Friday, January 28, 2022

It's Official, Breyer Out, Sort Of

Naturally, the Breyer retirement, or resignation, or whatever it is, leaving a Supreme Court opening for Biden to potentially fill is still the dominant topic today. When I left things yesterday it was still an open question; Via the Wombat's In The Mailbox: 01.27.22,  Don Surber asks Is Breyer retiring?. Well, the timing suggests he might have been pushed, but he eventually came to the White House to give a public statement. Herr Professor Jacobsen at LI, Breyer: I’m Retiring, But Only When My Successor Is Confirmed, which is interesting. So, if the Senate were to suddenly change hands, with the death or other loss, he could back out. Now deny to me that this is not a political move. At Da Wire, President Biden Hands Face Mask To Justice Breyer, Internet Freaks Out. Well, the internet is mostly one giant freak out. Also, ‘I’m An Optimist’: Justice Breyer Pulls Out Pocket Constitution, Says He Believes American ‘Experiment’ Will Prevail. Rick Moran at PJ Media, Biden and the Left Looking for a 'Reset' With SCOTUS Pick. Of course they are; don't let them off the hook for the damage they've done so far.

So what are his prospects of getting his first pick? Pretty good, I think, but Insty (at NYPo) says Hang on to your hats: Breyer’s retirement sets up a bumpy confirmation battle.  Capt. Ed at Haut Hair, Manchin: I won't judge Biden SCOTUS nominee on ideology. At Da Wire, Manchin Says He Is Willing To Support A Liberal Justice. Matt Margolis at PJ Media says Don’t Expect Manchin or Sinema to Save Us From Biden’s SCOTUS Pick. Nick Arama at Red State,  McConnell Warns Biden on SCOTUS Pick, as Sinema Indicates She Won't Act as Rubber Stamp. Emily Brooks at WaEx, McConnell warns Biden not to ‘outsource’ Breyer replacement to ‘radical left’.

In an interesting twist, from the Wombat's In The Mailbox: 01.27.22, Herr Professor at LI Remembers When Liberal Law Profs Said VP Can’t Cast Tiebreaker On Supreme Court Nominations? I Bet Mitch Does, "Lawrence Tribe 2020 on Barrett nomination: “While the vice president has the power to cast a tiebreaking vote to pass a bill, the Constitution does not give him the power to break ties when it comes to the Senate’s “Advice and Consent” role in approving presidential appointments to the Supreme Court.”" AllahPundit at Haut Hair whines Laurence Tribe: I think I stand by my view that the VP can't break a Senate tie on confirming a judicial nominee. I don't think we have to worry about it; between Mitch Romney, Susan Collins and Lisa Murkowski I think there will be enough Republican defectors to put her over the top. Also, Crazy Mazie Hirono: I want a justice who won't base her decisions solely on law, and she will likely get her wish.

There are, I think, principled objections to Biden restricting the pool to only black women, but lets face it, that canoe paddled away a lot time ago. Jonathon Turley, The Gipper Model? Biden’s Pledge to Appoint a Black Female Justice Has Liberals Citing Reagan. A YouGov Poll: Dems say it's important for black woman to replace Breyer on CourtCandace Owens@RealCandaceO

It would be my absolute honor to accept this nomination on behalf of the American people. I assure you I meet all the necessary qualifications as I am both black and female. I look forward to establishing further communication with the Biden administration.

At Am Spec, Jeffrey Lord The Big Lie of Biden’s ‘Black Woman’ Court Promise, "Remembering what was done to Clarence Thomas." I remember, but many voters are too young. At Breitbart, Ingraham remembers Biden Opposed and Filibustered Janice Rogers Brown’s Nomination, Race and Gender ‘Only Count’ if You Have Left-Wing Beliefs. And Rick Moran, In 2003, Joe Biden Filibustered and Voted Against Nomination of a Black Woman to the Federal Bench. According to Breitbart, Clyburn Confirms His Endorsement of Joe Biden Hinged on SCOTUS Pick. Across da Pond at Da Mail they've already started to vet the likely choices, Joe’s leading SCOTUS choices: Black judge who said her skin color made her more 'valuable,' one who struck down a 2020 election security measure, another whose husband donated $1,000 to Biden, and woke ex-NAACP official Sherrilyn Ifill. At PJ Media, Stephen Kruiser worries Biden's SCOTUS Pick Will Undoubtedly Be Tragic, "Biden will saddle us with a Supreme Court pick who makes Stephen Breyer look like William Rehnquist. It won’t tip the balance of the court just yet, but it will be another brick in the communist wall that the Democrats are building." 

At Haut Hair, Jazz Shaw explains why he thinks Why the GOP should sit out the SCOTUS confirmation fight, but Dan Flynn at Am Spec want pay back and says Biden’s Judiciary Committee Career Shows GOP Obstructionism Pays, "The bills for Democrats’ Borkings have been accruing interest for decades." I would say vet hard, vet fair, and don't riot. 

Some miscellaneous things that have arisen in the context of Breyer resignation. Dan McLaughlin at NR reports on  The Dishonest Cancellation Campaign against Ilya Shapiro. Most cancellation campaigns are dishonest. Get your tinfoil hats ready; AllahPundit finds a Newsmax host worrying that Breyer's retirement the way Hillary ends up as president? "In fairness to Grant Stinchfield, this is only the second-craziest succession scheme I’ve seen in the past 24 hours." Almost as weird, at WaEx, Tina Lowe blames Trump, Thank Trump's 'Stop the Steal' lies for letting Democrats replace Justice Breyer.

On J6 matters, Tristan Justice at Da Fed reports Exclusive: House Democrats Won’t Release Required Staff Reports In J6 Probe. The whole affair is illicit. Also, J6 Staffer Drops Out Of Liz Cheney Fundraiser Following Conflict Of Interest Allegations. Hmmm.  At NYPo, Alex Jones pleaded the Fifth ‘almost 100 times’ when questioned by Jan. 6 panel, As well he should,following the Lois Lerner model he should say, "I didn't do nuffin'" and then refuse to answer any more questions. Also at NYPo, Cheney slams Gingrich for saying Jan. 6 panel members could be jailed. But she would look so good in orange! Paul Bedard at WaEx is keeping score as GOP who's who rallies for Liz Cheney, Romney leads. Jeff Reynolds at LI notes how Newly Elected Virginia AG Continues Cleaning House, Fires University Lawyer Serving As Lead J6 Investigator. It's a small thing, but it's a thing.

At Frontpage, a Video: Documented Proof Trump Ordered 10,000 National Guardsmen Ahead of Jan. 6, "Kash Patel explains how things REALLY went down." Stephen Kruiser says Nick Searcy Is on a Mission to Destroy Dems' Jan. 6 Lies, with his movie  Capitol Punishment. NYT, cited at Haut Hair thinks Cawthorn challenge raises question: Who is an "insurrectionist"? A stupid question, because there was no insurrection. 

The redoubtable Julie Kelly wants us to Meet the Capitol Police’s New Spy Chief. At WFAA, Stuey Rhodes ex-wife  shares fears as estranged husband, Oath Keeper founder awaits judge's decision on his release. Because ex-wives are such excellent judges of character. Vicky Taft at PJ Media is happy that 'Walk Away' Activist Brandon Straka Can Finally Speak About Being Under the FBI's Thumb After Jan 6

Straka says that although he has regrets from January 6, he had no idea there was a riot and violence on the west side of the Capitol Building. He says he was on the east side, the peaceful side, but nevertheless they threw the book at him.

Federal attorneys say Straka took video that shows he encouraged law-breaking that day. He wasn’t charged with that. But, like most if not all other Capitol targets, Straka says he was ordered to keep quiet or face being charged with more crimes.

The Department of Justice lawyers leaked word that Straka had provided information to them, which was turned into salacious “news” stories that he’d become an informant of some kind. Straka says that’s nonsense. He said in the three-and-a-half years he’s been involved in politics he’s never heard anything about “ANY INFORMATION of ANY KIND about any criminal wrongdoing of any person in the MAGA movement.” Nevertheless, some people have labeled him a snitch of some kind.

Dinesh D’Souza says Straka showed the feds it wasn’t he who grabbed a shield on the Capitol Police officer. He pointed out the video proving it wasn’t him. “He did not sell out the conservative movement,” says D’Souza.

Brandon Straka@BrandonStraka "I have not spoken to my twitter audience in an entire year. Please read my statement below. . . ." But the DOJ doesn't really mind political violence, if it's on the left side, Matt Margolis at PJ Media, Biden's DOJ Thinks BLM Criminals Deserve Lesser Sentences

Earlier this month, a BLM rioter was sentenced to ten years in federal prison for burning down a Minneapolis pawn shop during the George Floyd riots in May 2020.

Sentencing guidelines, however, recommended a sentence of nearly double that. It turns out that Joe Biden’s Justice Department recommended a lesser sentence because the rioter, Montez Terriel Lee Jr., of Rochester, New York, committed his crime in the name of Black Lives Matter.

According to a memo from the U.S. Attorney’s office for the District of Minnesota, even though Lee “committed a crime that cost a man his life,” his motives for committing the crime merited a lesser sentence.

“Mr. Lee’s motive for setting the fire is a foremost issue. Mr. Lee credibly states that he was in the streets to protest unlawful police violence against black men, and there is no basis to disbelieve this statement,” the memo reads. “Mr. Lee, appropriately, acknowledges that he ‘could have demonstrated in a different way,’ but that he was ‘caught up in the fury of the mob after living as a black man watching his peers suffer at the hands of police.'”

At the VA Star, Inside Virginia Gov. Youngkin’s Meeting with Democrat Delegate Who Questioned Governor’s Christian Faith and Attorney General Miyares Announces Rule to Cut His Office’s Student Debt Collection Fees to 15 Percent.

At WaEx, Judge rules teenager who committed Loudoun sexual assaults won’t have to register as sex offender and at Da Caller, Loudoun County Rapist Dropped From Sex Offender Registry, Father Of Victim ‘Heartbroken’ I'm generally in favor of leniency to juveniles, but would this have happened if he'd worn a MAGA hat instead of a skirt?

Also from the Wombat's In The Mailbox: 01.27.22, The Political Hat: Modern Education – Secret Indoctrination, BLM Guiding Principles, & Brainwashing In 21 Days and Da Fed, a  Dallas Private School Lies To Parents About Teaching Racism and Weasel Zippers, This Is A Utah Elementary School Teacher. At PM,  Social justice educator threatens 'legal remedies' after her own father claimed she lied about her background

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