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14 Feb 2024, 3:05 pm by Marty Lederman
”  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 by Phil Dixon
After nearly two weeks, the plaintiff was transferred back to Avery-Mitchell. [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
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 by Scott Bomboy
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 by Guest Blogger
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 by David Oscar Markus
  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]
9 Feb 2024, 6:19 pm by Yosi Yahoudai
” Price now alleges that Gilbert was the gunman, not Mitchelle. [read post]
9 Feb 2024, 4:04 pm by Yosi Yahoudai
While Gilbert was at large, Hale and Mitchell were charged separately. [read post]
9 Feb 2024, 3:48 pm by Josh Blackman
" 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 by Howard Bashman
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]
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, 4:00 am by Michael C. Dorf
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 by renholding
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 by Sabrina I. Pacifici
Trump lawyer Jonathan Mitchell rejected the notion that the violent assault on the U.S. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
” 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]