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NEW CONTENT MOVED TO MIDDLEBORO REVIEW 2

Toyota

Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon



Showing posts with label JUDICIAL APPOINTMENTS. Show all posts
Showing posts with label JUDICIAL APPOINTMENTS. Show all posts

Wednesday, January 15, 2020

FOCUS: Jeffrey Toobin | The Democratic Candidates Need to Talk About the Supreme Court





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FOCUS: Jeffrey Toobin | The Democratic Candidates Need to Talk About the Supreme Court
If a Democratic candidate wins the presidential election, he or she may well have a chance to replace the two senior Democratic appointees on the Supreme Court. (photo: Win McNamee/Getty Images)
Jeffrey Toobin, The New Yorker
Toobin writes: "The Democratic Presidential candidates will soon be compelled to talk about what may be the most important issue in the 2020 election: the future of both the Supreme Court and the lower federal courts."
READ MORE






Thursday, October 24, 2019

Bill Taylor's Testimony Removes Any Last Plausible Line of Defense for Trump




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24 October 19

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Bill Taylor's Testimony Removes Any Last Plausible Line of Defense for Trump
Bill Taylor, the top US diplomat in Ukraine, who the state department tried to block from testifying before Congress. (photo: Alex Wong/Getty)
Andrew Gawthorpe, Guardian UK
Gawthorpe writes: "America deserves a president who doesn't use his office for personal enrichment and gain at the expense of the public good."

EXCERPT:
Rather than denying the facts that Taylor reported, the White House last night dismissed the impeachment inquiry as “a coordinated smear campaign from far-left lawmakers and radical unelected bureaucrats”. But to any reasonable person, Taylor is impossible to dismiss as a partisan hack. A former infantry officer who served in Vietnam, he has worked in both Republican and Democratic administrations, and was first appointed as ambassador to Ukraine by George W Bush. Taylor was critical of aspects of Barack Obama’s policy towards Ukraine, including his administration’s decision not to provide lethal military aid – the same military aid that Trump later announced he would supply and then corruptly withheld.
Taylor’s testimony removes any last plausible line of defense of Trump’s conduct. Trump clearly perverted US official diplomacy in pursuit of his own private interests. The “investigations” he pressured Ukraine to open into his political opponents were based on conspiracy theories, meaning the investigations themselves could only be shams. Trump was not asking for an honest investigation of wrongdoing. Instead, he wanted Kyiv to make up dirt on his political enemies to substantiate the conspiracy theories he had heard about on TV – or to lose the military aid it needed to survive. It is hard to think of a more shocking misuse of presidential power in foreign affairs.
The most disturbing fact of this whole mess is how close the plot Taylor described came to succeeding. If it hadn’t been for the media, government whistleblowers and Congress, then the first words the American people heard on the matter might have been Zelenskiy appearing on CNN to announce an investigation into Hunter Biden. Instead, these forces came together to provide a vital check on a lawless president, just as they did during Watergate.
The work isn’t yet done. Republicans will probably invent new excuses to protect the president. But support for removing Trump from office continues to rise, portending a difficult 2020 election both for the president and the Republican senators who continue to defend him. The idea that impeaching Trump was a political mistake, fashionable just weeks ago, looks misplaced in light of everything we have learned since. Impeachment, if pursued wisely, can actually be used to build a case for removing Trump and his protectors at the ballot box.
America deserves a president who doesn’t use his office for personal enrichment and gain at the expense of the public good. It also deserves a president who has enough historical and moral sensibility not to describe his own richly deserved problems as a “lynching”. Thanks in part to the unfolding impeachment inquiry, it might soon have one.

Ukrainian leader Volodymyr Zelenskiy. (photo: AP)
Ukrainian leader Volodymyr Zelenskiy. (photo: AP)

White House Sought to Cut Anti-Corruption Programs Abroad Despite Claims It Is a Top Issue
Erica Werner, The Washington Post
Werner writes: "The Trump administration has sought repeatedly to cut foreign aid programs tasked with combating corruption in Ukraine and elsewhere overseas, White House budget documents show, despite recent claims from President Trump and his administration that they have been singularly concerned with fighting corruption in Ukraine."
READ MORE

Trump nominated his fifth judge rated
Trump nominated his fifth judge rated "not qualified" by the American Bar Association this week. She's never tried a case. (photo: Paul Bradbury)


Dahlia Lithwick | Trump Just Nominated His Fifth Judge Rated "Not Qualified" by the American Bar Association
Dahlia Lithwick, Slate
Lithwick writes: "It's not news that Trump has made packing the federal courts with the youngest, most radical, least qualified jurists ever seen a priority."
READ MORE

Rep. Matt Gaetz (R-FL). (photo: Alex Wong/Getty)
Rep. Matt Gaetz (R-FL). (photo: Alex Wong/Getty)

House Republicans Literally Storm the Impeachment Hearings
Sam Brodey and Sam Stein, The Daily Beast
Excerpt: "House Republicans took their impeachment grievances to a more confrontational level on Wednesday, barging in to a secure facility during a closed-door witness deposition and refusing to leave until Democrats held open hearings."

EXCERPTS:
The gambit—cooked up by the pro-Trump brawler Rep. Matt Gaetz (R-FL) and endorsed by House GOP leadership—derailed the closed-door deposition of Laura Cooper, a Pentagon official with jurisdiction over Ukraine policy, before it even started. And it left Democrats indignant that their colleagues had violated long standing rules about interviewing witnesses in classified settings. 
Cell phones, for example, are not allowed in Sensitive Compartmented Information Facilities (also known as SCIFs). But the Republican members who barged into those facilities had taken their phones with them inside the room. Lawmakers and aides said that, as of noon on Wednesday, the SCIF was being swept for electronic surveillance devices because the Republicans brought in their phones, delaying the start of Cooper’s deposition. Democrats were also contemplating whether to bring in the U.S. Capitol Police in order to drag out the protesting members. 
Close to two hours after they first went in, a core group of Republicans remained there, according to a tweet from Rep. Andy Biggs (R-AZ). The number two House Republican, Rep. Steve Scalise (R-LA), was with them. Three hours into the standoff, the Republican crew remained—and they had ordered pizza from We The Pizza, a Capital Hill joint. 

A spokesperson for the House Intelligence Committee declined to comment on what exactly is happening in the SCIF. But a prior Gaetz ploy to enter the secure facility during an impeachment hearing ended with him being kicked out after a House parliamentarian ruled that he had no standing to be there.
House Republicans have held—and even supported—the use of closed door hearings for past congressional investigations, including the select committee that they spearheaded to investigate the 2011 consulate attack in Benghazi. That larger inconsistency and the timing on Wednesday’s gambit struck some Democrats as telling about the direction that the impeachment proceeding is heading.
“When you don't have the law or the facts you attack and disrupt the process,” said Rep. Ted Lieu (D-CA). “And you may wonder why is it happening now? Because Bill Taylor gave a devastating opening statement yesterday. They're freaked out. They're trying to stop this investigation.

Attorney General William Barr speaks at an event in Washington earlier this month. On Monday, he issued a proposed rule seeking to allow the federal government to collect DNA samples from more than 740,000 immigrants every year. (photo: Jacquelyn Martin/AP)
Attorney General William Barr speaks at an event in Washington earlier this month. On Monday, he issued a proposed rule seeking to allow the federal government to collect DNA samples from more than 740,000 immigrants every year. (photo: Jacquelyn Martin/AP)

Justice Department Announces Plan to Collect DNA From Migrants Crossing the Border
Bobby Allyn and Joel Rose, NPR
Excerpt: "The Justice Department is proposing to begin collecting DNA samples from hundreds of thousands of immigrants crossing the border, creating an enormous database of asylum-seekers and other migrants that federal officials say will be used to help authorities fight crime."
READ MORE

Iraqi Prime Minister Adel Abdul Mahdi met with US Defense Secretary Mark Esper on Wednesday. (photo: Khalid al-Mousily)
Iraqi Prime Minister Adel Abdul Mahdi met with US Defense Secretary Mark Esper on Wednesday. (photo: Khalid al-Mousily)

Iraqi PM Says US Troops Do Not Have Permission to Stay in Country
Al Jazeera
Excerpt: "Prime Minister Adel Abdul Mahdi has said United States troops pulling out of northeast Syria do not have permission to stay in Iraq, adding that his government is taking "all international legal measures" in response to their recent entry."

EXCERPT:
"We have [already] issued an official statement saying that and are taking all international legal measures. We ask the international community and the United Nations to perform their roles in this matter," he said.
His comments came a day after US and Iraqi officials offered apparently conflicting accounts of the fate of the US troops in the region, who have been leaving Syria as part of a withdrawal announced by President Donald Trump earlier this month.
The Iraqi military said on Tuesday that the US forces do not have permission to stay in Iraq, in a response to Esper's previous comments that the approximately 700 troops leaving Syria would continue operations against the Islamic State of Iraq and the Levant (ISIL or ISIS) armed group from Iraq to prevent its resurgence in the region.
The US already has more than 5,000 troops in Iraq under an agreement between Washington and Baghdad forged when ISIL began taking large portions of the country in 2014. 
Al Jazeera's Imran Khan, reporting from Baghdad, said Baghdad's reaction appeared to have stemmed from "the language that the US used".
"The US said that the forces will come back to Ain al-Assad in western Iraq and mount operations against ISIL from there - and that seems to have angered the Iraqis," Khan said. 
Four-week timetable
After meeting Esper earlier on Wednesday, Iraq's Defence Minister Najah al-Shammari said US forces withdrawing from Syria into neighbouring Iraq would depart the country within four weeks.
Shammari told The Associated Press news agency that the US troops were "transiting" in Iraq and would then head either to Kuwait or Qatar, or back to the US.
Critics have charged that the US withdrawal from Syria effectively deserted the Kurdish-spearheaded Syrian Democratic Forces (SDF), Washington's main ally in the war against ISIL.
The move cleared the way for Turkey to launch a cross-border military operation against the SDF, which is led by the Kurdish People's Protection Units (YPG), in the northeast region of the country. Ankara considers the YPG a "terrorist organisation".



Sunset with crepuscular rays over downtown Miami as seen from Miami Beach, Florida. (photo: Diana Robinson/FLickr)
Sunset with crepuscular rays over downtown Miami as seen from Miami Beach, Florida. (photo: Diana Robinson/FLickr)

Miami Beach Declares Climate Emergency Inspired by Youth Action
Jordan Davidson, EcoWatch
Davidson writes: "Youth activists rallying in front of Miami Beach's City Hall successfully campaigned for the coastal city to declare a climate emergency."
READ MORE






Thursday, September 12, 2019

The Secret Files of the Master of Modern Republican Gerrymandering




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12 September 19

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The Secret Files of the Master of Modern Republican Gerrymandering
The North Carolina state seal in Raleigh. More than any other state, North Carolina was shaped politically by the talents of Thomas Hofeller, who helped draw gerrymandered political maps. (photo: Travis Dove/NYT)
David Daley, The New Yorker
Daley writes: "Thomas Hofeller preached secrecy as he remapped American politics from the shadows."
READ MORE

In 757 counties and county equivalents that formerly had to pre-clear voting practice changes with Washington, 1,173 polling places disappeared between 2014 and 2018. (photo: Xinhua/Barcroft Images)
In 757 counties and county equivalents that formerly had to pre-clear voting practice changes with Washington, 1,173 polling places disappeared between 2014 and 2018. (photo: Xinhua/Barcroft Images)
More Than 1,000 US Polling Sites Closed Since Supreme Court Ruling, Report Finds
Tom McCarthy, Guardian UK
McCarthy writes: "Jurisdictions once monitored by the justice department for racially discriminatory voting practices have collectively closed more than 1,000 polling places since a watershed 2013 US supreme court ruling released the jurisdictions from oversight, according to a new watchdog report."
READ MORE

The second night of the first Democratic primary debate on June 27, 2019. (photo: Jim Watson/Getty Images)
The second night of the first Democratic primary debate on June 27, 2019. (photo: Jim Watson/Getty Images)
Allison De Jong, ABC News
De Jong writes: "Five Democratic contenders lead Donald Trump in head-to-head matchups in the latest ABC News/Washington Post poll, with several widening their advantage since July."

EXCERPT: 

Among those tested in the survey, Joe Biden leads Trump by 16 percentage points among all adults, 54-38%, essentially the same as two months ago. Bernie Sanders leads by 12 points, up from 6 in July; as does Elizabeth Warren by 11 points, compared with a slight 7 points previously. Kamala Harris leads by 10 points, while Pete Buttigieg has a slight 6-point edge. 

Trump’s support is virtually the same, 38%-41%, in all these matchups, vs. 41%-45% in July. What changes have occurred mainly reflect dips in his support rather than Democratic gains in this poll, produced for ABC by Langer Research Associates



Judge V. Stuart Couch. (photo: Mother Jones/DN!/Getty Images)
Judge V. Stuart Couch. (photo: Mother Jones/DN!/Getty Images)

Gaby Del Valle, VICE
Del Valle writes: "'I have a very big dog in my office, and if you don't be quiet, he will come out and bite you!' North Carolina immigration judge V. Stuart Couch yelled at the migrant child during a March 2016 hearing." 

he Trump administration recently promoted an immigration judge to the federal board that reviews immigration decisions — even though he once reportedly threatened to unleash a “very big dog” on a 2-year-old Guatemalan boy. 
“I have a very big dog in my office, and if you don’t be quiet, he will come out and bite you!” North Carolina immigration judge V. Stuart Couch yelled at the migrant child during a March 2016 hearing, according to a new report by Mother Jones. Couch thought the boy was making too much noise and being disruptive, Kathryn Coiner-Collier, an independent observer who was in court that day, told Mother Jones. 
“Want me to go get the dog? If you don’t stop talking, I will bring the dog out. Do you want him to bite you?” Couch reportedly yelled as a Spanish-language interpreter translated. Couch became increasingly frustrated throughout the hearing, according to Coiner-Collier. But it’s possible the boy didn’t fully understand his instructions since he primarily spoke the Mayan language K’iche’. 
Couch repeatedly turned off the courtroom’s recorder throughout the course of the hearing when he threatened the boy, according to Coiner-Collier. Assistant Chief Immigration Judge Deepali Nadkarni also confirmed there were multiple breaks in the recording that day. 
Instead of facing long-term repercussions, Couch was recently given a big promotion. In August, the Trump administration promoted him and five other judges to the Board of Immigration Appeals, which oversees immigration decisions — including that of the boy and his mother, who have an asylum appeal pending before the board.
Any punishment would have come as the result of a complaint filed with the Department of Justice by the executive director of Charlotte Center for Legal Advocacy in April 2016. Coiner-Collier, who worked as a coordinator for a project run by the Charlotte organization, had written everything down from that day in court in an affidavit. 
But it’s unclear whether Couch was disciplined. The DOJ’s assistant chief immigration judge for conduct and professionalism told Coiner-Collier’s boss that the department would take appropriate action. And after the hearing, Couch reportedly told Coiner-Collier that he would reassign the cases he heard that day to another judge. 

The mother and child he yelled at during the March 2016 hearing were scheduled to appear before him in court a year later, but they were later reassigned to another judge, who denied their asylum claim.



Protesters in Philadelphia after the 2016 presidential election dispute the results. Donald Trump lost the popular vote by more than a million votes, but won the electoral college. (photo: Mark Makela/Getty Images)
Protesters in Philadelphia after the 2016 presidential election dispute the results. Donald Trump lost the popular vote by more than a million votes, but won the electoral college. (photo: Mark Makela/Getty Images)

What If We Made the Electoral College Moot?
Chris Winters, YES! Magazine
Winters writes: "We've now had two presidential elections in the past 20 years in which the candidate who won fewer votes was nonetheless elected president, thanks to the way the Electoral College operates in determining who takes office."
READ MORE

African migrants wait to be admitted outside of Siglo XXI migration facility in Tapachula, Mexico, June 12, 2019. (photo: Jose Cabezas/Reuters)
African migrants wait to be admitted outside of Siglo XXI migration facility in Tapachula, Mexico, June 12, 2019. (photo: Jose Cabezas/Reuters)

An Invisible Crisis: Thousands of African Migrants Are Stranded in Mexico Hoping to Head North
Democracy Now!
Excerpt: "For months, thousands of African migrants have been forced by the Mexican government to stay in the southern state of Chiapas, on the Guatemalan border. Many of them have been sleeping in tent cities."








This picture taken on Jan. 31, 2018, from an observatory room, shows storage tanks for contaminated water at the Tokyo Electric Power Company, Fukushima Dai-ichi nuclear power plant in Okuma, Fukushima prefecture. (photo: Behrouz Mehri/Getty Images)
This picture taken on Jan. 31, 2018, from an observatory room, shows storage tanks for contaminated water at the Tokyo Electric Power Company, Fukushima Dai-ichi nuclear power plant in Okuma, Fukushima prefecture. (photo: Behrouz Mehri/Getty Images)

Japan May Dump Radioactive Fukushima Water Into the Pacific in 'Only Option' of Disposal
Jordan Davidson, EcoWatch
Davidson writes: "The operator of the ruined Fukushima Daiichi nuclear plant may have to dump huge amounts of contaminated water into the Pacific Ocean. The company no longer has room to store it said Japan's environment minister."

EXCERPT:
Besides releasing the water into the ocean, other options include storing it on land or vaporizing it, according to the Guardian.

Six years ago, when Tokyo won the bid to host the 2020 Olympics and Paralympics, Prime Minister Shinzo Abe assured the Olympic Committee that waste and contamination from Fukushima was under control. Now, the country is facing renewed pressure to address its contaminated water problems before next summer's games, as the Guardian reported.
The Japanese government has spent over $320 million to an underground barrier to prevent groundwater from reaching the three damaged nuclear reactors. However, the wall has only reduced the flow of groundwater from about 500 metric tons to around 100 metric tons per day, as the Guardian reported.