The Christmas Eve Morning Election News Dump

Where we take the news to get rid of it. At the NYT, cited at Haut Hair, Lawrence Tribe tries to make a case; Will Trump get away with inciting an insurrection? Insty instantly points out the absurdity that ISN’T IT AWKWARD TO CHARGE SOMEONE WITH INCITING AN INSURRECTION WHEN NO ONE HAS BEEN CHARGED WITH INSURRECTION? "These people will provoke a real insurrection with their behavior if they aren’t restrained by more sensible people. And the way the Democrats are doing in the polls, we may reach the point where a majority of Americans would be okay with that." and adds UPDATE: Roger Kimball: Jan. 6 is looking like a ‘Fedsurrection.’ And by way of the Wombat's In The Mailbox: 12.23.21, Josh Blackmun at Volokh, Garland's Choice: Should He Indict Donald Trump for Inciting an Insurrection?

Unlike Tribe, I am not surprised that Garland is staying out of this mess. Even if Tribe is right on the law, prosecutorial discretion would weigh heavily against bringing this charge before the 2024 election. The partisan optics would be like the Russiagate, times a billion.

Indeed, if any of the Section 3 litigation makes it to the Supreme Court, I think the Department of Justice would have to decline to take a position on whether Trump is disqualified from the presidency. The conflict of interest is apparent: President Biden's administration would be litigating to knock his opponent out in Court. For those curious, Mark Elias is already predicting litigation with respect to members of Congress,

At Am Spec, Jeffrey Lord reports Scott Perry Fights Back Says he will refuse to appear before January 6 Committee. Fox, Trump asks Supreme Court to block release of some records to Jan. 6 committee, "Trump's attorneys call the congressional request 'untethered from any valid legislative purpose'" It's also an illegally constituted committee with a habit of leaking doctored "evidence." Also at Wa Free Bee.

From Da Mail, Partner at multimillion-dollar graphics design company, 34, is first Proud Boys member to plead guilty to conspiracy in the Capitol riot and faces four years in prison. But not Ray Epps. 

Alexsandar Markovic, at Am Think thinks Here There Be Monsters

On January 6, none of the protestors was armed, nobody burned down a building, and the only violence was against the protestors, committed by the D.C. police. The sole fatality was an unarmed protestor at the hands of a capitol security officer. Instigators and provocateurs abounded in the crowd, but none was subsequently charged. In fact, their names were thereafter purged from public records. Elected officials blocks away from the event stated they were in fear of their lives. The anti-gun Speaker of the House’s request of the military to set up crew-served machine guns was declined. Biden called it the most serious threat to American democracy since the Civil War, a characterization repeated daily by the Left. Over 400 protestors were arrested, and most remain detained without bail in deplorable conditions. Those few who have been charged were not charged with insurrection or anything like it. Another protest occurred in D.C. since then, in which a protestor attacked a U.S. senator’s door with an ax. The Antifa protestor was out on bail without delay despite committing worse violations than the January 6 protestors, ultimately received probation, and his ax was returned to him.

The redoubtable Julie Kelly at Am Think give out the Lump of Coal Awards 2021: January 6 Edition. 

Ace wakes up and noticed Brandon: Sure I'll Run in 2024... If I'm Healthy. You Know, Like I Am Now. At NR, Phil Klein explains Why Biden’s Approval Ratings Are About to Get Worse. We need an explanation? ADNAmerica, New poll finds 65 percent of Latino voters disapprove of Biden's job performance. Now the Republican need to capitalize on that. Tobin whines at Newsweek, The Pandemic Won Biden The White House. Now It's Costing Him "Though Democrats are still doing their best to blame the country's problems on the previous president, Republicans and the unvaccinated, they are now being reminded of a basic political truth. Incumbent presidents can take credit for the sunshine but must also shoulder the blame for rain." At Cook, Amy Walter thinks the Democrats Build Back Better Strategy Puts Democratic Incumbents in Jeopardy. At Haut Hair, Capt. Ed finds the NYT admitting Let's face it -- Harris has flopped as VP. 

Matt Vespa hears whispers Oh, So That's Why So Many Aides Are Waiting to Flee the Biden White House. Because their not getting what they believe are the perks due them? Sundance at CTH reports Biden Aides Tell Friends in Media Working for This Administration Is a Misery at Christmas. Just wait until you have to get a real job. 

AllahPundit at Haut Hair not a believer when Ted Cruz says I'm well positioned to be the Republican nominee for president, you know, and Karen Townsend at Haut Hair reports Regrets, he has a few: Rep Tom Rice flip flops on vote objecting to 2020 Electoral College results.

Aaron Kliegman at JTN, Democrats resisting anti-voter fraud probes, reforms nationwide. I wonder why they don't want elections honest and secure. No, not really. At Wa Ex, Paul Bedard finds More believe in cheating in 2020 election, hit ‘Zuckerbucks’. And the harder Democrats try to convince people otherwise, the more they believe. It's almost like they have a credibility problem. 

From Da Caller, Maryland Democrats Sued Over ‘Extreme’ Gerrymandering Of 2022 Congressional Maps. Good. 

“The Maryland General Assembly created these illegal maps in dark backrooms and now they will be forced to defend them in a court of law,” Fair Maps Maryland spokesman Doug Mayer said. “These Marylanders are victims of electoral corruption and blatant voter suppression, and this lawsuit is their only remedy to undo the damage the General Assembly has perpetuated against them for decades.”

Republican Gov. Larry Hogan created an independent commission which drew more balanced maps, according to independent expert analyses, but the legislature opted instead to vote for the gerrymandered maps granting Democrats an advantage.

Contrast to, from Twitchy, Eric Holder and Marc Elias get dropped on their heads over lawsuit challenging Arizona’s new congressional districts

Dave Wasserman @Redistrict

ICYMI, both *Dem* commissioners voted to approve the 5-4 Biden map in Arizona your org just filed a hopeless lawsuit against. Did they engage in “egregious conduct?” Lol this is getting out of hand.

Eric Holder @EricHolder

This is just plain stupid. We file our suits in places where there is egregious conduct - and where we can win. Tell the would be trial lawyers - now standing on the sidelines - to shut the hell up. twitter.com/redistrict/sta…

I'm pretty sure Eric Holder isn't filing in MD. Either Gerrymander, or don't, but the rules have to apply across the board.

Mike LaChance at LO, Evidence Shows Liberal Narrative About No Critical Race Theory in Schools is False, but at Da Caller, Teacher’s Union President Randi Weingarten Says Anti-CRT Advocates’ Efforts Spell ‘The Demise Of Public Schools’. The schools will fail  if we aren't allowed to tell White kids that they're racist, and black kid's that they're victims?