257 Comments
Feb 9·edited Feb 9Pinned

Someone may have already posted this, but in addition to moving on as Robert says, it would be great for Biden to have a great fundraising day today. Yesterday was cheap shot day - let today be one of riches. Donate to elect Joe Biden and Kamala Harris! https://secure.actblue.com/donate/ads-gs-dd-bvfsearch-nov2023?refcode=om2023_ads_gs_230710_broaddonate_dd_us_all_actbluephrase&refcode2=231114_oneyearout_v1&gad_source=1&gclid=CjwKCAiAt5euBhB9EiwAdkXWO5pCXDyNY4Lg2pigYUnc_5Nlx50nNSRaKkP5mWarUrFgKQ17hATldRoCtIcQAvD_BwE

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I just donated. Thanks Theressa! I gave to Suozzi a couple of days ago when a friend told me he'd sent him $100.

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I gave to Suozzi too. I did postcards this weekend. Feeling good about this one. I think he crushed her in the debate.

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I too am feeling very good about Suozzi. I’ve been calling voters in NY-03 and it’s been great. So much support! And voters are saying their entire family is voting for him as well. It’s been a very good experience with many voters saying “thank you” for making these calls to get out the vote.

I highly recommend joining in a phone bank with Suozzi’s campaign, that’s run by Grassroots Democrats HQ. Very well done and you’re getting information directly from the campaign manager. (Tom Suozzi made an appearance on the zoom yesterday to say how very grateful he is for all the calls we’re making).

Also made a donation today to help get out the vote in these last few days.

Here’s the link to volunteer:

Want to join me for this Grassroots Democrats HQ event?

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Great news Angela! Can you share the link? It didn't show up.

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founding

I'm out of state. No apparent links to the debate on YouTube except brief clips. so thanks for the comment! Onto the next challenge.

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Good to know. I was upset because a cousin of mine who is a young aspiring journalist did a profile of her, not a political one, but a personality profile, but I can imagine a few Jews on the fence voting for her after reading that.

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Great idea.

I also donated to reelect Joe Biden and Kamala Harris.

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I love your proactiveness Theressa.

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Thanks Theressa! Great idea! I will donate right NOW!

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Great! It would have great optics if Biden's campaign could say donations rose after the report and response. I will take a moment now to use your link to donate.

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Great idea, Theressa! Done!

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I started donating $50 a month to Biden as soon as I heard the news.

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Joined you and donated to Biden/Harris and Suozzi as well.

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Feb 9Liked by Robert B. Hubbell

Robert, I rarely read your newsletter the night it is posted, opting for the morning when I am fresh (and caffeinated!), as I usually go to bed before it is published. But, I must honor and thank you for this straightforward and honest take on the day's upsetting news. I think I'll sleep better tonight having your thoughts to clarify what was undoubtedly a long day for this fight for democracy.

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You said it so much better than I ever could. Thanks, Jenn! Am drinking my morning cup of tea -- with a few drops of hawthorn tincture to feed my aging heart, and I appreciate your post.

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Am I missing something? I read that even the liberal justices voiced great skepticism about the creation of chaos if states decided the eligibility issue. Tim Snyder has said a pass-the-buck decision or blatant mis-application of the law's interpretation would validate the action of SCOTUS as farce but he was only thinking of the usual suspects; not our team. What is farce? It's comedy when you don't know whether to laugh or cry. Farce was raised to the level of art by writers like Kafka and Camus. In this light I would say Mr. Snyder only got it half right because we are dealing with an enormous farcical, existential problem. It is the theatre of the absurd.

The real farce is our federal system of government. It is an antique bypassed by most modern democracies that have followed ours and now we are confronted by an action that could only happen in a democracy where power of national government is so fractured. We can expect a decision that will outrank Gore vs Bush in its utter hideousness. But the expected decision will reflect an opposite approach on whether the federal government should or shouldn't intervene. This judicial mess, so Kafkaesque in its absurdity, could only happen in a system where the people have wasted nearly 250 years of argument over who has the upper hand, states or the federal government.

I am crying not laughing because this will result in a very grave situation. It will, along with the Biden documents decision and the war in the Middle East, combine to put cynicism on over- drive, especially among the young. All this will only bring more voters to the conclusion that the system is so bad (which it is) that the solution is to burn it all down. A view I must admit I have long felt but from a far left perspective.

Only a mature mind, which I hope I have, can hold onto to such a belief and still fight like hell against Trump and the authoritarian forces in Amerca. Of course, we must elect Biden but yesterday's horrific news has made our job infinitely more difficult. Moreover, we are just kidding ourselves if we don't understand it will only be a short reprieve if we don't figure out a way to deal with the essential problem head-on.

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Feb 9Liked by Robert B. Hubbell

Thank you Robert for the grounding advice. As a retired civil servant, who has written my share of reports, never did we say anything personal about anyone. Hur is an embarrassment to all people in government service. We've always been about doing the job to the highest standards. And whomever vetted it should have never let it out the door.

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Feb 9Liked by Robert B. Hubbell

That was my thought, too, Jenn! I was frankly gobsmacked! I am a retired teacher/administrator. Similar writing in a teacher’s performance review or student’s report card would be grounds for corrective action. And to think someone made it to such a high position tells me the DOJ needs some serious reform. Politics aside, this report was so unprofessional. I’m still in shock.

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Feb 9Liked by Robert B. Hubbell

Recall stench court member Kavanaugh writing the Ken Starr report on the Whitewater investigation included every possible sordid detail of Clinton’s involvement with Lewinsky! Hur had a template from Kavanaugh. By the way, the reason for the Whitewater case was to determine if Clinton had enriched himself in the land deal, however it determined that he lost $200k!

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So easy to forget those things. Thanks for the reminders and context.

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Feb 9Liked by Robert B. Hubbell

As someone said yesterday on MSNBC, Hur is James Comey all over again! What a disgrace!

I have to admit that the result of the Supreme Court hearing was not a surprise. I do think, and hope, they will get the Immunity decision right, but whether they get it done quickly is a potential issue. They are an embarrassing bunch, and i hope we do get to enlarge the court!

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In the trade, we call that kind of analysis "sit and squirm" theory, usually rejected by reviewing courts as a violation of the "substantial evidence" measure of review.

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Feb 9Liked by Robert B. Hubbell

Yes. My thoughts exactly. After recovering from shock, I thought, "How unprofessional." I suppose after Trump/Barr decimated the Justice Dept., there is isn't much decorum left. Mr. Garland must be so ineffectual and over his head because, apparently, he has not reinstated the professionalism the dept. was well known for. My Congressman, Jamie Raskin, often refers to Mr. Garland as a constituent. So am I. If I ever run into him I will ask him what is going on with him. It seems the Justice Dept. is still in disarray. Quit or do your job.

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Yes – my reaction also was “How unprofessional !” Moreover: How irrelevant and how far outside Mr. Hur’s assigned task.

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I'm in Raskin's district too!

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I lay that vetting at Garland's feet. That report should never have been released with those personal snarky comments. Garland should be ashamed of himself. He should step aside.

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Feb 9Liked by Robert B. Hubbell

When I complained to the NYT that their coverage of Biden is ageist and mostly focuses on his age not his accomplishments, the editor wrote me back in defense of the coverage, and his argumentation was off topic and weak. I have to admit I was very critical of the apparent lack of diversity and life experiences of the journalists that are reporting. The USA has a very youth loving culture, and as such, Biden gets judged through that lens. Many Americans do a lot of stereotyping, and people are categorized into narrow boxes, which does not allow for their individuality and humanity. If we just judged Biden by his actions, he is Herculean.

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I'm so glad Biden fought back. I can't see how the Republicans can make any hay accusing Biden of memory issues, when Trump can't remember who Nancy Pelosi is! But they will try. We know better.

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You make an excellent point, Linda: The media evidently are not a very diverse bunch when it comes to age, although they are quick to prattle about “diversity”.

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Yes. I have a new campaign slogan/ bumper sticker idea. Co-opt Hur's comments:

Biden 2024 because this elderly well-meaning man gets shit done!

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Hi Linda,

What email address did you use to contact the NYT? I need to write a letter today!

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"Breaking News" broke on my television right as the correct Final Jeopardy answer was being revealed. President Biden correctly, IMO, rebuffed the Special Prosecutor for being in the wrong "lane," though he acknowledged the report was found in his favor.

I found it unforgiveable that this man was compelled to defend his son's memory in the face of a press "feeding frenzy."

I will now "knock if off" and continue with lending a hand to elect Tom Suozzi for NY-03. Thanks!

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Feb 9·edited Feb 9Liked by Robert B. Hubbell

President Biden, on his worst day, accomplishes more for the American people accidentally than the Quadefendant does on his best day intentionally.

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Oh, c'mon! When has tfg ever done anything to benefit the American people?

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You put that beautifully.

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Re Lynell’s mention of the press’s feeding frenzy:

Each time Biden completed his answer to a question, a noise erupted that, except for its lower pitch, sounded like the howling of packs of wolves or coyotes. It was a bit blood-curdling.

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Yep!

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Feb 9Liked by Robert B. Hubbell

Thu Hur Report is a partisan hit job on President Biden by Republican special counsel Hur. We've been waiting for a Republican to return to their favorite tactics; lies and innuendo Special Counsel Hur was charged with determining if Biden would be found guilty of violating any national security laws which he would not. However, Hur was NOT charged with, nor is remotely qualified to provide a cognitive competency evaluation of POTUS. Merrick Garland should be out today criticizing the Hur report as a political hit job or he should resign.

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I wish Merrick Garland would resign! He has caused such damage by waiting until the last minute to appoint Jack Smith that we may not see a conviction before the election. However, it is emblazoned on my brain that we must defeat him at the ballot box! I'm moving on!

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My thoughts exactly.

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Feb 9Liked by Robert B. Hubbell

In yesterday's SC oral arguments, I was particularly surprised to hear Justice Kavanaugh declare that keeping Trump off the ballot would disenfranchise millions of voters. But, surprisingly, he had no awareness of the fact that Trump's actions on Jan. 6, had he succeeded, would have disenfranchised the 80 million people who voted for Joe Biden!

Not to mention the fact that Kavanaugh's own vote to overturn Roe disenfranchised millions of American women's ability to make their own healthcare decisions. Talk about being clueless....

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As expected the court applies states rights by preference not uniformly.

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We knew who he was during his selection process! A leopard does not change his spots. They are a disgrace to the rule of law and to the tradition of previous courts that have had a communal conscience. Expanding the court seems to be the only course, right after winning this election!

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The Trump/McConnell team sure helped screw up the SCOTUS. Now they aren't much more than a rubber stamp for the dictator wannabe.

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Agreed! I hope that McConnell realizes that he did this to himself when he blocked Obama's choice. Even though Garland is a bad Attorney General, he would have been better than Kavanaugh, or whoever we got at that time! As Robert has said multiple times, the Court is a disgrace, and the Republican party is sick. But we move on!

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Or perhaps Garland would have been a much better supreme court judge than he is an AG? After all, they are 2 very different jobs, and President Obama must have had mad respect for Garland to have nominated him for THAT position. ?

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I have had these thoughts too. Plus, if Garland had been on the SCOTUS we'd have someone else for AG.

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KMD, A putz he was and a putz he is. “Hold my beer”

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Right on !!!

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Feb 9·edited Feb 9Liked by Robert B. Hubbell

Sure, Biden seems like an 81 year-old person doing an extremely difficult job. But he is an 81 year-old doing a fantastic job as president in an extremely contentious time in our country and the world! He did an amazing job handling that nonsensical gaggle of reporters. Biden's performance in the press conference was considerably better than that of the intellectual midgets on the Supreme Court yesterday. I hope the first thing he does after being re-elected president is replace Merrick Garland!!!!! That, followed by expanding the Supreme Court.

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The media, sometimes self refers as "media sluts," were way worse than any paparazzi chasing a celebrity. I was amazed at how centered Prez Biden was.

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My guess is, sadly, that he will not "interfere" with the Justice Department, though in Garland's case, it would be wise as long as we hold onto the Senate! Remember that he chose Garland because his first choice would not get through the confirmation process. I hope I am wrong!

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And he did have an opportunity to try to expand the court and said he was against doing it. One of my main criticisms of Biden has been that he tends to be too cautious when it comes to rocking boats that are already problematic. I'm in hopes he has been paying attention and taking notes and willing to learn from recent experience as well as from his prior years of experience.

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Can he replace Garland now?

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He could replace Garland now with an acting AG, no?

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As the old saying goes, when you’re wringing your hands, you can’t be rolling up your sleeves.

KEEP CALM AND VOTE BLUE!

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It's not an old saying:

"You can't wring your hands and roll up your sleeves at the same time”

― Pat Schroeder, former U.S. representative

https://www.goodreads.com/quotes/129042-you-can-t-wring-your-hands-and-roll-up-your-sleeves

and

https://200.hls.harvard.edu/stories/all/cant-wring-hands-roll-sleeves/

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Once more I miss Pat Shroeder’s voice and her ability to make a necessary point memorably.

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I love that one and I didn’t realize it was an old saying. I only heard it for the first time last week 😊🙏

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Feb 9Liked by Robert B. Hubbell

I do want to add one thing to my comment that said I have nothing to add because, honestly, everyone has done such a great job of comments that it would be superfluous... but it did occur to me last night when thinking about this, that I'm grateful that at least the Hur hatchet job didn't come out any closer to the election than it did re Comey etc. Lots of time to fight back on this.

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I had the exact same thought, Meredith!

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It did make some comments about the comparison between Biden's papers and Trump's too, which can be elevated.

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Yeah -- the comparison is pretty stark and definitely should be 'advertised' widely.

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Excellent point!

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Or to let time take care of it as there will be plenty of other stuff in the news cycles and on the campaign trail.

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Maybe split the difference, so to speak? I think you're right that there will be plenty of new media fodder between now and November, but I also think this might not only be an opportunity to showcase Biden's mental acuity but also necessary to 'fight back' and not let it simmer underneath the surface.

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Feb 9Liked by Robert B. Hubbell

The link for Suozzi is for phone banking or canvassing and does not include a way to donate but you can go to his website directly, https://suozziforcongress2024.com/

"Contribute" is the first (green) button on the top. "Volunteer" is the next (blue) button, and "Join Us" is the last (red) button.

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Thank you! Just donated. Hope it helps!

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Ditto, plus postcards sent a month ago. Hope the election isn't close; the choice seems obvious.

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Just donated too!

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founding

thanks for the link - I just donated too!

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Just donated and also shared on my FB page with a comment to put another Dem in the House.

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Thanks for the link for donation!!

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Feb 9·edited Feb 9Liked by Robert B. Hubbell

"Like a brick in your lap" is how it feels sitting with a sad truth while facing a reality that will not be altered. One doesn't dwell on the matter. Simply, one sits and acknowledges what is present and then moves on. Yesterday, witnessing the legal arguments of the Colorado council before the Supreme Court was, indeed, weighty. More like a wrecking ball on my lap. Still, I recall a phrase I've kept close as it turns out to be elemental and spot-on. "You can remember the past, but don't re-live it. You can plan for the future, but don't pre-live it." What remains is answering the demands of the moment.

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Wow! Great reminder! I try to live in the moment, and get right back to action in these troubling times. It helps!

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Feb 9Liked by Robert B. Hubbell

Having had the misfortune of having to engage (and attempt to reason) with a libertarian who was, at one point, close like a family member, "a pre-determined result in search of a rationale" is a perfect description of the entire libertarian philosophy. I've used almost those exact words.

WTF is wrong with Merrick Garland? He's so obsessed with wanting to give the appearance of not being biased that he let's the fascists run the show.

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Yes, I agree with you. I go back and forth on Garland, trying to give him the benefit of the doubt but it is becoming increasingly harder to do so. I am still a little po'd at him for his snails pace in even starting the investigation into Trump and his (traitorous) role in the January 6 INSURRECTION.I don't why semantics are in play here.Call it an insurrection, riot,putsch, rebellion,uprising, revolt whatever. It was a violent attempt by a mob to coerce and force changes through brute force.The radicals in Congress trying to negate this horrible day are trying to blow smoke up our behinds or are creating another one of the many smokescreens that this group thrives on to deflect attention away from the actual action.

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I think at this point it's fair to question his motivations. It's established that he is a contributor to the federalist society - I'm starting to be skeptical that he is in on the fix, like John Roberts. Letting a special prosecutor report get released that breaks the basic rules of what should/shouldn't be included is very skeptical. I wonder if Biden is considering firing him. I know I would after the shit that was in that report - some of it was just bald faced lies.

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Feb 9Liked by Robert B. Hubbell

Thank you for your “tough love” for those who engage in pointless hand-wringing and wishful thinking. There are no silver bullets coming from the corrupt Supreme Hypocrites. We simply have to do the work needed to beat the MAGAts again at the ballot box. Ballots, not bullets.

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Feb 9Liked by Robert B. Hubbell

Why hasn’t one of the lawyers on Trumpian issues raised the issue of recusal with Thomas?

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Good question.

"Illinois Sen. Dick Durbin, the chair of the Senate Judiciary committee, called for Supreme Court Justice Clarence Thomas to recuse himself from weighing in on whether former President Donald Trump can be removed from states’ 2024 ballots for his role in the Jan. 6, 2021, attack on the U.S. Capitol." https://ny1.com/nyc/all-boroughs/politics/2024/02/07/clarence-thomas-supreme-court-ballot-access#:~:text=Since%20the%20attack%20on%20the,committee%20investigating%20the%20Capitol%20attack.

https://www.supremecourt.gov/docket/docketfiles/html/public/23-719.html

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How does that work? What can be done about it? Could Congress pass a law about how the justices will be monitored for recusals and ethics violations???? They supposedly came up with a fake ethics document, but not one that has any teeth to it. Thomas must be impeached. So let’s win the House and Senate and start those proceedings - then let’s pack the rest of the Court!!!!

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Criminal prosecution for crimes! Multiple violations of mandatory financial disclosure information. Maybe tax code violations, bribery.

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Well it’s one thing for Sen. Durbin to state his position or for other for members of the public to do so. But that doesn’t put the issue squarely before Thomas. I’m not sure of the American process, but I’ve been asked, in my jurisdiction, by lawyers or unrepresented parties to recuse myself. Applicants must outline their reason for the recusal request and I respond by either recusing myself or refusing to do so and I explain why I will not recuse myself. It’s public, fair and on the record. “Justice must not only be done, it must be seen to be done.”

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At the SCOTUS level there is no rule. I assume a lawyer can ask for permission to inquire.

At the DC level if bias is alleged, the movant must file an affidavit, setting forth the basis. 8 U.S.C. Sec. 144; Code of Judicial Conduct, Canon 3.C(1)(a). 28 U.S. Code § 144 - Bias or prejudice of judge

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.

https://www.justice.gov/jm/jm-1-5000-judicial-disqualification

In my case, I was voir dired several times after Lucia v. SEC.

Once upon a time, we discussed this at an Inn of Court with Thomas and Scalia present.

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Yes, and why didn't the other SCOTUS judges not pursue Thomas's recusal? This court is beyond tainted and We The People can never count on them again to judiciously apply the rule of law on anything. Imo

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author

I agree. His presence on the bench reflects badly on them all. Have they no dignity or courage?

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Any thoughts on Ketanji Brown Jackson? Is she lost in the noise?

Robert Hubbell, you have a very hard job - counselor, Dad, teacher, arbiter, lawyer and more -- and it is unending. For all the money in the world, I could not do what you do. I am in awe. Thank you.

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I am disappointed in KJB.If the president isn’t an”officer” then I don’t know who is.

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Feb 9Liked by Robert B. Hubbell

Excellent newsletter today! The “ tough love” was absolutely on point. We all need to “put on our big boy pants” and buckle down to the hard job of defeating Trump and his minions in November.

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