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Defend Our Country Digest

Defend Our Country Digest — December 5, 2023

By December 5, 2023No Comments

Driving the Day

Must Read Stories

Courts allow Jan. 6 lawsuits against Trump to proceed, reject immunity claims

  • New York Times: Appeals Court Says Jan. 6 Suits Against Trump Can Proceed for Now: “A federal appeals court ruled on Friday that civil lawsuits seeking to hold former President Donald J. Trump accountable for the violence that erupted at the Capitol on Jan. 6, 2021, can move forward for now, rejecting a broad assertion of immunity that Mr. Trump’s legal team had invoked to try to get the cases dismissed. But the decision, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, left open the possibility that Mr. Trump could still prevail in his immunity claims after he makes further arguments as to why his fiery speech to supporters near the White House on Jan. 6 should be considered an official presidential act, rather than part of his re-election campaign.”

  • Salon: “An absolute tsunami”: Legal experts stunned at “disastrous legal day” for Trump: “Two D.C. courts on Friday shot down former President Donald Trump’s presidential immunity claims related to January 6 and his efforts to overturn his 2020 election loss. U.S. District Court Judge Tanya Chutkan on Friday ruled that being president does not equate to a lifelong ‘get-out-of-jail-free’ pass.’ ‘Former Presidents enjoy no special conditions on their federal criminal liability,’ she wrote. ‘Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.’ Chutkan also shut down Trump’s argument that the case presents a violation of his First Amendment rights, as his attorneys have alleged that his challenging of the election via claims of election fraud was a protected act of free speech.”

  • Washington Post: U.S. judge rejects Trump immunity claim on Jan. 6 criminal prosecution: “A federal judge on Friday rejected Donald Trump’s claim of ‘absolute immunity’ from criminal prosecution for actions taken while he was president, setting the stage for a legal battle over presidential power probably headed to the U.S. Supreme Court and starting the clock ticking on whether the justices will agree to allow him to face trial in Washington before the 2024 election. U.S. District Judge Tanya S. Chutkan denied Trump’s request to toss out his four-count August indictment on charges of conspiring to defraud the federal government’s election process, to obstruct Congress’s certification of the vote on Jan. 6, 2021, and to disenfranchise American voters.”

House expels Rep. George Santos in historic, bipartisan vote amid ethics violations and campaign finance abuses

  • Washington Post: Rep. George Santos expelled from Congress on bipartisan vote: “The House voted Friday to expel Rep. George Santos (R-N.Y.) from Congress — an action the chamber had previously taken only five times in U.S. history, and not for more than 20 years — in response to an array of alleged crimes and ethical lapses that came to light after the freshman lawmaker was found to have fabricated key parts of his biography. The resolution to expel Santos passed in a 311-114 vote, easily exceeding the required two-thirds threshold for removal, with numerous Republican lawmakers turning against Santos in what was the third effort to expel the New York congressman this year. Two Democrats voted present, and eight lawmakers did not vote.”

  • New York Times: George Santos Reveals One Truth: It’s Easy to Abuse Campaign Finance Laws: “Perhaps no federal officeholder in modern American history has been accused of ignoring, testing or breaking as many aspects of campaign finance law so flagrantly, in such a short span of time, as George Santos has. But his case, while sensational, illustrates the profound weaknesses of the system, and its potential for abuse. For years, campaign finance laws have eroded, while the watchdogs responsible for their oversight have been weakened by limited powers, underfunding, and political stalemate. The system, which largely relies on campaigns and political committees to self-report thousands of donations, expenditures, loans, and refunds.”

  • Washington Post: 11 of the most scathing allegations in the House ethics report about Santos: “Embattled Rep. George Santos (R-N.Y.) was expelled from Congress on Friday on a bipartisan vote. The effort — which received both Republican and Democratic support — came after House investigators found ‘substantial evidence’ that Santos knowingly violated ethics guidelines, House rules, and criminal laws, according to a report released by the House Ethics Committee this month. After the report was released, Santos — who has for months faced demands to resign from several of his House colleagues — announced that he would not seek reelection next year. The 56-page report details a sweeping array of alleged misconduct. According to investigators, Santos allegedly stole money from his campaign, deceived donors, reported fictitious loans, and engaged in fraudulent business dealings. The congressman, the report alleges, spent hefty sums on personal enrichment, including visits to spas and casinos, shopping trips to high-end stores, and payments to a subscription site that contains adult content.”

  • New York Times: With Santos Ouster, a Chaotic Congress Makes History Again: “Moments, after House members cast a historic vote to expel Representative George Santos of New York, Speaker Mike Johnson, banged the gavel with a grim look on his face. ‘In light of the expulsion of the gentleman from New York, Mr. Santos, the whole number of the House is now 434,’ he announced gravely to an uncommonly silent House chamber, looking down with a faint grimace. It made official what had been apparent in recent days — that many of his fellow Republicans had been willing to defy his wish to keep Mr. Santos, a serial fabulist, in Congress, and that Mr. Johnson and his party were now facing ever-more brutal political math. Their slim four-vote majority has dwindled to just three.”

In The States

FLORIDA: Federal appeals court says the state’s congressional map does not discriminate against Black voters and does not need to be redrawn

  • CNN: Florida appeals court upholds congressional map championed by DeSantis: “A Florida appeals court on Friday upheld the state’s congressional map advocated by Gov. Ron DeSantis, which was enacted after the 2020 census and dismantled a Black-majority district in the northern part of the state. The decision reversed a lower court ruling, which had found that the new map had improperly diluted Black voting power. The appeals court disagreed, finding that the plaintiffs ‘failed to present any evidence’ that the earlier version of the 5th Congressional District, which connected Black communities from Jacksonville to Tallahassee, contained a singular cohesive community that would have a right to protection under Florida’s constitution.”

GEORGIA: Georgia legislators release redrawn congressional maps that are still gerrymandered and not VRA-compliant

  • Atlanta Journal-Constitution: New Georgia congressional map maintains Republican power and may defy judge: “Georgia Republican legislators refused to create an additional congressional district with a majority of Black voters and people of color, unveiling a map Friday that could defy a judge’s ruling that the state illegally weakened Black voting power. The Republican-drawn map does not provide additional opportunities for Black representation in the U.S. House, leaving in place the GOP’s 9-5 advantage among Georgia’s congressional delegation. Under the proposed map, nine districts would remain majority-white — the same amount as Georgia’s existing districts. The Republican plan would increase the number of majority-Black districts to four by altering an Atlanta-area district where no race makes up a majority, currently represented by Democratic U.S. Rep. Lucy McBath. Another district in southwest Georgia district would remain 49% Black.”

  • The Guardian: Georgia county to use program linked to election denier to flag ineligible voters: “A Georgia county on Friday agreed to use a controversial program to identify ineligible people on its voter rolls that is connected to one of the most prominent election deniers and a key figure in Donald Trump’s efforts to overturn the 2020 election. Columbia County, which is just outside Augusta, is believed to be the first place in the US to use the program, which is called EagleAI, the New York Times reported. The software matches voting data with publicly available information like post office and death records to flag people who should no longer be on the rolls. It’s not immediately clear how the county plans to use the database, but Larry Wiggins, a Democratic member of the Columbia county board, told the Times that it would help officials there deal with challenges next year.”

NORTH CAROLINA: North Carolina court blocks state law that took away governor’s election board oversight power

  • The Carolina Journal: Unanimous three-judge panel blocks new bipartisan NC elections board: “A three-judge panel agreed unanimously Thursday to block a new state law that would replace the current Democrat-majority state elections board with a new bipartisan body. Judges reached that decision after roughly 90 minutes of arguments in Wake County Superior Court. The new elections board had been scheduled to take effect on Jan.1. With the judge’s decision to issue a preliminary injunction, the current elections board will remain in place throughout legal proceedings in the case titled Cooper v. Berger. Judges signaled that they would like to conduct a trial early next year. Republican legislators approved the new board through Senate Bill 749 after overriding a veto from Democratic Gov. Roy Cooper. Cooper filed suit against the bill, naming Senate Leader Phil Berger, R-Rockingham, as the lead defendant.”

LOUISIANA: Lawmakers now have until Jan. 30 to redraw the state’s congressional map, federal judge rules

  • Associated Press: Louisiana granted extra time to draw new congressional map that complies with Voting Rights Act: “Louisiana lawmakers now have until the end of January to draw and pass new congressional boundaries to replace a current map that a federal judge said violates the Voting Rights Act by diluting the power of the state’s Black voters. However, several questions still linger — including if and when the GOP-dominated Legislature will return to the Capitol and, most of all, if lawmakers will be able to agree on a map. Baton Rouge-based U.S. District Judge Shelly Dick issued a two-week extension Thursday afternoon, giving lawmakers extra time to construct a congressional map, the American Civil Liberties Union confirmed to The Associated Press. The new redistricting deadline is Jan. 30.”

What Experts Are Saying

Tom Joscelyn and Norm Eisen for Just Security: “Previously, we examined at length Chesebro’s writings, which show how the false electors’ votes were intended to obstruct the joint session of Congress on Jan. 6, 2021. We have also analyzed what Chesebro reportedly told Fulton County prosecutors, raising questions about the extent of his cooperation under his plea deal. In this third installment, we suggest ten basic questions that prosecutors should ask Chesebro, both to gauge the extent of his willingness to cooperate and to illuminate how his scheme was intended to work.”

Andrew Weissmann, about Judge Tanya Chutkan’s decision on presidential immunity, on X (Twitter): “From Judge Chutkan’s decision on presidential immunity yesterday: ‘By definition, the President’s duty to ‘take Care that the Laws be faithfully executed’ does not grant special latitude to violate them.’”

Rakim Brooks, about the Supreme Court’s new ethics code, for Democracy Docket: “After intense pressure from advocates and the public, the Court issued its first-ever Code of Conduct for Justices of the Supreme Court of the United States. Unfortunately, this new code has given us little reason to adjust our advocacy. Indeed, the one silver lining is that seemingly everybody immediately noticed how this new code is a farce. Polling after the code was issued found that it hardly convinced anyone…The problems with the code boil down to the fundamental lack of accountability. Put simply, there is no means of enforcing this code of conduct. The icing on this cake: Justices must ‘knowingly’ violate several of the code’s hints at ethics. If recent experience teaches us anything, we are just inviting the justices to plead ignorance — and then immediately forgive themselves and one another. Indeed, this new code excuses all of the behavior for which the justices are currently under fire, including Thomas’s deep financial ties to Harlan Crow, Alito’s luxury fishing trip with Paul Singer, and Chief Justice John Roberts’ wife recruiting attorneys to law firms with cases before the Court.”

Jennifer Rubin, about Judge Tanya Chutkan’s decision on presidential immunity, for the Washington Post: “Chutkan’s ruling might turn out to be the most consequential legal defeat yet for Trump and quite possibly a decisive turning point in the 2024 presidential election. In dispensing with Trump’s criminal immunity claim, Chutkan held emphatically, ‘The Constitution’s text, structure, and history do not support that contention. No court — or any other branch of government — has ever accepted it. And this court will not so hold.’ She continued, ‘Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass.’ She added, ‘Former Presidents enjoy no special conditions on their federal criminal liability. The defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.’”

Joyce Vance for Substack: “Also this week in the Supreme Court, the Justices are expected to return as early as Friday to consider a matter they had planned on taking up in conference last week before the news of Justice Sandra Day O’Connor’s death. In three cases, men convicted in connection with January 6 are challenging the charge of obstructing an official proceeding on appeal. They were each previously convicted by a jury on that charge and the court of appeals affirmed. Now they’re asking the Supreme Court to reconsider. Donald Trump has been charged with the same crime…The Supreme Court has two choices. They can decline to hear the case, which means the Court of Appeals ruling would stand, the three defendants’ convictions would be affirmed, and the case against Donald Trump could proceed. Or, the Court could agree to hear the matter. If they take it up, look for Trump’s lawyers to immediately file a request to delay proceedings against their client before Judge Chutkan until the matter is resolved.”

Headlines

Extremism

CBS: Eligible voters are being swept up in conservative activists’ efforts to purge voter rolls

Trump investigations

New York Times: What to know about Donald Trump’s gag orders in D.C. and New York

Atlanta News First: Donald Trump’s co-defendant reportedly threatens a witness

Newsweek: Mark Meadows Gets Bad News in Long Shot Trial Strategy

Raw Story: ‘Simply nonsense’: Judge shoots down Rudy Giuliani’s desperate bid to escape liability

New York Times: What to Know About Trump’s Civil Fraud Trial

January 6 and the 2020 Elections

Los Angeles Times: FBI arrests L.A. actor and Republican Party official over alleged involvement in Jan. 6 riot

Newsweek: Owen Shroyer Suddenly Gets New Prison Release Date in Jan. 6 Case

Opinion

Washington Post: Jennifer Rubin: Trump’s biggest loss yet: No immunity

The Hill: James Zirin: Santos, Menendez, Trump: The ethics mirage in Washington

New York Times: David French: It’s Time to Fix America’s Most Dangerous Law

Washington Post: Dana Milbank: The Last Temptation of George Santos

In the States

Washington Post: Arizona officials charged with conspiring to delay midterm election outcome

The Guardian: New maps offer hope for Alabama voters ignored for so long

CBS Detroit: Michigan Democrats expand voter registration and election safeguards