Tuesday, September 25, 2018
THE RUSSIAN INVESTIGATION
Utah lawmaker Orrin Hatch, who sits on the Senate Judiciary Committee, filed a 44-page amicus brief earlier this month in Gamble v. United States, a case that will consider whether the dual-sovereignty doctrine should be put to rest. The 150-year-old exception to the Fifth Amendment’s double-jeopardy clause allows state and federal courts to prosecute the same person for the same criminal offense. According to the brief he filed on September 11, Hatch believes the loophole should be closed. “The extensive federalization of criminal law has rendered ineffective the federalist underpinnings of the dual sovereignty doctrine,” his brief reads. “And its persistence impairs full realization of the Double Jeopardy Clause’s liberty protections.”
…
A spokesman for the Utah senator denied that his brief was inspired by the Mueller investigation, noting that Hatch has “worked for years to address the problem of overcriminalization in our federal code” and wants the Court “to reconsider the rationale” for the doctrine “in light of the rapid expansion of both the scope and substance of modern federal criminal law.”
But while Hatch has earned his bona fides in the arena of criminal-justice reform, the timing of his filing is nevertheless significant. For months, the Gamble case has been analyzed through the lens of the Mueller investigation, and Brett Kavanaugh, Trump’s nominee to replace retired Supreme Court Justice Anthony Kennedy, could be on the bench by the time the Court reconvenes this fall. The justices decided to hear the case one day after Kennedy announced his retirement.
…
Paul Rosenzweig, a former senior counsel on the Whitewater investigation who serves as a senior fellow at the conservative R Street Institute, said he thinks the Hatch brief is “wrong substantively.” “If over-federalization of crime is a problem, we should stop over-federalization,” Rosenzweig said. “Hatch’s answer is to end federalism.”
But he cautioned that the case’s implications may not be as significant as they may seem. “It is at least plausible that if the Court gets rid of the [doctrine], it would mean that an acquittal in state court would prevent a second trial in federal court and vice versa,” Rosenzweig told me. But Trump’s pardon power is “explicitly limited in the text of the Constitution to pardons for ‘offenses against the United States,’” Rosenzweig said. If that language is interpreted to mean federal criminal offenses specifically, a Trump pardon wouldn’t protect against a state criminal prosecution, he said, no matter what happens to the double-jeopardy clause in Gamble.
Amid this legal murkiness, “overall” one thing is clear, Rosenzweig said: “A result overturning 200 years of dual sovereignty would very much muddy the waters.”
This story has floated under the radar, but I felt the need to talk about it a little bit, as it does have the chance to really screw things up, no matter how small that chance is.
Gamble vs. United States deals with a case in which a man is being tried for a crime in Federal court after already being convicted for the same crime in Alabama. Gamble had already served a year in prison for illegally owning a firearm. Following this conviction, the Feds charged him with their version of this crime.
What Gamble is asking the Supreme Court to do is to rule that the Separate Jurisdictions exemption to Double Jeopardy be ruled unconstitutional in cases which the defendant was already tried.
Generally, I think this is actually a good idea, but I’m worried about how this could play out in practice. If it’s the exact same crime, the accused has already had their day in court, and likely spent their time in prison. Charging them again for the exact same offense is overkill, and often malicious.
One problem with getting rid of this would be in cases of corruption, jury tainting, racism, or witness tampering. If Paulie gets charged with a crime in Missouri but gets acquitted because he paid off a jury member, then this case should be tried in a different jurisdiction.
Where this could apply to the Mueller Investigation is if this is ruled unconstitutional then we get into the clusterfuck of “who’s charging who for what?” The Feds would have to coordinate with state and local governments on who was bringing what charges at what times to avoid dual prosecutions. This gets even uglier if the ruling is especially broad. If the Double Jeopardy exemption is removed for not just the exact same crime but for very similar statutes, there’s enough wiggle room with possible pardons at the Federal level wiping out most if not all opportunities at state charges.
One phrase I’ve used several times is “exact same crime.” I’m not a lawyer, so I’m not going to try to debate the tiniest of details, but to my layman’s ears that means things like Murder for Murder, Robbery for Robbery, and Possession for Possession. Murder 1 in PA is Murder 1 in the US. Getting tried in one court prevents the other from coming after the perpetrator. But there are more and different crimes available in both jurisdictions. State laws don’t have Treason and Federal Income Tax Evasion, while the Feds don’t prosecute State Income Tax Evasion and state vehicle code violations. There’s still plenty of room for both State and Federal governments to co-exist.
- Rod Rosenstein’s Job Is Safe, for Now: Inside His Dramatic Day – The New York Times
- Senate Intelligence Committee subpoenas Randy Credico, who Roger Stone claims was Wikileaks’ back channel – CNNPolitics
- How to Stop Trump’s Slow-Motion ‘Saturday Night Massacre’
TRUMP THE RUSSIAN ASSET
- Trump publicly doubts second Kavanaugh accuser
- Trump Probably Gonna Go Bomb Some Countries After U.N. Assembly Laughs in His Face
TRAITOR TOTS
- Rand Paul Wants to Scrap Some U.S. Sanctions on Russia
- Ming: Has Putin granted Rand Paul citizenship yet?
- Report: Sen. Rand Paul files amendment to remove Russia sanctions
From this comment by /u/Karma-Kosmonaut
Rand Paul a traitor. Congress is infested with traitors.
The July 4th Russia meeting
Sen. Richard Shelby (Republican-Alabama)
Sen. Steve Daines (Republican-Montana)
Sen. John Thune (Republican-South Dakota)
Sen. John Kennedy (Republican-Louisianna)
Sen. Jerry Moran (Republican-Kansas)
Sen. John Hoeven (Republican-North Dakota)
Sen. Ron Johnson (Republican-Wisconsin)
Rep. Kay Granger (Republican-Texas)
The August 6th Russia meeting
Sen. Rand Paul (Republican-Kentucky)
- A Leaked White House Memo Reveals Trump’s Plan For Going After Google and Facebook
- Election security bill won’t pass ahead of midterms, says key Republican | TheHill
- Jay Sekulow: Mueller Needs ‘Time Out’ if Rosenstein Leaves
- Top Republican on Tax Subcommittee Received Yacht Loan From Foreign Bank Lobbying on 2017 Tax Bill
FIGHTING BACK: LAUGH AT THE CLOWN
- ‘People actually laughed at a president’: At U.N. speech, Trump suffers the fate he always feared
- Watch: Donald Trump laughed at by U.N. General Assembly for claiming his administration is greatest in history
- Trump’s Speech To The UN Was All About The US Doing Whatever It Wants
- Trump’s America is a bully, not a beacon
- Trump’s UN speech: America First with a side of patriotic word salad
- UN audience laughs when Trump boasts of achievements
- ‘Trump’s speech at the UN betrayed how little knowledge he actually has about foreign policy’
- Aaron Rupar: WOW! The UN audience laughs at Trump after he claims, “my administration has accomplished more than almost any administration in the history of our country.”
- Angry White House Staffer: The entire UN assembly just laughed at the President of the United States because he’s an idiot.
- The United Nations literally laughs at Trump
- Trump claims he meant to make world leaders laugh during UN speech when he claimed his administration was most successful in US history
- Trump greeted with laughter while touting his administration at UN
- Trump has ‘no plans’ to meet with Iranian leader at U.N.
- Trump Probably Gonna Go Bomb Some Countries After U.N. Assembly Laughs in His Face
- Trump rejects globalism, emphasizes ‘America First’ foreign policy approach in speech to U.N.
- Macron rebukes Trump’s isolationist message
IMMIGRATION
- Doc Shows DHS Secretary Approved Family Separation Policy
- Exclusive: With more immigrant children in detention, HHS cuts funds for other programs — like cancer research
- Newly released memo reveals secretary of homeland security signed off on family separation policy | OpenTheGovernment.org
- Newly Uncovered Memo Suggests Kirstjen Nielsen Lied to Congress About Family Separation
- We Now Have Even More Proof That Family Separation Was the Policy
- After Actively Making Life Worse for Millions Worldwide, Trump Tells Refugees to Suck It Up and Stay in ‘Their Own Countries’
- Trump wants to make it harder for low-income immigrants to get green cards
- Jeff Merkley: I know a lot has been happening lately, but don’t lose focus. There are over 12k innocent immigrant kids in government detention. Don’t be silent. STAND UP. Speak out!
COLD WAR 2.0
- Bill Browder: Absolutely devastating article by @apsyrtus on the complete capitulation of Cyprus to Russian interests. If you thought that Cyprus was an independent sovereign state making its own decisions, you won’t after reading this story.
- Cyprus: Russia’s EU weak link?
- Danske’s Laundering Scandal Drags Down Smaller Danish Banks
- EU, Russia and China reach payments deal to counter Trump’s Iran move
- Ex-UN chief Ban Ki-moon says US healthcare system is ‘morally wrong’
- China denies request for U.S. warship to dock in Hong Kong
- Chinese man accused of spying, helping recruit US engineers
- Jim Acosta: Rouhani with veiled attack on Trump: “we are witnessing rulers in the world who think they can secure their interests better… and gain popular support through the fomenting of extremists, nationalism and racism and through xenophobic tendencies resembling a Nazi disposition”
- Julia Davis: Like I’ve been saying all along, the Russians don’t like or love Trump – rather, they enjoy the internal chaos and the humiliation of the U.S. on the world stage he is causing.
- President Trump Is Literally the Laughingstock of the World
- Swedish Politics In Chaos As Parliament Votes Out Prime Minister
- The World Just Laughed at Donald Trump
- Macron rebukes Trump’s isolationist message
#NEVERAGAIN
THE PROPAGANDA MACHINE
Avenatti vs. The Trolls
- Michael Avenatti Is a Relentless Self-Promoter, But He Hasn’t Been Wrong Yet
- Jake Tapper: Asked @MichaelAvenatti about the rumor his new client is a hoax: “It never happened. None of it. No truth to it. This is a fabrication of the right because they are worried and they should be.”
- Michael Avenatti Warns Trump, Kavanaugh: ‘Be Very, Very Careful’ About What You Do Next
- Avenatti Reacts to Brett Kavanaugh’s Fox News Interview: ‘He’s a Liar’
- Michael Avenatti Denies Being Duped by 4CHAN User Over Kavanaugh Accuser
- Avenatti: I wasn’t scammed
Michael Avenatti on Tuesday lashed out at reports that a client who was preparing to level allegations against Supreme Court nominee Brett Kavanaugh was a fake and part of a ruse by an outside group targeting Avenatti.
“I made the determination she was 100 percent credible well before Sunday night,” Avenatti, the attorney who also represents the adult-film actress Stormy Daniels in her lawsuit against President Donald Trump, told POLITICO, referring to the first time he disclosed the allegations involving Kavanaugh. “We’ve received over 3,000 inquiries in the last six months from people with all kinds of crazy stories and fabrications. I’ve heard it all. I’ve seen it all. Like we don’t vet clients. Give me a break.”
Kavanaugh is in a pitched battle to salvage his nomination, after two women have come forward to allege sexual misconduct decades ago. One of his accusers, Christine Blasey Ford, is set to testify before the Senate Judiciary Committee on Thursday about her allegation that a drunken Kavanaugh assaulted her at a house party when they were both in high school.
Anonline post on Tuesday claimed that Avenatti had been scammed by the online forum 4Chan, a place where online users delight in trolling public figures, setting off a firestorm on social media and purportedly jamming up Avenatti’s Twitter account. The attorney said he temporarily shut down the account because of online threats.
“This is just crazy that somebody can just tweet something out like this, or post it, and people just take it as truth,” he said. “It’s crazy.”
Avenatti, a possible presidential contender in 2020, said his client is “100 percent” real and still planned to come forward. When pressed on why the public should believe the accusations involving Kavanaugh when he hadn’t yet fronted a witness and had himself made claims over Twitter, Avenatti said he had remained consistent.
“I’ve been really clear. The timetable has not changed,” he said. “We haven’t moved the timetable back. Nothing’s changed. We don’t just do this at the drop of the hat. Had we waited until everything was in place to surface these allegations, then everyone would be complaining that we just dropped this on the committee at the last moment. There’s no winning in this situation. We wanted to surface the allegations for the committee, reasonably, once they were vetted, which is what we did.”
But he said members of the Judiciary Committee had not followed up on his offer to have them interview his client. Avenatti said the client had agreed to an FBI investigation and a polygraph test.
When asked whether she would take her story public regardless of whether the committee called her to testify, Avenatti responded: “Correct.”
“We have not arrived at a firm plan relating to the initial disclosure of these allegations,” he said. “We are still working through it. This is a very dynamic situation with a lot of emotions at stake.”
I’m going to give the short, short, version. And no, I will not link to the original posts from 4Chan or screenshots from RedState, Daily Caller, or Townhall. They are part of the amplification and propaganda problem.
A 4Chan user with a Pepe avatar claimed that he had convinced his stripper girlfriend to contact Michael Avenatti to bullshit him, get him to run his mouth, then organized a few of his Twitter buddies to attack his account.
The entire claim is bullshit. First, it relies on a 4Chan user having a girlfriend. Second, all of the “claims” were debunked in about 3 fucking seconds. Third, this is classic Deza. The exact same claims were made about the Steele Dossier when it came out, and the RWM ate that shit up like it was Mountain Dew flavored Doritos.
This ain’t Michael’s first rodeo. He’s been dealing with this shit for a while, and the claims he made Daily Check-In 09/24/2018 against a sitting judge would cost him his career if they were made up. Accusing an officer of the court of a crime is grounds for disbarment. He needs receipts, statements, multiple witnesses, and enough background information to make his accusations stand up to scrutiny.
He ain’t fucking around.
SCOTUS & #METOO
- GOP hires female attorney to question Kavanaugh accuser
- Feinstein: Kavanaugh misled about grand jury secrecy in Vince Foster probe
- GOP Rep. Cramer questions whether accusation against Kavanaugh should disqualify him, even if true
- Deborah Ramirez’s Lawyer Claims Senate Judiciary Committee ‘Refused’ to Meet
- Grassley: Dems ‘withheld information’ on new Kavanaugh allegation | TheHill
- McConnell Says Not to Worry About the All-Male GOP Judiciary Committee, They Hired a “Female Assistant” to Ask Questions for Them
- Trump’s ‘She Was Drunk’ Argument Is a Disaster for Republicans
- Brett Kavanaugh’s College Classmates Out Him as ‘Sloppy Drunk’
- Jim Carrey Mocks ‘Entitled Little Sh*t’ Brett Kavanaugh In New Artwork
- Caroline Orr: Amnesty International has taken the very rare step of calling to halt Brett Kavanaugh’s confirmation process “unless and until” an adequate review of his human rights record is completed and all relevant documents released publicly. Thread
- Amnesty International: Investigate Kavanaugh for human rights abuses
- PostimusMaximus: You guys thought I was kidding about that whole “Kavanaugh could rape a woman on the Senate floor” thing huh? Like I said. Trump is a monster by comparison and we made him President. There is no moral or ethical low the WH won’t go to.
- Kavanaugh claims he had a sterling reputation at Yale, is immediately shot down by ex-roommate
- Kavanaugh confirmation: why the Kavanaugh accusations matter to teen girls – Vox
- Kavanaugh May Now Need an FBI Investigation
- Kavanaugh Witness Mark Judge Found Holed Up at Delaware Beach House
- Kavanaugh’s College Roommate Releases Statement About New Accuser: ‘I Believe Her’
- Kavanaugh’s Yale Classmate Casts Doubt On “I Was A College Virgin” Story
- Lawyer for second Kavanaugh accuser says Republicans refuse to talk
- Lisa Murkowski Delivers Message: Take Kavanaugh Accusations Seriously
- McConnell Goes For Broke on Kavanaugh
- Murkowski: FBI investigation into Kavanaugh would ‘clear up all the questions’
- Pigs All the Way Down: Kavanaugh and our rotten ruling class
- Ronald Klain: I’m trying to decide if the Trump WH is bungling the handling of the Kavanaugh nomination to distract us from the Rosenstein firing, or if it is firing Rod to distract from the disaster of the Kavanaugh nomination.
- Sanders: Kavanaugh accusers ‘have risked their lives to come forward’
- Schumer demands McConnell apologize to Kavanaugh accuser
- Scott Stedman: NEW: Creative Response Concepts (responsible for pushing the ridiculous Kavanaugh doppelgänger theory and otherwise slandering his accusers) registered as a foreign agent in 2005 for the Putin backed Ukrainian politician Viktor Yanukovych. (h/t @thomasafine)
- Sen. Ted Cruz of Texas heckled in restaurant over Kavanaugh controversy
- Seth Cotlar: This story about Kavanaugh’s “buddy” Mark Judge has reminded me of important lessons I learned about the American plutocracy in the late 80s when I moved from a small town to attend an Ivy League college. Thread
- Shannon Watts: Oh man – the male lawmakers in this country have no idea what’s coming, do they? Women are realizing we’re more powerful – and maligned – than we ever imagined. We’re taking back what’s ours: our voices, our rights, and our seats at the table. #BelieveSurvivors #MondayMotivation
- Steve Kantrowitz: Perhaps Brett Kavanaugh was a virgin for many years after high school. But he claimed otherwise in a conversation with me during our freshman year in Lawrance Hall at Yale, in the living room of my suite.
- The GOP’s Least-Worst Option Is If Kavanaugh Withdraws — And Soon
- The Latest: Trump: Dems playing ‘con game’ with Kavanaugh
- Three Yale Law School classmates who endorsed Kavanaugh call for investigation into sexual misconduct claims
- Trump attacks second Kavanaugh accuser, saying she ‘has nothing,’ admits she was drunk
- Trump blasts second Kavanaugh accuser: ‘She admits she was drunk’
- Trump Misspells Tweet, Accuses Democrats of Using ‘False Acquisitions’ to Destroy Kavanaugh
- Trump publicly doubts second Kavanaugh accuser
- White House open to public testimony from second Kavanaugh accuser, Sanders says
- Women’s group projects ‘Kavanaugh is a sexual predator’ on courthouse
- Yale Colleague Accuses Kavanaugh of Lying About Virginity Status, Doesn’t Want to Comment Further
- Yale Law professor who endorsed Kavanaugh says he has second thoughts
- ‘He became aggressive and belligerent when he was very drunk’: Brett Kavanaugh’s former roommate sides with accuser who claims he exposed himself at college party
- A Fourth Woman has contacted Montgomery County with Kavanaugh Rape Allegations
- Angry WH Staffer: Kavanaugh Fox Transcript (Full Text)
- Arizona prosecutor Rachel Mitchell emerges as GOP choice to question Kavanaugh and accuser at hearing
- Boulder’s Deborah Ramirez “adamant” that FBI should investigate her claims against Kavanaugh
- Brett Kavanaugh: “It Depends on What the Meaning of the Phrase ‘Sexual Assault’ Is” – emptywheel
- Brett Kavanaugh’s Yale Roommate Says Nominee Was ‘Capable’ of Sexual Misconduct, Was ‘Aggressive’ When Drunk
- The virginity defense is a reminder of our ignorance about sexual violence
- Cosby spox does Brett Kavanaugh no favors by linking Supreme Court nominee with convicted predator – ThinkProgress
- Democrats: Hold Kavanaugh to his Own Standard for Bill Clinton, and Take Him Apart Piece by Painful Piece
- Keith Ellison Accuser Continues to Call for Examination of Abuse Allegations
- North Dakota GOP Senate nominee: I’m not sure trying to rape someone should disqualify you from SCOTUS
- Opinion | Padma Lakshmi: I Was Raped at 16 and I Kept Silent – The New York Times
WHITE HOUSE CHAOS
- White House grapples with dual crises over Kavanaugh and Rosenstein
- Twitter Users Burn Sarah Sanders After She Says Every Supreme Court Nominee Deserves A Vote
TRADE WAR AND ECONOMY
GOP: THE PARTY OF LINCOLN IS DEAD
- The Republican party is about to face the wrath of women
- Trump’s ‘She Was Drunk’ Argument Is a Disaster for Republicans
- New GOP position: Voters should NOT have any say in Supreme Court nominations
CRIME AND PUNISHMENT
Cosby
- Bill Cosby sentenced to 3 to 10 years in prison for sexual assault
- Bill Cosby sentenced to 3 to 10 years in prison in the first celebrity trial of the #MeToo era
- Bill Cosby Sentenced to 3 to 10 Years in State Prison for Sexual Assault Conviction
- Bill Cosby Was Sentenced To 3–10 Years In Prison For Raping A Woman In 2004
- Judge Designates Bill Cosby as ‘Sexually Violent Predator’ – The Daily Beast
- Cosby deemed ‘sexually violent predator’
- Cosby spox does Brett Kavanaugh no favors by linking Supreme Court nominee with convicted predator – ThinkProgress
Hey, hey hey, look who’s going to prison. It’s America’s Favorite Drug Rapist TV Dad, Bill Cosby.
Should I start with a pudding pop joke? How about asking if he has an orange knit sweater?
No. I think I’ll just sit here and enjoy the schadenfreude, knowing that this monster will spend the bulk of his last years on this planet in prison.
- The Latest: Pope says church judged unfairly on sex abuse
- The virginity defense is a reminder of our ignorance about sexual violence
- Department of Justice Announces the Rollout of an Updated United States Attorneys’ Manual | OPA | Department of Justice
- Keith Ellison Accuser Continues to Call for Examination of Abuse Allegations
ENVIRONMENT & SCIENCE
- Climate gentrification: the rich can afford to move – what about the poor?
- Man paralyzed from waist down makes history by walking again using mind-controlled implant to power his legs
ELECTION 2018
- Sen. Ted Cruz of Texas heckled in restaurant over Kavanaugh controversy
- Shannon Watts: Ted Cruz thrown out of a restaurant in DC featuring braised octopus for $225 versus @BetoORourke who is being welcomed like a rockstar at Whataburgers across Texas.
- Avenatti Says Democrats Won’t Win by Shaming Trump Voters
- Voter ID law revived in major setback to Native American voters
- Ted Cruz is a ‘Serpent Covered in Vaseline’ Who Treats Americans Like Suckers, Conservative NYT Columnist Writes
- Ted Cruz Staring At A Photo Of Beto O’Rourke Tells You What Kind Of Week He’s Having
- Americans! Your voting habits are terrible, so register to vote
- Election security bill won’t pass ahead of midterms, says key Republican | TheHill
- Poll: Dem leads Arizona race for Flake’s Senate seat by 3 points
- Health crisis turned this Trump voter into a Democrat supporter
- Net Neutrality Advocates Push For Awareness Ahead Of Midterms
PROGRESS IS PROGRESS
- MARIJUANA LEGALIZATION: Pa. state rep. introduces bill to legalize recreational marijuana for adults
- Military worship hurts US democracy
- FDA may ban online e-cigarette sales
RUMOR MILL
- 911corlebra777: George you are either supremely stupid, or you are playing deza games again if you think Russian & Israeli persons aren’t linked together in this. You’re an oil & gas guy, where does Russia’s main income come from again ? 🙂
- Countercheckist: Absolutely correct. This investigation involves hundreds of patriots whose only concern is upholding the rule of law. 1 or 2 ppl don’t make or break this fight. The wheels of justice have already started turning, and once they start, they don’t stop.
- Countercheckist: More I’ll say it again: There was no “intelligence failure” in 2016. We knew what was going on, and kept civilian leadership informed. DIRFBI wanted to go public months before the election. His request was turned down. Don’t let politicians & MSM blame their failure(s) on IC.
- PostimusMaximus: You guys thought I was kidding about that whole “Kavanaugh could rape a woman on the Senate floor” thing huh? Like I said. Trump is a monster by comparison and we made him President. There is no moral or ethical low the WH won’t go to.
- Tea Pain: For the safety of your children, there needs to be an app that shows if there are any registered Republicans livin’ in your neighborhood.
- Ming: Has Putin granted Rand Paul citizenship yet?
That’s it for Tuesday. It feels a little slower than Monday, but big things are coming for Wednesday. How do I know? Besides the fact that I’m posting this around lunchtime on Wednesday, I’ll just say I’ve got a feeling.
This is where I would normally say “I want to write something about…” but we know by now that I’ll forget the post by the end of the day. I’m just going to buckle up and wait for the shitstorm to roll in.
SPOILER ALERT: Avenatti wasn’t bullshitting. It’s much, much worse than most people thought, and I was unfortunately close to right.
Thank you, and have a good one.
“Without Journalists, it’s just propaganda.”
– Katy Tur
None of this is Normal 
3 thoughts on “Daily Check-In 09/25/2018”