Saturday, June 29, 2024

Flotsam and Jetsam - Supes Strike J6 Obstruction Charges, Deep Six Chevron Deference, Hit Homeless

Before we get to the extended postmortem of the Biden meltdown at Thursday's Trump vs. Biden debate, some news from the Supreme court. First, The Court rule against the DOJ using a charge of "obstruction of an official proceeding" as a device to charge elevate several hundred J6 protestors charges into felonies, a ruling that potentially also affects Jack Smith's charges against Donald Trump in his Washington D.C. court cases. Susie Moore at RedState, Supreme Court Hands Down Blockbuster Ruling in Case That Will Impact Multiple J6 Defendants "In a 6-3 decision delivered by Chief Justice John Roberts, the Court held that: "To prove a violation of §1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so." Justice Amy Coney Barrett's dissent was joined by Justices Sonia Sotomayor and Elena Kagan." Matt Vespa at TownHall, SCOTUS Hands Down Huge Decision Affecting J6 Defendants.  At Da Signal Fred Lucas, Supreme Court Rules on Anti-Obstruction Law in Jan. 6 Case and Seth Lucas, Jan. 6-Related Court Case Could Affect Indictment Against Trump. Da Caller, Supreme Court Thoroughly Rebukes Biden DOJ For Abusing Law To Go After Trump And His Supporters. Kevin Downey at PJM, SCOTUS Hands Down J6 Decision Affecting Hundreds of Capitol Protestors. Althouse, "The Supreme Court sided on Friday with a member of the mob that stormed the Capitol on Jan. 6, 2021, saying that prosecutors had overstepped in using an obstruction law to charge him...." ""Lower courts will now apply that strict standard, and it will presumably lead them to dismiss charges against many defendants. The most prominent defendant charged with obstruction is former President Donald J. Trump as part of the federal case accusing him of plotting to subvert the 2020 election...." Writes Adam Liptak, in "Live Updates: Supreme Court Rules for Member of Jan 6. Mob in Obstruction Case/The decision concerned the scope of a 2002 law enacted in the wake of the collapse of Enron to address accounting fraud and the destruction of evidence" (NYT)." Ace, in all cap, red, italic font, HUGE: SUPREME COURT INVALIDATES THE TORTURED INTERPRETATION OF THE LAW USED TO CHARGE 350 OF THE JANUARY 6 PROTESTERS.

In a second huge ruling, the Court did away with "Chevron deference," a previous ruling that regulatory decisions made by unelected bureaucrats, regardless of how strained, were to be given a very high level of deference by courts. Paula Bolyard at PJM, SHOCKER: SCOTUS Delivers a Kill Shot to Big Government "Chief Justice John Roberts, writing for the majority, concluded: "The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled." Da Caller, Supreme Court Delivers Crippling Blow To Permanent Bureaucracy’s Power Over Americans’ Lives. Da Signal, Supreme Court Throws Back ‘Chevron Deference’ in Ruling on Fishermen’s Case Against Government. Althouse, "The chief hasn't announced yet whether its the last day. We'll see if he says anything from the bench today." "UPDATE 3: Chevron is overruled!" 

Finally (actually the first released), the Court ruled that Grants Pass, Oregon, and by extension cities across the country are not required to tolerate homeless encampments where they choose to pop up. At Twitchy, The Supreme Court Rules on Whether the Government Can Remove Homeless Encampments. Jonathan Turley@JonathanTurley "...We have our first opinion. It is Grants Pass v. Johnson. Justice Gorsuch writes for the majority with Sotomayor dissenting with Jackson and Kagan. 9th Circuit is reversed."

From the Wombat's In The Mailbox: 06.28.24, Twitchy, SCOTUS Rules On Whether Governments Can Remove Homeless Encampments, Am Great, Supreme Court Rules That Biden DOJ Misused Obstruction Law in January 6 Cases, The Geller Report, Supreme Court Hands Huge Defeat To Jan. 6 Prosecutors And Jack Smith, “Improperly Charged Hundreds of Jan. 6 Protesters”,  Legal Insurrection: SCOTUS Rules Anti-Camping Ordinances Applied to Homeless Are Constitutional, Da Fed, Supreme Court Strikes Blow To Administrative State, Overturns Chevron Doctrine.

And now, on to the autopsy of Biden's Thursday night debacle. Ace, There Was a Massive Earthquake Last Night and the Geography of the Political World Is Now Changed. Althouse says Too true: "He's the President you deserve." Hat Hair's KT,  Post-Debate: Jill Leads Joe Off the Stage as Depression Among the Media Sets In and cites NYT Editorial Board to Biden: GET. OUT. NOW.  NYPo reports NY Times calls on Biden to drop out of 2024 presidential race ‘to serve his country’ after abysmal debate performance. Harold Hutchinson at Da Caller, Biden’s ‘Friend’ At NYT Tells Him To Drop Out After Disastrous Debate: ‘Heartbreaking Moment’. Across da pond at Da Mail, Democrats are now gagging to replace Biden. This is how they could do it... but, warns DAN MCLAUGHLIN, after leaving it so late, they may only have one disastrous option, Kamala! The Telegraph says Joe Biden given one week to stand down, or we'll take away your ice cream! Dan Greenfield at Front Page thinks The Dems Can’t Make Biden Leave If He Won’t Go "They're stuck." Reagan Reese at Da Caller, Panicked Dems Scramble For Biden Replacement After ‘Disaster’ Debate Performance. Politico, (Mike) Johnson says Biden's Cabinet should discuss invoking 25th Amendment "I would ask the Cabinet members to search their hearts."  NewsMax is amused by Jon Stewart Lampooning Biden's 'Resting 25th Amendment Face'. Hollywood in Toto sees Hollywood Post-Debate: Rage, Confusion and Deep Denial "Jon Stewart cites 25th amendment as Biden's mental decline takes center stage."  Scott Johnson at Power Line warns Biden Will Not Leave Quietly. Capt. Ed at Hat Hair adds Biden is the smartest man he knows, and also the most capable, the most heroic, and the only bulwark between Trump and the Democrats. And Jill likes the job too much too. Good luck pushing him off the ticket.  Hat Hair's Dave Strom, If Joe Shouldn't Be the Candidate, He Should Leave Office Now. It wouldn't matter, the same cabal of Obamaites that's running the country now would continue with Kamala as the façade. At Reason, Joe Biden: The Latest Elderly Politician Who Refuses To Retire. "Biden's performance at Thursday's debate made clear that he should have bowed out after a single term, but many politicians stick around long past their sell-by date." Matt Taibbi at Racket The Democratic Coup "While Joe Biden struggled onstage, party plotters scripted his premature exit." Nice Deb at Am Great, Joe Biden’s Catastrophic Debate Performance Sends Dems into Panic Mode. Da Caller, ‘Makes Me So Mad’: Biden World Furious That His Closest Advisors Set Him Up For ‘Disaster’ Debate

NYPo, Obama calls Biden’s catastrophic debate performance ‘bad,’ urges voters to back prez as he faces calls to step down. WSJ, Defiant Biden Hits Campaign Trail as Democrats Discuss Replacement. Mary Chastain at LI, CNN: Biden Not Dropping Out, Still Committed to September Debate "The man behind the curtain is strong." I'll get him next time! At Hat Hair, John Sexton writes Biden Isn't Stepping Aside (Plus Trump Takes the High Road) and Capt. Ed, Biden: I'm Staying In the Race ... and Debating Again "Well ... we'll see. I don't expect him to withdraw on his own. There's no way that Democrats let him do another debate, though. And I'm not sure Trump would do it either, after getting everything he could have possibly wanted out of the first debate." He just might enjoy beating the dead horse, though.

The Morning Report — 6//28/24
Dave Harsanyi at Da Fed thinks Biden Just Put On The Most Disastrous Debate Performance In Presidential History.  Duane Patterson at Hat Hair says After the Debate Showed the World Joe Biden's Not Wearing Clothes, Things Get Tricky For Democrats. Phil Elliot at Time (cited at Hat Hair), 'Things Are Dark' Paul Mirengoff at Ringside, Biden delivered the most embarrassing performance ever in a presidential debate. "Where do the Democrats go from here?: Hell, in a handbasket.  NewNeo,  How about the prospects of alternate nominees for the Democrats? Slim and none? Capt. Ed,  "And that was before Democrats -- including those in this poll -- got exposed as members in a conspiracy to defraud American voters about Biden's incapacity. There isn't a major figure in the Democrat Party who isn't complicit in this fraud, nor hardly any major mainstream-media outlet."  At Da Caller, Gavin Newsom Betting Odds Skyrocket As Biden Debate Performance Spirals. Althouse catches Newsom Enjoying it. RCPs Heather Higgins fears The September Surprise, Michelle Obama. At Breitbart, Michelle Obama Hasn’t Campaigned for Biden Because Family Mistreats Hunter’s Ex-Wife Kathleen Buhle.

Brad Slager at RedState says Joe Biden Did Not Just Sink His Reelection Bid at the Debate; He Took the Press Down With Him. Bari Weiss at Freep notes They Knew "Biden is no longer fit to be president. Last night’s debate exposed the lies we’ve been told." At Hat Hair, Dave Strom writes The Liars Have Been Exposed and A 90-Minute 'Cheap Fake'. Capt. Ed, Debate Disaster: Dems And Media Defrauded America on Biden. Make Them Pay, and cites Bill Ackerman, Dems Lied About Biden -- But the Mainstream Media Are Far Worse. Beege Welborn Did a Little Early Morning Front Page Post-Debate 'Lying Liars Who Lie' Survey. The Hollywood Reporter reports Dems Blame CNN Moderators After Biden Debate Disaster: “Unforgivable” "CNN's Jake Tapper and Dana Bash are drawing fire for not correcting Donald Trump's lies during Thursday night's debate, which many are saying was a disaster for Joe Biden. While CNN is defending their moderators' performance." Capt. Ed, "Exactly. And these were the rules that Team Biden demanded. CNN made it clear from the beginning that it would not do 'fact checks' on either candidate during the debate. Don't blame Tapper and Bash because you nominated a complete incompetent and then spent  four years gaslighting everyone about it. " Althouse, "It’s true that the format did Biden no favors. CNN moderators Jake Tapper and Dana Bash avoided fact-checking..." "The format did Biden no favors? The format was engineered to favor Biden! Trump stepped up and did it the way Biden's people wanted. If the format chosen imposed disadvantages on Biden, it's only because his people thought other formats were more disadvantageous... unless the fix was in and the idea was to expose Biden's weaknesses." Insty, BLAMING THE REFS: Dems Blame CNN Moderators After Biden Debate Disaster: “Unforgivable.” "You can always tell who lost a presidential debate by which party is slamming the moderators afterwards. And in the wake of Joe Biden and Donald Trump‘s first 2024 presidential debate, many progressives are focusing their fire on CNN‘s Jake Tapper and Dana Bash, calling out the duo for not fact-checking Trump in real time during the 90-minute face off." From Twitchy, WATCH the Painfully Awkward 'Lovers Spat' Between Morning Joe and Mika Over Biden's Debate Performance. Da Caller, ‘No Way To Spin It’: Mika Brzezinski Says She ‘Thought Something Was Wrong’ When Biden Shuffled On Stage. Matt Vespa, Why an Axios Reporter Took Something Of a Victory Lap on CNN After Biden's Catastrophic Debate "Alex Thompson did a victory lap of sorts on Thursday night. He wasn’t shocked at what happened to the president in his first bout against Trump. He noted that the White House response every time Joe had a senior moment was to deflect, gaslight, and not tell the truth." Paula Bolyard, Everyone Knows Now. Althouse finds some true believers, "Biden lacked oomph, but the transcript tells a different tale." "Headline at The Hill. Could it be that this is like the old Kennedy/Nixon debate, where Kennedy famously dominated when you watched him on TV? That article says: "His soft voice and bumbling manner played right into the MAGA narrative that he is past his use-by date. The chattering class said it was a disaster for Biden. He even alarmed many Democrats. But, reading the cold transcript, we get a very different picture of Biden. Substantively, he ably and forcefully made the case that that Trump should not be allowed back in the Oval Office."

From the Wombat's In The Mailbox: 06.28.24, 357 Magnum, What’s Going On Here? – A Post-Debate Musical Interlude, EBL, So what do the Democrats do now?, Twitchy: SCOTUS Rules On Whether Governments Can Remove Homeless Encampments, Time Magazine Releases Brutal Joe Biden Cover In Wake Of Debate Disaster, and Even The NYT Thinks Biden Needs To Drop Out, Louder With Crowder: TikToker flabbergasted by massive grocery price hike over two years, but he doesn’t quite get it, Steven Crowder Dominates Presidential Debate Coverage; Crashes Rumble With #1 Live Stream Worldwide, and Trump just dropped his most BRUTAL ad – it’s nothing but Biden debate “highlights”, L’Ombre de L’Olivier: Elder Abuse, Da Tech Guy, One Debate Two Presidents No Mysteries (Well Maybe one), Don Surber: Journalists are panicking, First Street Journal, With Joe Biden sinking into senility, who’s running the country?, Legal Insurrection: ‘Biden is Toast’: Democrats in Panic, Party Leaders Want New Candidate, NY Times Editorial Board Calls On Joe Biden To Abandon Reelection Campaign, The Federalist: America Is In Shambles Because Of Democrat Policies, Not Just Joe Biden,   Lawsuit Alleges Nevada’s Most Populous County Keeps Hundreds Of Commercial Addresses On Voter Rolls, Media Finally Admit Biden Poses Grave Danger To Country After Years Of Defensive Coverage, How James Clapper Rigged The 2016 And 2020 Debates Against Trump.

From NewsMax, Trump Declares Victory in Wake of Biden 'Disaster,' Dems Panic. Nick Arama at RedState  WATCHes Trump Comes Up With a New Name for Biden During Rally in Virginia—It's Right on Target, "Pinocchio Joe". VodkaPundit at PJM, Dear Dems: We Told You So, We Told You So, and We Told You So Some More. Francis Turner at L'Ombre de l'Olivier sees Elder Abuse In the White House. Jim Treacher laughs that Biden Caught a Cold That Made Him 1,000 Years Old. "His real opponent is Father Time" Jake Smith at Da Caller, ‘Showing His Age’: Foreign Officials, News Outlets Rip Biden’s ‘Catastrophic’ Debate Performance. Reason fears Kamala Harris Was the Real Winner of Last Night's Debate "Heaven help us." Jonathon Turley argues Robert Hur Emerges as the Clear Winner in the Presidential Debate. Capt. Ed, Yeah, I'm sure Hur won't get any apologies ... but he certainly deserves them. Matt Margolis, asks Have You Seen the Newest Trump Ads? Stop What You're Doing and Check Them Out! Leah Barkoukis at TownHall, The Trump Campaign Released an Ad After the Debate. It's 'Devastating.'

NewsMax, Border Patrol Union Denies Ever Endorsing Biden. Dave Strom thinks it's A Dangerous Time for America, seven months to go, and we don't really know who's in charge. Cam Edwards at BA warns of The Dangers of a Desperate Biden Campaign and it extends beyond gun rights. Lloyd Billingsley at Front Page explores connections between Biden and the Racist La Raza Movement "Institutionalizing the supremacist views of a Nazi propagandist."


From Reason, Why Has Joe Biden's $42 Billion Broadband Program Not Connected One Single Household? "The senior Republican FCC commissioner blames progressive politics, while lawmakers and telecom companies blame bureaucratic red tape." Capt. Ed, "It's nothing more than a Democrat boondoggle for its allies. It's the Internet version of California's high-speed rail project. Read on to see who actually benefits from the rules on this project ... and why private-sector providers don't want any part of it."

At Twitchy, Alexander Vindman Wants to Know Why Trump As President Did Nothing to End the Russia/Ukraine War. Hmm, maybe it's because there wasn't one when he was in office. I&I, Terminate This Federal Department With Extreme Prejudice, Energy. At Am Great Mark Moyar decries Trampling the 5th Amendment. "If Trump wins the coming election, as recent polling suggests, he should enforce existing executive orders and regulations to stop due process violations."


Ace, The DNC is Funding Lawfare Against Trump Directly, Sending Payments to Non-Rape Victim and Fabulist E. Jean Carroll's Law Firm Update: Democrats Threaten "Retribution" in "Lock Him Up" Chant "Oh. Gee I never would have suspected this. I was sure it was just a "conspiracy theory" that Biden and the Democrats were paying for the lawfare on Trump. Fake Jake told me so!"

Rick Moran at PJM reports Another 80 Pro-Palestinian Protesters Have the Chargers Against Them Dropped. Nate Hochman at Am Spec, Anarcho-Tyranny Is Official White House Policy. "In every jurisdiction where the Left claws its way into power, criminals are given free reign while law-abiding citizens are forced to pay for their crimes." At Campus Reform, Meet the Emory University students and faculty arrested at Hamas-endorsed protest. "At least 28 people were arrested after anti-Israel protesters set up an encampment at Emory University on April 25."

At the College Fix, New U. Arizona DEI course requirement hit with criticism: ‘academically unserious.’ Ace, The Boycott of Tractor Supply for Supporting "Pride" Causes, DEI, and Open Borders Organizations Costs the Company Bigly. "Internet activist Robby Starbuck discovered that a Tractor Supply company, which of course played up the whole Good Old Country Family Business thing, was simultaneously spending a lot of money on "Pride" events and supporting leftwing causes. He called attention to it." KT at Hat Hair, Feedback Taken: Tractor Supply Company Ends All “Diversity, Equity, Inclusion” Programs

From the Victory Girls, United Crew Deplanes Mom Over “Transgender” Slur. At Breitbart, LGBTQ Activists Fear Being Ignored During Debate. And they were. Democrats don't want it publicized. 

Linked at Pirate's Cove in the weekly Sorta Blogless Sunday Pinup and links. The Wombat has FMJRA 2.0: Even Worse up and running at The Other McCain.

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