At NRO (cited at Hat Hair) Andy McCarthy warns Don't Be Fooled -- Hunter's Stalling. "Indeed, if instead of moving forward with contempt, the Republican-led committees were to issue a new subpoena, they, not Hunter, would be seen as backing down. That said, I still think that’s the GOP’s best option." Capt. Ed at Hat Hair adds "Why is a new subpoena necessary, *except* as a delaying tactic? But why bother at all when Merrick Garland’s DoJ will almost certainly refuse to enforce a contempt citation? Perhaps Lowell is concerned that Garland might choose otherwise, but I think this is just more stunt work. And it might inadvertently help Speaker Mike Johnson in unifying his caucus, at least to some extent." James Lynch at Da Caller, FBI Holding Onto Another Form Related To Biden Bribery Allegations, Jim Jordan Says “Pursuant to the House’s impeachment inquiry into President Biden, as well as the Committee’s Constitutional oversight authority over the Department of Justice, we write to request that you produce an FBI FD-1023 form (‘FD-1023’) dated March 1, 2017, concerning a confidential human source (CHS) report about payments made to the Biden family from foreign entities,” Jordan’s letter begins."
Also at Da Caller, ‘It Doesn’t Happen’: Veterans Detail What Would Happen To Regular Troops If They Pulled A Lloyd Austin. Capt. Ed, "Well, RHIP, I suppose. But that’s only true as long as leadership tolerates it, and this leadership is particularly dishonorable and corrupt." John Lucas at Bravo Blue asks SECDEF Austin Must Go; But How Did He Get Here? "And what else have we not been told?" At Althouse "At the Pentagon, staffers often share the meme of Homer Simpson backing into a hedge and disappearing from view to characterize their boss’s aversion to any limelight." "But that reticence, [Lloyd] Austin’s backers say, reflects decades of cultural challenges for a Black man who has succeeded in the military by learning not to showcase too much of himself...." Didn't seem to bother Colin Powell.
Collin Rugg@CollinRugg "JUST IN: Pro-Palestine protesters try to breach the security fence outside of the White House, forcing DC police to hold the fence. If they were wearing red MAGA hats this would be all over the news. According to @Julio_Rosas11, the fence was attacked so badly that Secret Service and the DC Police had to make repairs. Secret Service agents are reportedly in riot gear.| Breitbart wants you to Watch – Pro-Palestinian Protesters Swarm White House Fence, Secret Service Deployed. Insty, WELL, BIDEN’S COUNTING ON THE MUSLIM VOTE IN KEY STATES: OSINTdefender@sentdefender, "Crowds of Terrorists chanting for continued Attacks against the West are in our Nation’s Capital tonight and nothing is being done by Law Enforcement to put an End to it." Althouse, "Thousands of protesters participated in the rally, some carrying signs that read: 'No votes for Genocide Joe,' 'Biden has blood on his hands' and 'Let Gaza live.'" ""Biden has been a supporter of Israel and approved an 'emergency sale' that sent nearly 14000 rounds of tank ammunition worth $106M to the Jewish State last month...." From "Pro-Palestinian protesters chant ‘f–k Joe Biden,’ damage fence outside White House" (NY Post)." Sounds a little insurrectiony to me. Matt Margolis at PJM reports Now Democrats Are Accusing Joe Biden of Impeachable Offenses for droning the Houthis. Jazz Shaw at Hat Hair, Biden Calls Designated Terror List 'Irrelevant' Either have one or don't have one, but don't have one, then ignore it.If the Court wants to issue one definitive ruling that will resolve all 14th Amendment challenges nationwide, it has two pathways — and both of them result in Trump victories.,
First, the Supreme Court could rule that only Congress has the authority to set procedures for application of the 14th Amendment and that, in the absence of such enabling legislation, the states are out of luck. (Keep in mind that, while Section 3 of the 14th Amendment contains the insurrection clause, Section 5 provides that “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”)
Second, the Court might rule that the 14th Amendment does not apply to the presidency. On one hand, the Amendment’s text does delineate certain offices — senators, representatives, even presidential electors — but not the president (though it does apply to “any office, civil or military, under the United States”). On the other hand, it’s tough to believe the Framers wanted to keep insurrectionists out of all offices except the most powerful one.
If I had to guess — and we are all guessing, perhaps cut with some experience and intuition — I’d go with the former one-shot approach (though the Court could do both).
Capt. Ed, "I agree, although Honig’s incorrect on his assertion that Congress has not acted under Section 5 to implement Section 3. Congress has passed and modified a statute over the last century-plus that makes insurrection a federal crime. Trump has not been charged with that crime, let alone convicted of it, so there is no disqualification to apply in regard to Section 3. That would not just make clear what a DQ process would look like, it would require full due process to apply it. That’s the cleanest outcome for SCOTUS, and I predict that’s exactly how they’ll rule." Matt Taibbi, Courts, The New Campaign Trail "A note in reply to commenters on “More Lunatic Legal Coverage”"
Althouse, "[F]or the sake of argument, let’s stipulate that forms of violence on a much smaller scale than the Civil War could qualify as an insurrection or a rebellion..." "... under the terms established by the 14th Amendment. [Adam] Serwer and [Ilya] Somin argue that relevant examples abound in American and world history.... One example Somin cites is the 1923 Beer Hall Putsch.... Another example that both mention is the Whiskey Rebellion... [These] are obviously different from Jan. 6.... What transforms a political event from a violent riot or lawless mob (which Jan. 6 plainly was) to a genuinely insurrectionary event is the outright denial of the authority of the existing political order and the attempt to establish some alternative order in its place...." Writes Ross Douthat, in "Why Jan. 6 Wasn’t an Insurrection" (NYT). ET, Democrats Bring Bill to Prohibit Armed Citizen Militias "According to the lawmakers, the legislation clarifies that ’these domestic extremists’ paramilitary operations are in no way protected by our Constitution.’" Introduced by Sen. Ed Markey (D-Mass.) and Rep. Jamie Raskin (D-Md.) on Thursday, the bill dubbed the “Preventing Private Paramilitary Activity Act” would prohibit privately organized groups from “publicly patrolling, drilling, or engaging in harmful or deadly paramilitary techniques,” “interfering with or interrupting government proceedings,” or “interfering with the exercise of someone else’s constitutional rights,” according to Mr. Markey." I suspect the part about "prohibit privately organized groups from “publicly patrolling, drilling," violates the constitution. Tyler O'Neil at Da Signal, ORWELLIAN NIGHTMARE: Biden Admin Consulted Anti-Christian Group for ‘Domestic Terrorism’ Strategy, SPLC. Also from Tyler, but at CJ, DEI’s Attack Dog. "The Southern Poverty Law Center is assisting the Biden administration’s sham campaign against “domestic terrorism.”
Insty, BILL ACKMAN HASN’T BACKED DOWN: Bill Ackman@BillAckman "The owner of Business Insider Mathias Döpfner engaged in plagiarism for his PhD « XJMR How’s this for irony? https://econjobrumors.com/topic/the-owne". The College Fix reports UMass students arrested for illegal sit-in complain they now aren’t allowed to study abroad. Capt. Ed, We Meet Again, Consequences of Our Own Actions: Academia Edition, "Students and faculty could have held a legal demonstration on the grounds of the campus, but chose to trespass and conduct an illegal “action” instead. That’s not a First Amendment issue, it’s a criminal matter. Choices have consequences, buttercups. Better get used to that idea, even in Academia."
AZ Sun Times, Riley Gaines, Other Prominent Female Athletes Protest NCAA Convention in Phoenix For Allowing Transgenders in Women’s Sports. You go, girls! Madeline Leesman at TownHall reports the Ohio House Overrides Governor's Veto on Legislation Protecting Women's Sports. At Da Fetched, Liberal Teacher Tells Students It’s ‘Offensive’ to Identify as ‘Straight’, be anything you want, except normal.
At WaEx, Trump HHS official condemns new healthcare conscience rule: ‘Open season’. You will provide the abortion or gender surgery if asked to.
The Wombat has FMJRA 2.0: Whip it good! up at The Other McCain.
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