Connect with us

News

‘Investigate Now’: As Alito Scandal Grows Pressure Mounts on ‘MIA’ and ‘AWOL’ Judiciary Chair

Published

on

Revelations over the past week that U.S. Supreme Court Justice Samuel Alito flew flags associated with the January 6 insurrection and the far-right Christian nationalist movement at not one but two of his homes have drawn tremendous outrage, and heightened demands that Senate Judiciary Chairman Dick Durbin (D-IL) hold hearings on the jurist, and pass legislation to reform the Court.

Chairman Durbin, first elected to Congress in 1982, has focused his attention on ensuring President Joe Biden’s judicial nominees are confirmed. Wednesday morning he celebrated confirming 200 judges nominated by President Biden to the federal bench.

But critics, including legal experts, say the Chairman has done little to reform the Supreme Court or hold the judicial branch to account.

READ MORE: Trump Adviser Scanned and Saved Contents of Box That Had Classified Docs: Report

Durbin did not hold any hearings over Justice Clarence Thomas’s numerous alleged ethical violations. Some legal experts say he has not only violated the people’s trust and judicial ethics rules, but federal law.

And now, critics say, Chairman Durbin is not responding sufficiently to the Justice Alito scandal.

The Chairman did release a statement on Wednesday after the New York Times bombshell of a second Alito flag, calling for the Justice to “recuse himself immediately from cases related to the 2020 election and the January 6th insurrection.”

Critics say that’s not enough, recusal is also not enough, and a statement from Durbin doesn’t rise to the level of Alito’s actions.

Professor of law, election law expert, and Director, Safeguarding Democracy Project Rick Hasen Wednesday did not hold back.

“WTF Justice Alito?” he wrote. “I was uncertain if revelation of first flag merited J Alito’s recusal in the first case, but I now believe he must recuse in the Trump immunity and related cases. His impartiality could be reasonably questioned;no blaming it on spouse.”

Historian and professor Heather Cox Richardson, responding to Hasen, wrote: “Recuse? He needs to resign.”

Justice Alito’s flags indicate support for the January 6, 2021 insurrection, suggests University Professor Emeritus at Harvard University, Laurence Tribe, a professor of law and top constitutional scholar who wrote a major textbook on the U.S. Constitution.

In an interview Wednesday he also suggested Justice Alito’s actions come close to treason.

READ MORE: ‘Going for the Jugular’: Legal Scholar Warns ‘Trumpers’ Want to End Major Civil Right

Professor Tribe alleged Justice Alito may have committed impeachable offenses, including “giving aid and comfort to an insurrection against the Constitution of the United States, which is close to treason,” he said in his Wednesday interview on the MeidasTouch Network. He also called for a “serious investigation” by the U.S. Senate into Alito, who “has been contemptuous for quite a while.”

But Tribe also aimed his criticism at the Judiciary Chairman.

“This isn’t just about the insurrection-abetting Sam Alito, it’s about the AWOL Senator Durbin. He has no excuse for not holding hearings about Alito now.”

On Tuesday, even before the second Alito flag was discovered, Tribe demanded action.

I’m sorry, Senator Durbin, you’re MIA on this. You have a solemn responsibility to conduct oversight here. This is deadly serious! Key Senate Democrat doesn’t plan to probe Justice Alito over upside-down flag. Excuse me, why the heck not??”

Earlier, on Saturday, Professor Tribe had already been pushing for Durbin to act.

Talk is cheap. Chairman Dick Durbin needs to do more than call on Alito to recuse himself from the insurrection cases. Durbin needs to step up and use the subpoena power to demand Alito’s appearance and explanation before the Senate Judiciary Committee!”

On Monday, NBC News’ Sahil Kapur had reported, “Durbin has NO plans to hold a hearing on Justice Alito. ‘I don’t think there’s much to be gained with a hearing at this point… He should recuse himself from cases involving Trump and his admin.’ And if Alito won’t? Durbin says no recourse but impeachment—and they aren’t there.”

READ MORE: Trump Adviser Scanned and Saved Contents of Box That Had Classified Docs: Report

Attorney Dan Coffin, who writes about constitutional issues, disagreeing with Durbin’s claim, says there must be an investigation.

“An impeachment hearing should be preceded by an investigative hearing to establish the facts regarding the flag incident, as well as other matters currently known or as developed in an investigative hearing. The public needs to know the facts. Alito likely would refuse to appear, even with a subpoena, and the public needs to know that,” he said. “There should also be an investigative hearing regarding Thomas & his wife.”

Progressive talk show host Thom Hartmann also blasted Durbin.

“Dick Durbin needs to haul Alito and Thomas before the Senate Judiciary Committee to get to the bottom of their collision with Trump’s attempt to overthrow American democracy. Will he find the courage?”

Adam Cohen, Lawyers for Good Government Vice Chair, Board of Directors on Thursday also took aim at Durbin.

“Dick Durbin is the Senate Judiciary Committee Chair,” he began. “He needs to investigate Supreme Court Justices Alito and Thomas-NOW.”

“Chief Justice Roberts must testify about the MAGA takeover of the Court-and what he’ll do to stop it,” Cohen insisted, warning: “Americans are losing their rights … This CANNOT continue.”

See the social media posts above or at this link.

There's a reason 10,000 people subscribe to NCRM. You can get the news before it breaks just by subscribing, plus you can learn something new every day.
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Amid ‘Confusion and Disorder’ Prosecutors ‘Hit the Brakes’ on Brennan Probe: Report

Published

on

Just days after the U.S. Department of Justice removed the federal prosecutor in charge of its investigation into former CIA Director John Brennan, the DOJ reportedly has “hit the brakes” and begun to withdraw several subpoenas issued in the case.

MS NOW‘s Carol Leonnig and Lisa Rubin report that the criminal probe into Brennan includes “a purported conspiracy by the Obama administration to embarrass President Donald Trump,” according to people familiar with the matter.

“The dramatic shift in plans revealed some confusion and disorder in the controversial Justice Department investigation, which career prosecutors have privately criticized as lacking evidence and being politically motivated to please Trump,” MS NOW noted. The subpoenas had been served over the weekend, after the removal of the prosecutor, to witnesses “purportedly with knowledge of the Obama administration’s decision to investigate Russian interference in the 2016 election.”

The subpoenas were seen by Trump allies “as a sign of progress the Justice Department was making in a top political priority for the president: to go after the architects of the Russia probe that eventually became special counsel Robert Mueller’s investigation of Trump’s campaign and Trump himself.”

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

Some subpoenas were to be served to former government officials and some current and former intelligence agency officials, MS NOW reports, in the case where the DOJ is “looking to charge Brennan with making false statements about his and the CIA’s role in launching the Russia probe.”

Rather than serve subpoenas, DOJ will seek voluntary testimony.

The probe into Brennan is part of a larger “grand conspiracy” investigation into why the Russia probe was opened. But the critical loss of prosecutors “appears to have contributed to the whiplash decision to subpoena witnesses this weekend in Washington in the Brennan investigation and then withdraw them days later, according to the people.”

The prosecutor who had been removed had told colleagues that she had informed her supervisors there was insufficient evidence to charge Brennan.

READ MORE: The Supreme Court Is at War — With Itself: Columnist

Image via Reuters 

Continue Reading

News

The Supreme Court Is at War — With Itself: Columnist

Published

on

The U.S. Supreme Court, “nine angry men and women in black robes,” according to Philadelphia Inquirer columnist Will Bunch, has gone “off the rails,” and is now “at war with itself.”

“Almost every day, there are new signs — from shocking news leaks to surprisingly indecorous public jabs, and legal opinions that read like cries for help — that the U.S. Supreme Court is at war … with itself,” Bunch argues. “Looming large over this soft civil war inside one of America’s three branches of government is our most fundamental liberty, the right to vote.”

Pointing to President Donald Trump’s war in Iran, amid its “shaky” ceasefire and “the daily unraveling” of the White House, “the biggest bombshell wasn’t dropped in the Persian Gulf but in the pages of the New York Times.”

Bunch is referring to the widely-cited scoop from the Times‘ Jodi Kantor and Adam Liptak, that reveals the extreme steps Chief Justice John Roberts took to block President Barack Obama’s Clean Power Plan — and expand the powers of the Court via the “shadow docket.”

“For more than a decade now, these emergency rulings have largely constrained Democratic presidents and boosted the power of Donald Trump on major issues,” Bunch writes.

He notes that the Times published a batch of five justices’ secret memos, including those from Roberts, that “exposed the hypocrisy” of the Chief Justice, “who has argued during his two decades overseeing the court that its justices are not political actors but impartial umpires ‘calling balls and strikes,’ based on sound interpretation of the law.”

Bunch states these memos “reveal Roberts as less an umpire and more the manager of a team desperate to win the World Series for corporate America.”

The leaking of the memos, which, to many, cast Roberts in a negative light, “is just the latest in a series of news leaks and public statements coming from the Supreme Court that lack any precedent, legal or otherwise.”

Bunch says the court had already been facing a “crisis of credibility,” given the “revelations of alleged corruption” swirling about Justice Clarence Thomas, and the “billion-dollar efforts by wealthy conservatives to shape and then lobby the court.”

The Times’ report was far from the first leak.

READ MORE: Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

In 2022 came the “Mother of All Leaks” — the draft opinion that would ultimately overturn 1970s’ landmark ruling, Roe v. Wade.

The leaker was never discovered, but “there’s been much speculation that it came from the conservative wing hoping the news coverage would prevent last-minute defections.”

Meanwhile, since the Court’s 2024 decision granting President Donald Trump and all presidents sweeping immunity from criminal prosecution for “official acts,” Bunch writes, “there has been even less decorum and more overt verbal warfare.”

Sometimes, justices publish their snipings inside their opinions, “as when Justice Sonia Sotomayor wrote in response to that ruling on presidential power that POTUS is now ‘a king above the law,’ signing off ‘with fear for our democracy.'”

Bunch says an even more “shocking” event occurred when Sotomayor “lashed out” at Justice Brett Kavanaugh, when she commented that one of his opinions had come from “a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.”

She quickly apologized.

Like the 2022 leak, no one has publicly stated who leaked the secret memos to The New York Times.

But, Bunch surmises, someone “very high in the judicial pyramid is trying to send a ‘bat signal’ to the American public — that things at the nation’s highest court have gone off the rails.”

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

 

Image via Reuters 

Continue Reading

News

Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

Published

on

A prominent House Republican is breaking with President Donald Trump on the state of the U.S. economy — which the president in recent months has called the “hottest” in the world and suggested that the inflation and affordability crises have been resolved. But she’s also placing the blame on former President Joe Biden, well over a year after he left office.

House Republican Conference Chair Lisa McClain “offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition,” Politico reported.

“Now, I know that even with bigger refunds, many families are struggling right now. And I get it,” McClain told reporters.

“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again. So let me be candid, and let me refresh everybody’s memories,” she said, declaring that the Biden administration “killed” the Keystone Pipeline on “day one.”

The pipeline was never completed — Biden revoked a permit for it.

READ MORE: ‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

“Then,” she continued, “the Biden administration made it harder to ‘drill baby drill.'”

By the time President Biden left office, the U.S. was the world’s largest producer of oil and a net exporter of petroleum products and natural gas.

After praising the Trump administration for opening up more drilling permits, McClain scolded the press: “We need to tell the truth on truly what’s going on.”

“I’m not passing the buck, I’m giving you the facts,” she said.

“It’s crazy that Democrats closed the Keystone pipeline,” she reiterated. “It’s crazy to rely on our enemies for our oil and our natural gas. And it is crazy to sacrifice our national economic security for woke Green New Deal talking points.”

“So, no. Energy prices aren’t where any of us want them to be,” she acknowledged before praising Trump’s energy policies.

READ MORE: ‘What Evil Looks Like’: Columnist Says Trump Presides Over a ‘Circus of Death and Chaos’

Continue Reading

Trending

Copyright © 2020 AlterNet Media.