88 Comments
Sep 16, 2022Liked by Robert B. Hubbell

As a subscriber to Today’s Edition (and also to LFAA), it’s become increasingly clear, at least to me, that the two principal factors that will determine whether we remain a liberal democracy or devolve into an illiberal autocracy are the ballot box and the Courts. Were it not for the rich conversations among us inspired by our remarkably learned Substack leaders, speaking perhaps not only for myself, I don’t imagine I would be nearly as adept at asking sufficiently pertinent questions that have guided me towards increasingly plausible solutions. I am grateful beyond words.

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I’ll second that! Such measured, factual articles, & intelligent comments help keep me sane. Thanks to all! 🤔🤔🤔

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Sep 16, 2022Liked by Robert B. Hubbell

It would appear that Justice Roberts needs look no further than Justice Cannon to see why and how so many in our country think the judiciary are becoming political hacks. There can be little doubt left that Justice Cannon is playing to a party of one: tfg.

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Sep 16, 2022·edited Sep 16, 2022

She is also displaying her allegiance to the secretive Federalist Party and Leonard Leo. All the more shame upon her. She should be disciplined and/or impeached.

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That's the way I see things too. Bet there are a lot of us out there and across the country.

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Justice Roberts need look no further than his own court for glaring examples of political hacks. Witness Thomas, Alito, Gorsuch, Kavanaugh and Barrett.

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Very True. Mitch McConnell and the Federalist Society own this.

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Sep 16, 2022Liked by Robert B. Hubbell

I appreciate the elegance of your language and the clarity of your analysis. Permit me one semantic comment. The term "lone wolf" is often used to indicate individuals acting on their own, but this is a mischaracterization of real wolf behavior. In the real world, wolves--as intelligent as our pets if not more--are viciously hunted via planes and traps. Secretary Deb Haaland has been indifferent to the pleas of conservationists and animal lovers to "relist wolves" as endangered. There's been a years-long campaign that she continues to ignore. Part of what allows them to be demonized is our own language, and that's why I'm using this one comment to point that out. Thanks for listening.

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Thank you, Lauren, for pointing out the status of wolves on an endangered list. Nothing is simple, it seems. Some wolves are on the list while others are not. This article - written back in February 2022 - explains how those in a few states are protected but in a majority of the states they are not.

"White’s ruling restores federal protections to all wolves in Western and Central Oregon and Washington, as well as California. However, wolves located in Eastern Washington and Oregon, Idaho and Montana remain off the endangered list under the 2020 US Fish and Wildlife Service rule removing wolves from the list in 45 states."

https://modernfarmer.com/2022/02/wolves-endangered-species-list/

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'On est toujours seule, quoi qu'il arrive' but that is also not true when you think about it. This group shows remarkable strength in the most jarring news. Cruelty wow it's everywhere but it is possible to change that too.

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Sep 16, 2022Liked by Robert B. Hubbell

Thank you Robert. I am so weary of the media ignoring all the accomplishments brought about by the Biden administration. Last night, the PBS News Hour did interview Secretary of Labor Marty Walsh who was directly involved in the negotiations between railroad and labor unions. Why is this vitally important achievement not being discussed within all media sources? Do union workers in this country even know that Marty Walsh is the first former union leader to run the Department of Labor in over 40 years? My husband has been a union worker for over 40 years and is outraged daily at the many fellow union workers who are "pro-tRump" and by default, "anti-Biden".

Why is this achievement not being put on display as to the power of unions, and therefore, the power of people?

https://www.pbs.org/newshour/show/railroads-and-unions-agree-to-deal-avoiding-a-potentially-catastrophic-shutdown

It sure doesn't help that the media prefers to cover the Queen, the special master and the horrid political stunt carried out by DeSantis in dumping off human beings who have no resources onto an ISLAND with very limited measures to help them. How is this act of using humans as political pawns not punishable as abuse of human beings? So of course, I too have digressed. These news cycles are incredible and I appreciate you being here Robert to help me prioritize and sort it all out.

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PBS Newshour was at it again tonight when Judy Woodruff echoed the mantra of "inflation." If (she) they would parse the causes of high prices as post-Covid supply issues, corporate profiteering and the myriad of other factors, then reflect Pres Biden's agile responses, I would feel much better.

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See WaPo, Biden’s last-ditch move to head off a politically catastrophic strike, and Politico, `Could have gone either way’: Railroad union deal barely survived.

Ah yes, the over-educated, under-intelligent, otherwise-unemployable trust fund babies of the Ivy League, playing boy and girl reporter in the Washington Press Corpse. They're as useless there as they are when they play movie lord here in Hollywood.

And "Christian Nationalism" is to Christianity as "National Socialism" is to Socialism.

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Last 3 lines hit the nail on the head TC. so does the rest. Slavery is a loaded word but railroad working conditions are one step removed from enslavement with the scheduling IMHO

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Sep 16, 2022Liked by Robert B. Hubbell

Lawless, corrupt, and dangerous? As I read both incredibly flawed decisions of Justice Cannon and commentary thereon alongside the spectacularly weak CV that she prepared in support of her nomination to the bench, I cannot help but speculate that someone at the Federalist Society wrote the decisions for her. I don’t believe she possesses either the intelligence or capacity to create either document on her own. Is it possible to track the authorship of a decision rendered by a judge?

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Yes. There are programs that analyze writing style to determine authorship.

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I think her law clerk wrote the decision!the clerk is a member of the Federalist Society and graduated from Pat Roberts’s Regent Univ Law School. She wrote articles there that are anti voting rights, anti gay rights and anti Roe v Wade. ( I have read).

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Links please....

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Sep 16, 2022·edited Sep 16, 2022Liked by Robert B. Hubbell

I would hope that Merrick Garland, as head of the DOJ, would express outrage at Judge Cannon's denial of the DOJ's request to exempt 100 classified documents from her order. Maybe I'm missing something, but as far as I know, Garland has remained silent. Sad.

The question is how long will it take the special master to review these documents for executive privilege? Admittedly I know nothing about what it takes to complete this review. Does he have to read every word of a document to decide if it qualifies for executive privilege? If he can review five documents per day, then it would take about three weeks to complete his review. That gives Trump's lawyers a bit of time to invent another delaying tactic.

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I heard an interesting take on the Special Master and the classified docs: will not a reputable SM sit down on day 1, survey the entire 100 docs, and say "not privileged?" Surely SOMEONE in the judiciary knows that executive privilege inheres in why the document was created, not on whether it was "classified" or even what it says. If the document is from The Pillow Guy it isn't executive privileged because it was not created by a close advisor of the type envisioned by the doctrine. How many Pillow Guy or Steven Bannon documents were deemed important enough to national security to merit even the slightest level of classification?

All the SM has to do to "double check" the obvious fact that classified documents were not created to advise the president by close advisers is to check the signature on the document, or at least its author, and see to whom the document was originally addressed. He doesn't even have to read the document.

I thought the DOJ's briefs were masterful but if I recall correctly, they don't really get into the meaning and origin of "executive privilege." Are there byways to that meaning and origin that made worthwhile that avoidance?

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Sep 16, 2022·edited Sep 16, 2022Liked by Robert B. Hubbell

Not a lawyer here, just a heavy reader.

"Executive Privilege" is a term to be applied to and employed by a sitting President. TFG hasn't had that power since January 20, 2021. As I understand the position of the National Archives, all documents from the White House at the end of an elected term of office are to be transferred to the Archives. It is Federal Law. Period.

I don't think TFG has claimed executive privilege. But even if he did, it is meaningless. There is no record of declassification. Top secret documents have been stolen and held by a private citizen with the assistance of his cult. Period.

"Book 'em Danno!"

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Sep 16, 2022Liked by Robert B. Hubbell

My understanding (from reading Robert's newsletter and other sources) is that Trump and his attorneys have NOT submitted either evidence or a sworn affidavit claiming executive privilege because to do so would subject them to perjury since there is zero, ZERO record of any such action taken by Trump. Based on the foregoing, Cannon's ruling that gives any weight to Trump's claim demonstrates contempt for the rules of evidence and law.

Also, in her decision, Cannon hypocritically claims that "evenhanded procedure does not demand unquestioning trust in the determinations of the Department of Justice." She then goes on to say: "Based on the nature of this action, the principles of equity require the Court to consider the specific context at issue, and that consideration is inherently impacted by the position formerly held by Plaintiff."

In the eyes of Cannon (and the Federalist Society), the sworn affidavits of government officials hold less weight than the unsubstantiated claims of a corrupt, defeated president who intentionally defied a grand jury subpoena and deserves special treatment because he was once (with Vladimir Putin's help) elected president.

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I wrote a comment on an earlier post here couple of days ago on what the Presidential Records Act actually says about executive privilege. The PRA does allow a president to take home certain personal documents and gives 3 examples, but in general and for each of these examples a personal document must be one that has "no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President" or is a personal diary that is "not prepared or utilized for, or circulated or communicated in the course of, transacting Government business"

The definition of a Presidential Record any document that "is created or received by the President, the President's immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President." That definition obviously INCLUDES any document covered by executive privilege because the privilege only applies to certain KINDS of advice from individuals whose function is to advise the president.

In terms of the Presidential Records Act, "executive privilege" simply means that if successfully argued, the Archivist will continue to keep the record secret from the public. The FBI is not "the public" but simply a part of the Executive branch.

Records belonging to an agency are also not Presidential Records. That doesn't make them personal. It means they belong to the agency. Taking them is just as much theft as is taking a Presidential Record belonging to the National Archives on behalf of the American people.

Trump's attorneys haven't said document X is covered by Presidential Privilege, just hinted (nudge nudge wink wink) that it MIGHT be. That is not possible for documents created by an agency. The only possibility is that DURING trump's administration the intelligence community swooped in and classified some document that could be considered covered by the privilege or might be personal, like his medical records; trump certainly never objected to that at the time and also has never asserted it even through his lawyers, much less by affidavit. Even if they did, and trump "declassified" them by some magic wand they STILL are Presidential Records and there is a very specific procedure for a former president to claim they should be kept secret. There is no HINT that such documents are personal, belonging to the President.

The main question I have at this point is how Cannon arrived at the idea that they might be. Her "opinion" definitely does not explain it. Did she not READ the PRA? Is she so filled with cognitive dissonance or confirmation bias that she couldn't even SEE the relevant parts of the Act? To venture on a conspiracy theory, is this part of the Federalist Society's attempt to undermine public belief in the rule of law? It is certainly having that effect.

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I'm so fed up with Garland and Biden and the Democratic leadership! We are in a fight for the survival of the Republic! We are under a full-frontal attack on our system of government, the Constitution, and the rule of law!! This war is not going to be won at the ballot box because the enemy is in control of enough ballot boxes to steal every election. We talk about threats of violence when we already have 20 million assault weapons in the hands of right-wing extremists. People go shopping armed with AK-47s!!

Just fricking arrest Trump and charge him for every possible crime then take as long as you like to gather evidence and prosecute. As you said Bill, he stole documents and refused to return them. He violated a Federal Law! PERIOD!!

What is the worst that can happen? He goes to trial and the Justice Department loses. At least the American People and the MAGATS will hear the truth over and over for months, maybe years. At least, law abiding patriots will know that every possible step was taken to uphold the law. If the DOJ fails, then it's all over for this country as the justice system will have collapsed. With Trump behind bars, let his sophomoric legal team drag it out as long as they want.

I'm getting a reputation for deservedly being overly passionate. Good! I damn sure wish the DNC and the aforementioned people showed a little passion. If they were running the show in Ukraine, it would be a part of Russia by now.

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There are so many excellent points in today’s newsletter it’s difficult to comment on just one. But the thing today that stands out to me is that the media has, once again, tried to blame Biden for the migrant situation. Today’s headline on Good Morning America was “White House on defensive after migrants situation”. Why is the WH on the defensive? It was Trump’s policy and the inaction of the Republican senators who wouldn’t work to fix our immigration situation that made this situation worse. I’m afraid that the Republicans have, again, decided that immigration is a winning issue for the midterms. I hope and pray that it backfires like it did in 2018.

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Hope Val is pointing out that Rubio voted against the comprehensive immigration bill he sponsored !

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Sep 16, 2022Liked by Robert B. Hubbell
author

Thanks. Lawrence O'Donnell 's takedown of Cannon was masterful

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Thank you for yet another vaccination of wisdom, kindness, and compassion to counteract the virus of cruelty, ignorance, and malice Conservative Republicans offer. I remind all that throughout history there have always been moments where it seem those viruses will prevail and threaten civil society and good governance, but in the end kindness and the unity of people with good conscience always prevails, always.

Do not despair. Despair is the enemy of hope and good will. I remind all of the power of kindness. Kindness is far more powerful than cruelty. I like the analogy of casting pebbles into a still pond. Each pebble creates circles of ripples that spread ever wider. Never miss the opportunity to cast those pebbles of kindness. You will find they spread ever wider until the world is transformed. First a heighborhood, than a community, a nation, and the world. Be a caster of those pebbles of kindness. Each new concentric circle of kindness ripples is making a difference.

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founding
Sep 16, 2022·edited Sep 16, 2022Liked by Robert B. Hubbell

What you said, Robert. (Even to the final apostrophe after words ending in ‘s.’)

As to sending those folks to the lovely island of Martha’s Vineyard, where there is not enough housing for those who work there now, it was a cheap political stunt by a cheap politician. But I suspect that the victims of this publicity grab will turn out to be the victors, when they are settled, and given the chance to learn English and find work. I just hope some enterprising reporters check back with them two years from now, in the run-up to the 2024 election.

After I posted the comment above, I thought of the perfect line to describe DeSanctimonious, and also Trump and the rest of their crowd. It’s from The Big Sleep, and I can’t believe I never remembered it until now. In the immortal words of Raymond Chandler’s Philip Marlowe, “The cheaper the crook, the gaudier the patter.”

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Sep 16, 2022Liked by Robert B. Hubbell

I would never have made it well into eight decades of being a lawyer, if I had not been willing to see the glass half-full. Judge Canon chose Judge Dearie as the special master. Though not my first choice I am unaware of any reason not to see that as a positive. Second the Judge gave him November 30 as a date to wrap up the whole job. However, with a clear direction to prioritize completion of reviewing the "100 classified documents subject of DOJ's motion to stay and adjust her order for their use by DOJ accordingly". That is a biggie and allows him to do it quickly and make them available for use by DOJ without limitation. Frankly, that could happen faster than any appeal can be completed at the 11th circuit Finally, Trump will pay the full costs of the special master. DOJ pays no part and and Trump's team can't and best not stiff or slow pay him.

Am I disappointed that the judge did not rule for DOJ entirely on the stay motion. Yes! However, there is enough in her decisions that I do not see a Judge " lawless, corrupt and dangerous" But stubborn, scared and sensitive to making a mistake. She has made Judge Dearie her safety valve and signaled she is willing to adjust her order if told by a judge on the bench for 36 years that she should.

Once again let us see how this plays out. If Dearie does not quickly clear the 100 classified documents for full usage than our democracy is in real trouble.

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Good points, especially for being an optimist. As my opening paragraph said, thus is a speed bump. But the opinion is a travesty. Telling the DOJ it must suspend a part of its criminal I vestigation is unheard of and an insult to the Constitution.

Eight decades of practicing law is an incredible accomplishment! What year were you admitted? Where?

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Robert, your analyses make perfect sense while following the rule of law. Why is that so hard to understand by this country's gavel-holders? Thank you!

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Sep 16, 2022Liked by Robert B. Hubbell

Perhaps there can be a public shaming campaign for what Desantis did to migrants? His actions should stay exposed and condemned everyday.

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Sep 16, 2022Liked by Robert B. Hubbell

"[T]he record suggests ongoing factual and legal disputes..." What record is she reading and from whom? And who is she to determine the viability of a national security threat? Sounds like talking points from SOMEone SOMEwhere. The "stench" exudes unabated.

So, Florida's governor used a bunch of his state's money to hire a couple of planes from Ohio to fly to Texas (with a stop in NC ?) to pick up a few dozen Venezuelan immigrants and deplane them on Martha's Vineyard. Couldn't that be considered interstate, or international, trafficking? Flagrant misuse of funds? All to "own the libs" as, of course, a good Christian nationalist would. I haven't been to church in decades, but I do remember from Sunday school Jesus' saying of what you do to the least among you, you do to me. Jesus' name should be nowhere near deS's mouth.

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