The legal state of play after the election

As was to be expected, Trump is doing everything that he can to raise suspicions about the election process in an effort to reverse the results in those states that he has lost and those he fears he might further lose. The chief weapon in his arsenal is the legal process and already new lawsuits have been filed to add to those that were filed even before election day.

Post-election litigation is normal. Lawsuits are always filed on election day and the days after in response to issues such as equipment malfunctions, printing errors and polls not opening on time.

Usually, they receive little attention. This year, they are under more intense scrutiny because the president has spent the year making frequent, baseless claims about election fraud.

For one of these routine cases to affect the outcome of the election, the ballots being contested would need to be both (a) big enough in number to determine the state’s result (for example, a suit which concerns 50,000 votes in a state a candidate won by 30,000 votes) and (b) in a state decisive for the election result.

As of Wednesday evening, election law experts said none of the lawsuits filed appeared to meet both these qualifications. “These case don’t seem to be very strong, they also don’t seem to be significant as a matter of votes,” said Paul Smith, vice-president for litigation and strategy at the Campaign Legal Center.

That could change as counting continues.

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The Sacklers get off easy

The Sackler family has made billions of dollars by pushing doctors to aggressively prescribe the opioids produced by their company Purdue Pharmaceuticals to patients, thus helping cause the passive prescription drug addiction problem that has ranged so many families and communities. They then donated money to universities and other cultural institution that put their name on buildings to enable them to pose as philanthropists.
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Radiolab on jury nullification

I have written many times about jury nullification, the little known right of juries to acquit defendants even if the defendant has clearly violated the law, if the jury feels that the law used to convict them is unjust.

We are all familiar with the process by which laws are created. We, the citizens, vote legislators into office. These legislators propose and debate bills. Once passed by the legislature and signed by the elected executive, these bills become laws and that, we think, is the end of the story unless courts rule the law to be unconstitutional. We are now obliged to follow the laws. If we do not like a law, the only option is to get the legislature to change it.
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Ruth Bader Ginsburg (1933-2020)

She was resolute in her determination to uphold liberal and humane values on the US Supreme Court and her death today will be felt keenly. There is really nothing that I can say in praise of this magnificent jurist that will not be said much better by people who knew her well and have studied her career closely.

The only thing I can say is how saddened I am by the news.

Barr is a liar just like his boss

The president gets to appoint his cabinet, subject to Senate approval, and so it is not a surprise when he picks people who favor his policies. But of all the cabinet positions, the attorney general is the one who is expected to be most independent of the president. This is reasonable, since the AG is responsible for the impartial application of the laws and the Department of Justice has immense power over individuals. Unfortunately, it is not unusual for AGs to seek to please the president at the expense of justice but the current AG Bill Barr has been extraordinarily brazen in his efforts to advance Trump’s agenda and to avoid criticizing him even when he advocates illegal actions, such as when Trump recently urged people to vote twice. Trump was supposedly suggesting this to expose the weaknesses of the election system, laying the groundwork for challenging his defeat in November.
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The end of the NRA?


It seems that the National Rifle Association may be in greater trouble than we thought. New York states attorney general had brought charges against the organization that its top executives , especially Wayne LaPierre had been using its funds as their personal piggy bank to live high on the hog. This at a time when the organization had been losing revenue because of declining membership and had had to make cutbacks to staff benefits.
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John Oliver on how black jurors get excluded

He shows that thanks to a mixture of incompetence and outright racism, people of color are much more likely to not make it into the pool of potential jurors and even if they do get there, are less likely to be actually allowed to serve as jurors. Prosecutors especially find ingenious ways to circumvent the prohibition that people cannot be excluded on the basis of race by finding other reasons, even though studies suggest that diverse juries are more thorough, thoughtful, and arrive at more just verdicts.

The wall grift exposed

It is a safe assumption that anything associated with Donald Trump and his associates is a grift whose main purpose is to line the pockets of the well-connected. The arrest today of Steve Bannon, Trump’s 2016 campaign manager and former close associate, and three others exposes the fraud behind the allegedly non-profit, “fully volunteer” organization called We Build the Wall that raked in millions of donations from the rubes supposedly to help build the border wall that has become the great white whale of Trump and his supporters.
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The absurd punishments in the US legal system

Remember the case of the teenager who was jailed for not doing her homework? After ProPublica publicized the case leading to calls for her release, the judge still refused to do so. But now an appeals court has overruled the judge and ordered her immediate release after spending 78 days in custody.

A Michigan teenager who has been detained since mid-May after not doing her online schoolwork was set free on Friday, after the Michigan Court of Appeals ordered her immediate release from a juvenile facility in suburban Detroit.

Grace, a high school sophomore, spent 78 days at the Children’s Village after an Oakland County family court judge found she had violated her probation on earlier charges of assault and theft. Friday’s decision comes a week after that judge denied her lawyer’s request to set her free. The lawyer then asked the appellate court to release her.

Within two hours of the court order, shortly after 5 p.m., Grace left the facility after her mother arrived to get her. She “had her bags ready to go, they jumped in the car and they were gone,” said one of Grace’s attorneys, Saima Khalil. “They were definitely emotional and happy.”

The case involving Grace, who is Black, was detailed in a ProPublica Illinois investigation this month and has drawn national scrutiny over concerns about the juvenile justice system, systemic racism and holding a teenager accountable for schoolwork during the pandemic.

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