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14 Feb 2024, 3:05 pm
” Kagan put the point to Mitchell bluntly: “To say that the only people who have engaged in insurrection who are not disqualified from office are presidents who have not held high office before: Why would that rule exist? [read post]
13 Feb 2024, 11:53 am
After nearly two weeks, the plaintiff was transferred back to Avery-Mitchell. [read post]
12 Feb 2024, 9:01 pm
If the President is not an officer of the United States, what is he an officer of? [read post]
12 Feb 2024, 9:51 am
Justice Sonia Sotomayor seemed skeptical about one argument made by Trump’s attorney, Jonathan Mitchell, that Chief Justice Samuel Chase’s circuit court decision in Griffin required Congress to pass enabling legislation to allow states to disqualify insurrectionists. [read post]
12 Feb 2024, 6:46 am
Indeed, the amazing thing about the oral argument was just how hilariously nonchalant Jackson was with regard the mass of historical materials by lawyers and non-lawyers she had been furnished; she even had Trump’s attorney Jonathan Mitchell disclaiming “law office history” to avoid using history to serve his side so crudely. [read post]
12 Feb 2024, 6:41 am
From Slate:If there was any surprise on Thursday, it was Justice Ketanji Brown Jackson’s embrace of Mitchell’s main theory that the president is not an “officer” of the United States, so Section 3 does not apply to him at all. [read post]
12 Feb 2024, 4:58 am
Mitchell McCluskey reports for CNN. [read post]
9 Feb 2024, 6:19 pm
” Price now alleges that Gilbert was the gunman, not Mitchelle. [read post]
9 Feb 2024, 4:04 pm
While Gilbert was at large, Hale and Mitchell were charged separately. [read post]
9 Feb 2024, 3:48 pm
" She said that under Jonathan Mitchell's position, "Congress must permit states or require states to stop insurrectionists from taking state office. [read post]
9 Feb 2024, 3:02 pm
Anderson Part II: Justice Jackson Gets ‘Office under the United States’; Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy; But Mitchell’s concern about Foreign Emoluments Clause ‘boomerang’ could have cut off a path of complete victory. [read post]
9 Feb 2024, 1:28 pm
The first installment focused on Justice Gorsuch's colloquies about Officers of the United States. [read post]
9 Feb 2024, 12:46 pm
Justice Neil Gorsuch asked Mitchell to explain the “gap” in the terms “officer” and “officer of the United States” as they appear in the Constitution, which laid the foundation for one of Mitchell’s core arguments: that under Section 3, the office of the president is not explicitly listed as being required to follow its requirements, so the presidency is exempt. [read post]
9 Feb 2024, 11:37 am
" Mitchell completely ducked "office under the United States. [read post]
9 Feb 2024, 9:20 am
Mitchell replied, "this is about officers being in the line of succession? [read post]
9 Feb 2024, 4:00 am
Look at what Mitchell himself acknowledged under questioning from Justice Kagan, who asked why on Earth the framers of the 14th Amendment would formulate a rule that says that "the only people who have engaged in insurrection who are not disqualified from office are presidents who have not held office before? [read post]
8 Feb 2024, 9:01 pm
I’d like to thank members of the SEC staff for their work on these final rules, including: William Birdthistle, Sarah ten Siethoff, Melissa Harke, Adele Murray, Tom Strumpf, Jill Pritzker, Neema Nassiri, Timothy Husson, David Stevens, Jon Hertzke, Michelle Beck, Holly Miller, Timothy Dulaney, Kevin Treharne, Trevor Tatum, Steve Flantsbaum, and Kolby Quass in the Division of Investment Management; Jessica Wachter, Charles Woodworth, Ross Askanazi, Caroline Schulte, Dan Hiltgen, Michael Davis,… [read post]
8 Feb 2024, 7:00 pm
Trump lawyer Jonathan Mitchell rejected the notion that the violent assault on the U.S. [read post]
8 Feb 2024, 2:41 pm
” There is debate over “officer of the United States” and “Term Limits,” which the chief justice asks Mitchell to clarify that he’s referring to a 1995 Supreme Court decision, U.S. [read post]
8 Feb 2024, 2:35 pm
“This was a riot, it was not an insurrection,” Mitchell responded. [read post]