texas election law—would seek to contact the election administrator for the county the allegation originated from to obtain their records of the election. Those records were often voluminous and would take time to review.

We would then make attempts to speak to witnesses, including the voters, to determine whether there had been fraud or irregularities in the voting process. We would investigate whether those who cast suspicious ballots were qualified to vote, whether they typically voted by mail or in person, whether their vote in that election came from their listed home address or somewhere else, whether they are even aware a vote was cast in their name, and sometimes even whether they are alive or deceased.

Consider that there were 81,139 votes—in Nevada, Wisconsin, Georgia, and Arizona, combined—which separated Trump from Biden in the election. Among those four states, there were approximately 12,883,742 total ballots cast. Neither of those numbers would include instances where ballots had been destroyed.

The time it took for Georgia to issue its findings on Fulton County alone took three years. At the time of Barr’s statement, the FBI only had a total of 13,245 special agents in the entire bureau, spread out across the United States and other parts of the world. Even if the Justice Department devoted all its resources and limited the scope of their investigations to the largest counties of those four states, it would have taken several weeks just to compile evidence, much less come to a definitive conclusion just for one of those states.

There is also the question whether Barr even wanted the Department of Justice to be involved. The U.S. attorney for the Eastern District of Pennsylvania, William McSwain, claimed that Barr told him to stand down on investigating election fraud allegations, instead ordering him to refer any complaints to the state of Pennsylvania.

While Barr disputes McSwain’s account, other witnesses testified under oath to receiving the same guidance.

In December 2020 an “irate” Bill Barr called investigators looking into Jesse Morgan’s claim of hundreds of thousands of completed mail-in ballots hauled across state lines to “STAND DOWN”

“‘I told you you need to stand down on this.’

“[He was] agitated, to say the least.” pic.twitter.com/orzqQFL245

— Liz Harrington (@realLizUSA) April 4, 2024

So, when Barr said he had not seen evidence sufficient to conclude that fraud would have changed the results of the election, it seems that is exactly what he meant. He hadn’t seen fraud that would change the outcome. That would be difficult to find for someone unfamiliar with election fraud—and not interested in looking for it.

So-Called Fact-Checkers’ Echo Chamber

Nevertheless, Barr’s statements are a common talking point for media “fact-checkers,” who are adamant that election fraud is a myth.  

Take for example how fact-checkers handled allegations of Jesse Morgan. Morgan was a post office contractor who claimed that 288,000 pre-filled ballots had been shipped into the state of Pennsylvania in trailer that somehow mysteriously vanished after being delivered to a post office.

As a former prosecutor, the fact that the investigation by the U.S. Postal Service and the FBI only concluded that Morgan’s claims could not be corroborated, while Morgan himself was never charged with making a false statement to a federal agent seems to me to mean that the investigation was inconclusive. That is, neither confirming, nor denying his account.

If that’s the case, then we are left with the notion there is no security camera footage, records, manifests, receipts or explanation for a missing post-office trailer allegedly containing 288,000 ballots that was left inside a secured post-office motor pool, or that it was just a shoddy investigation.

That didn’t stop the Dispatch and PolitiFact from concluding that Morgan’s allegations were false in their entirety based on the aforementioned sound bite from Barr, and the Postal Service’s largely redacted report.

More dubious fact-checks come from The New York Times. It fact-checked 15 separate statements from Trump about the 2020 election. In the interest of brevity, I’d like to go summarize what I personally took from just a few:

  • Trump claimed surprise ballot dumps changed the outcome of the election overnight. The Times fact-checked this as false, because there were just a lot of mail-in ballots that took a long time to count.
  • Trump claimed mail-in ballots were a corrupt system. Times fact-checkers concluded this was false, because experts say voter fraud is rare.
  • Trump claimed the recount in Georgia was meaningless because there was no signature verification. The Times concluded this was also false, before oddly explaining how signatures cannot be verified during recounts because ballots are separated from the carrier envelope that contains the voter’s identifying information.
  • Trump claimed the Pennsylvania secretary of state and the state Supreme Court abolished signature verification requirements for mail-in ballots. The Times said this was misleading, because the Pennsylvania State Election Code never required signature verification in the first place.
  • Trump claimed that in Georgia only 0.5% of ballots were rejected in 2020 compared with 5.77% in 2016. The Times said that was also misleading, because the Massachusetts Institute of Technology believes the 5% total increase in accepted ballots was likely just due to the addition of a curing mechanism for Georgia mail-in ballots.

Other popular rebuttals stem from the 2020 election contests. The 2020 general election was easily the most litigated in my lifetime. According to some news outlets, Trump and Republicans filed over 60 election challenges, losing almost all of them.

The results of the 2020 election cases always seem to be the easy way out of any debate over the election results. Why wouldn’t they be? The judges found there was no election fraud. Case closed.

Except they kind of didn’t.

Democratic Operatives and the ‘Steele Dossier’

For background, a large bulk of the work against the 2020 presidential election contests was done by the law firm of Marc Elias. Formerly of Perkins-Coie, Elias is notably famous (or infamous) for his involvement with the entirely debunked opposition research against Trump known as the Steele Dossier. Ironically, Elias also thinks Russians intervened in the 2016 election to defeat Hillary Rodham Clinton.

In addition to being at the forefront of litigating election lawsuits on behalf of Democrats, Elias’ law firm also seeks “favorable advisory opinions” from the Federal Election Commission on behalf of Democratic candidates. They are unashamedly pro-Democrat, and to put it mildly, they are very committed to what they do.

Elias’ win record speaks for itself, and I’m not discounting his firm’s successes, but the 2020 general election was an easy playing field. In election contests, “the tie goes to the runner,” and all he and his team have to do to win is make sure that none of the allegations of fraud in any of the election contests are considered sufficient to warrant discounting the results.

This was made all the easier because judges have a hard time with any case involving an election.

Legal Timeliness and Standing

Take for example Trump v. Biden, where the Wisconsin Supreme Court ruled Trump’s suit was barred by the legal doctrine of laches. That is to say that Trump’s allegations were reasonable, but the case had been brought too late for courts to act.

To quote the court, “the time to challenge election policies such as these is not after all ballots have been cast and the votes tallied.”

Essentially, a candidate shouldn’t wait to get cheated out of an election before they sue over it.

A similar result occurred in Kistner v. Simon in Minnesota. In that case, the petitioners filed their lawsuit within days of the postelection review, but the court concluded two claims were barred as they should have been brought before the election, and for the third claim, the court found the petitioners failed to provide service to the other county officials required by Minnesota election laws.

In Arizona’s Ward v. Jackson, the Arizona Supreme Court classified instances where a “duplicate ballot did not accurately reflect the voter’s apparent intent as reflected in the original ballot” as a mere error, and held that it did not believe there were enough of these “errors” to overturn the results of the election.

Also stated by the court: “Where an election is contested on the ground of illegal voting, the contestant has the burden of showing sufficient illegal votes were cast to change the result.” It is not enough to prove there was fraud, you must prove there was enough fraud to change the outcome.

In Donald J. Trump for President v. Way, the New Jersey federal district court declined to hear a challenge to the New Jersey governor’s executive order No. 177, which directed the state to send mail-in ballots to all registered voters and extended ballot counting to all ballots received up to 48 hours after the polls closed on Election Day.

After the suit was filed, the Democrat-controlled state legislature passed a bill codifying the governor’s decree, thereby making it law. One of the bill’s co-sponsors allegedly claimed that the bill’s purpose was to “undermine the Trump campaign’s lawsuit.”

Changing the Rules in the Middle of the Game

The court’s ruling in that case was that it would defer to the state on whether to suddenly change election rules in response to the COVID-19 pandemic.

Sidney Powell’s suit in Wisconsin, Feehan v. Wisconsin Elections Commission, was dismissed after the court ruled a Wisconsin voter and potential elector lacked standing to contest the election process in Wisconsin. The federal District Court of the Middle District of Pennsylvania came to the same conclusion in Donald J. Trump for President Inc. v. Boockvar. The result was the same in Nevada in Donald J. Trump for President Inc. v. Cegavske.

Also from Nevada is my favorite postelection opinion by far, Law, et al. v. Whitmer, et. al. In that case, the judge stated that he considered witness declarations—typically statements submitted under the penalty of perjury—to be “hearsay of little or no evidentiary value,” citing that per Nevada’s election code, election contests “shall be tried and submitted so far as may be possible upon depositions … .”

At the time of this suit, America was still reeling from the COVID-19 pandemic and many courts were not even permitting contested hearings out of fear that several people in an enclosed space listening to live testimony could spread the virus.

That prohibition often extended to requests to take someone’s deposition, which was a hurdle I ran into in some of my own cases. Before reading this opinion, I would have thought that “so far as may be possible” under those circumstances would be broad enough to increase the viability of sworn statements to be presented as evidence. I would have been wrong.

Considering the court’s order only gave the contestants from Nov. 17 to Dec. 3 to gather their evidence and granted only 15 depositions to both sides, it’s not clear what evidence the judge expected them to be able to marshal.

I’m not insinuating there was bias, but it feels that way, reading the 10 paragraphs devoted to just bolstering the credibility of the defense expert compared to the five paragraphs the judge spends on the why he felt the entirety of the evidence presented by the other side was inadequate.

Procedural vs. Evidentiary Reasons

The bottom line is, a significant number of the election challenges brought in 2020 appear to have been thrown out for procedural reasons, rather than evidentiary ones. In the few cases where election fraud was discussed, the courts seemed to consistently hold that those bringing the case hadn’t shown enough fraud.  Just don’t tell the fact-checkers at Reuters that.

Going into the election of 2024, it’s not even clear who will be able to successfully contest a national election. Neither voters nor electors appear to have standing to contest an election in their own state, and at least a state attorney general and House Representatives do not have standing to challenge elections in other states. 

Those who do make it past the standing requirement only have weeks to depose as many witnesses as it takes to prove that enough fraudulent ballots were counted to change the result of the election.

If you’re unfamiliar with an election case, that could potentially mean finding thousands of fraudulent ballots in less time than it would take to contest a speeding ticket. Good luck with that. 

The silver lining in all of this is that a byproduct of the controversies surrounding the 2020 presidential election is that we are at least talking about it. And the public outcry has been substantial.

Once a niche topic, election integrity is now at the forefront of public discourse, and several states—including Georgia—are engaged in massive undertakings to identify vulnerabilities in their electoral process and have already taken steps to pass new laws seeking to prevent election integrity issues.  

When Texas ran into hurdles with its high criminal court declaring it was unconstitutional for Attorney General Ken Paxton to unilaterally prosecute election fraud, the voters responded by voting out three of the eight justices who signed on to the opinion, and they were the only three up for reelection.

I do not know what happened in 2020, and I don’t know what’s going to happen in 2024. But I do know election fraud exists, and it has been around for a long time. So long as there are ways to cheat the system to obtain power, there will be people seeking to take advantage of them.

I also know that behind every successful election challenge, investigation, prosecution, and legislation are individuals courageous enough to come forward and question the results when something seems off.

That courage is becoming less and less rare after 2020, and it will be a force to be reckoned with in 2024.

That’s why I encourage everyone to never be afraid to question the results of an election when they see something suspicious, and act on those suspicions.  

Maybe you win, maybe you lose, but the only way it will change is if you’re not afraid to talk about it.

We publish a variety of perspectives. Nothing written here is to be construed as representing the views of The Daily Signal.

The post The Many Reasons You Shouldn’t Be Afraid to Question Election Results appeared first on The Daily Signal.

☑ ☆ ✇ Politics – The Daily Signal

Carter Page Finds Trump Trial Eerily Familiar

By: Deroy Murdock — May 21st 2024 at 13:07

Déjà vu.

That phrase captures Carter Page’s reaction as he walks through lower Manhattan. The Daniel Patrick Moynihan U.S. Courthouse, the Jacob Javits Federal Building, and the U.S. Attorney’s Office all remind the former Trump campaign adviser of various moments in his career—from intern for New York’s now-deceased Democratic U.S. senator to foreign-intelligence source to the victim of fraudulent FBI spying.

What Page finds most eerily familiar is the bookkeeping-entry trial of President Donald Trump, which he observed in person. Page considers the scene in Judge Juan Merchan’s courtroom just the latest episode in the relentless persecution of the former president and his supporters.

This began virtually the day that the real-estate magnate declared his presidential candidacy.

“The [Foreign Intelligence Surveillance Act] abuse/international spy scandal that prominent [Democratic National Committee] operatives and senior officials of the Obama-Biden administration designed to take out President Trump in his first political campaign remains largely unresolved,” Page tells me exclusively. “For more than seven years, we have continued to fight against the corrupt U.S. Department of Justice and the Democrat Party’s operatives who have largely dominated these continued dishonest attacks against President Trump, myself, and so many others.” 

Page recalls “the original witch hunt” that began in 2016. Left-wing pro-Hillary Clinton operatives at the CIA, DOJ, and throughout the Deep State—not least then-FBI officials James Comey, Andrew McCabe, and Peter Strzok—spied on Trump’s campaign, snooped on his advisers, raided their homes, sentenced some to prison, and locked up others.

“Believe it or not, people have families,” Page says. “Think of the impact that this has had on President Trump’s family, Gen. Michael Flynn’s family, my own, and so many others. All of this chaos tore families apart. But on the other hand, it also pulled families together. That’s why I was so very moved to see Eric Trump here to support his father.”

Page waited in line to enter the Manhattan Criminal Courts Building, along with scores of journalists eager to cover New York v. Trump. Page and other citizens sat beside the Fourth Estate and marveled at this unprecedented scenario.

“Although Fox News and a few other conservative media outlets maintain a limited presence in Courtroom 1530, the vast majority of enthusiastic attendees who fill the benches at 100 Centre Street are the same mainstream outlets that pushed the false Russia collusion hoax, from late in the 2016 election through the first three years of the first Trump administration,” Page says. “Just as the U.S. Foreign Intelligence Surveillance Court was unsuccessfully used as an early prop to ‘get Trump,’ this court in lower Manhattan is the latest front line in this ongoing assault on American democracy.”

Trump’s defenders have questioned Merchan’s objectivity in this matter, given his political donations to President Joe Biden and a PAC called Stop Republicans, as well as his daughter’s management of a political consultancy that runs digital ads and raises money for Democratic candidates and causes.

Page, however, gives Merchan the benefit of the doubt. He believes that the jurist displayed common decency by excusing Trump to attend his son Barron’s graduation from Palm Beach’s Oxbridge Academy last Friday.

Like most Americans, Page is eager to see whether a jury from Manhattan—which voted 86.4% for Joe Biden—will “Get Trump,” no matter what, or whether District Attorney Alvin Bragg’s crumbling case will make them gag. If so, perhaps through gritted teeth, they just might acquit Trump of these so-far unproven charges.

Either way, Page, a Naval Academy alumnus and foreign-energy expert, understands the moral of this story.

“The main lesson is that we need to start fighting much more strongly,” Page says. “President Trump and each of us other crime victims have certainly learned this the hard way. Equally important, we must be ready to call out the Democrats’ continued election interference campaigns, especially now, as their assault on American democracy has reached new levels with this latest ongoing show trial.”

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

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‘SHAM’: House Speaker Johnson Condemns Trial of Trump as ‘Politically Motivated’

By: Jarrett Stepman — May 14th 2024 at 16:18

House Speaker Mike Johnson, R-La., in New York on Tuesday, condemned the so-called hush-money criminal trial of former President Donald Trump.

Johnson blasted the trial as a “sham” and said that it’s being used to manipulate the 2024 presidential election.

I’m disgusted by what’s happening in the sham trial against President Trump.

The American people can see it’s politically motivated.

Their star witness, Michael Cohen, is a known liar who is clearly on a mission for personal revenge. pic.twitter.com/dub4dyu91s

— Speaker Mike Johnson (@SpeakerJohnson) May 14, 2024

“I’m an attorney. I’m a former litigator myself. I’m disgusted by what is happening here,” the Louisiana lawmaker said. “What is being done here is being done to our entire system of justice overall.”

Johnson said the American people are “losing faith” in the U.S. justice system and our institutions because they see them being “abused.”

The House speaker said the facts in Trump’s case are important, as they always are in a trial. The former president’s actions were “previously reviewed, and no charges were filed. Why is that?” Johnson asked rhetorically.

“Because there’s no crime here,” he said, answering his own question.

Manhattan District Attorney Alvin Bragg started up this case eight years after the crime was allegedly committed, Johnson said, because “it’s painfully obvious, we’re six months out from an election day, and that’s the reason they brought these charges here and across the country.”

Johnson noted that the legal officials in this case are all partisan Democrats.

“What we’ve got here is a partisan Democrat district attorney. We have a [President Joe] Biden donor judge, and we have an [assistant district attorney] who was recently a top official at the Department of Justice, Biden’s DOJ, and recently received over $10,000 in payments from the Democratic National Committee,” he said.

Bragg, who brought the charges against Trump, also is a Democrat.

Johnson said the “star witness” in the Trump trial, former Trump attorney Michael Cohen, is simply out for retribution.

Cohen is “clearly on a mission for personal revenge,” the Louisiana Republican said, adding that Cohen is known to be a witness who “has had trouble with the truth.”

Cohen admitted to lying to Congress in 2017, which was among the crimes that led to his disbarment.

“There’s nothing he presents here that should be given any weight at all by a jury and certainly not by this judge,” Johnson said.

The charge against Trump is falsification of business records, he said, “but I think everyone knows that he is not the bookkeeper of his company.”

The House speaker said Trump is “innocent” in the case and that “anyone with common sense can see what’s happening here.”

On top of everything else, Johnson said, the court has issued a gag order against Trump, which deprives the former president of his right to free speech during an election campaign. The whole trial represents a clear case where the judicial system has been weaponized against Trump, he said, and is punishing one presidential nominee while providing “cover” for another.

“The American people are not going to let this stand,” Johnson said. “Election Day cannot get here soon enough, and we will continue to shine a light on all of this in Congress because we have that constitutional responsibility.”

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Could a Manhattan Jury Acquit Trump?

By: Deroy Murdock — May 13th 2024 at 16:33

Having served on three Manhattan juries, I would not be surprised if the 12 men and women hearing New York v. Donald J. Trump acquit him of all charges.

During two civil actions and one criminal case, my fellow jurors were serious, professional, and movingly civic-minded. A quiet, solemn patriotism infused our deliberations. Several jurors said that we should respect the justice system because, someday, we might need it to respect us.

My first case was a medical-malpractice lawsuit involving a botched abortion. We empathized with a woman wounded by her doctors, but her lawyer did not prove negligence. So, we backed her physicians.

“But we’ve got to give her something,” one juror insisted.

Others instantly rebuked him.

“That’s not how it works!” one said. “I feel sorry for her, too,” another admitted. “But her lawyer never made her case.”

So, we sent the plaintiff home without a penny.

Next, we deliberated intensely for almost three days before concluding that a Harlem drug counselor never demonstrated his defamation-of-character claim against his employers. My sympathetic pleas went unheeded, and he left empty-handed.

Finally, in her closing argument, a criminal prosecutor displayed a CD-ROM of a police dispatcher’s “Be on the lookout” announcement after an armed robbery. When we asked the judge to play that recording, he told us that it was not in evidence. 

Disgusted by this prosecutorial deception, we instantly and angrily acquitted the defendants. Minutes later, as foreman, I proudly announced our verdict in court.

These three cases confirm that Manhattan juries are sober and perfectly capable of fairness.

That is good news for Trump.

A jury of levelheaded Manhattanites would appreciate these facts that verify the profound vacuity and fundamental unfairness of District Attorney Alvin Bragg’s “case” against Trump:

  • An April 25, 2023, U.S. Justice Department Memorandum of Understanding with the Federal Election Commission leaves Bragg powerless to prosecute this matter. “The Department has exclusive jurisdiction over criminal enforcement of the federal campaign finance laws,” the memorandum states.

“The Commission has exclusive jurisdiction over civil enforcement,” the memo says.

Nowhere does this federal rule grant local prosecutors authority to enforce federal election laws. Thus, Bragg’s case is a shack built atop a cloud of helium. 

  • Bragg skirted the statute of limitations by claiming that Trump falsified business records to commit a second violation. After two weeks of this trial, that second crime remains a mystery.
  • Prosecutors described a “catch-and-kill scheme” through which the National Enquirer bought the rights to stories that might embarrass Trump and then buried them. Rather than a plot to influence the 2020 election, the Enquirer routinely caught and killed stories about Trump—and other newsmakers. More important, “catch and kill” might be dodgy, but it is not illegal.
  • Former nude thespian Stormy Daniels signed a nondisclosure agreement promising quietude about consensual sex that Trump and, at various times, Daniels herself deny ever sharing. NDAs are perfectly legal. I have signed at least three (while dressed), and nondisclosure language has appeared in numerous contracts I have endorsed. Confidential out-of-court settlements operate similarly and legally.
  • Former Trump attorney Michael Cohen paid Daniels to clam up about her alleged intimacy with Trump. Again, sex or no sex, it is legal to pay people to ignore journalists (although buying silence before law enforcement is obstruction of justice). 
  • Trump’s checks allegedly reimbursed Cohen for payments to Daniels. It is perfectly legal for a client to repay his attorney funds advanced in a lawful transaction.
  • Bragg claims that Trump should have paid for this private matter with campaign cash. That would have been illegal. Instead, Trump legally used his own money.
  • Trump faces 34 counts of alleged falsification of business records because his bookkeepers posted ledger entries for checks to Cohen as “legal expenses.” Would Bragg prefer false descriptions like “plumbing supplies” or “marble tiles”? Trump faces prison for reporting legal expenses as “legal expenses,” which is legal.

With 48% of registered voters telling Reuters-Ipsos last month that Trump’s Kafkaesque cases are “excessive and politically motivated” (41% disagree) even a Manhattan jury could scrap Bragg’s contraption.

My memories of jury duty, including within the Stalinesque building in which Trump is being persecuted, tell me that deliberating jurors could think, “I won’t vote for Trump. But I cannot convict him beyond a reasonable doubt in a shaky case about actions that are lurid, but legal.”

If just one juror agrees, this case will end with a hung jury. A second trial would be unlikely before Election Day.

And if “lurid, but legal” reflects the opinions of 12 of my fellow Manhattanites—who tend to be tough, but fair—then Trump will be acquitted on all charges and go back to where he belongs: The campaign trail.

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

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