LIVE: Trump DOJ Tries to BAIL OUT Trump BEFORE It’s TOO LATE | Legal AF
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Summary
Takeaways
- ❖Kash Patel, a Trump appointee, is accused of using the FBI to investigate journalists from The Atlantic and New York Times who reported on his alleged misconduct and personal life.
- ❖The Department of Justice filed a brief with the Supreme Court seeking to apply 'Westfall immunity' to Donald Trump, arguing his defamatory statements against E. Jean Carroll were made within the scope of his presidential duties.
- ❖The Supreme Court's 'magic six' conservative justices are criticized for intellectual dishonesty in the Calay decision, accelerating a mandate to allow Louisiana to redraw congressional maps mid-election cycle, contradicting their own 'Purcell doctrine' principle.
- ❖An FBI raid on Virginia State Senator Louise Lucas's businesses, timed with Fox News presence, is framed as a politically motivated distraction from other administration scandals, specifically Howard Lutnick's testimony regarding Jeffrey Epstein.
Insights
1Weaponization of the FBI Against Journalists
Kash Patel, a Trump appointee, allegedly used the FBI to initiate investigations into journalists from The Atlantic and The New York Times. These investigations targeted reporters like Sara Fitzpatrick (The Atlantic) for reporting on Patel's excessive drinking and Hannah Natanson (Washington Post) for stories about his girlfriend, even seizing Natanson's electronic devices containing thousands of confidential sources. This is seen as an abuse of power and a direct assault on the First Amendment and the Fourth Estate.
Kash Patel handing out bourbon bottles to FBI agents while facing a defamation suit for alleged public drinking (). FBI opening investigation against a New York Times reporter for 'stalking' Patel's girlfriend (). Seizure of Hannah Natanson's electronics, containing over a thousand confidential sources, by the FBI (). Merrick Garland's policy making reporter investigations a last resort was rescinded under the Trump administration ().
2DOJ's Attempt to Shield Trump from E. Jean Carroll Judgment via Westfall Immunity
The Department of Justice (DOJ) filed a new brief with the Supreme Court, asking it to consider whether Donald Trump's defamatory statements against E. Jean Carroll were made while he was 'just doing his job' as a federal employee, under the Westfall immunity doctrine. This move aims to substitute the DOJ as the defendant, effectively dismissing the case and shielding Trump from the $83.5 million defamation judgment, despite juries having already found him liable for sex abuse and defamation.
DOJ files new paper with Supreme Court asking if Trump was 'just doing his job' regarding E. Jean Carroll defamation (). Westfall immunity protects federal employees from civil damages if actions were within the scope of duty (). Trump's lawyers previously waived this defense by not raising it timely (). The Supreme Court is expected to hear the case, with conservative justices potentially contorting legal arguments to grant Trump immunity ().
3Supreme Court's Partisan Intervention in Voting Rights and Gerrymandering
The Supreme Court's 'magic six' conservative majority is accused of intellectual dishonesty and partisan intervention in voting rights cases, particularly regarding the Calay decision in Louisiana. The Court expedited a mandate to allow Louisiana to redraw congressional maps mid-election cycle, overturning existing maps and affecting voters who had already cast ballots. This action contradicts the Court's own 'Purcell doctrine,' which advises against changing election rules too close to an election, a principle they previously upheld when it disfavored Democrats.
The Calay decision involves Louisiana adding a black congressional district, challenged under the 15th Amendment and Voting Rights Act (). Ketanji Brown Jackson's dissent highlighted the rarity of shortening the 32-day mandate window (). Alito, writing for the majority, shortened the time to a day, entering the fray in active litigation during primaries (). The Court's actions are seen as gutting the Voting Rights Act by requiring proof of intent to disenfranchise, rather than just effect ().
4Politically Timed FBI Raid on Senator Louise Lucas
An FBI raid on Virginia State Senator Louise Lucas's businesses (marijuana dispensary, massage parlor, offices) was conducted with Fox News present, suggesting a politically motivated leak and timing. Lucas, a prominent Democrat and power broker in Virginia's redistricting efforts that led to a significant Democratic advantage, was under an investigation initiated by the Biden administration but previously deemed insufficient for a case. The raid's timing coincided with Howard Lutnick's closed-door testimony about Jeffrey Epstein, leading hosts to believe it was a deliberate distraction.
FBI raid on Senator Louise Lucas's businesses, with Fox News tipped off and present (, ). Lucas was a key figure in Virginia's redistricting, which resulted in a 10-to-1 Democratic advantage (). The investigation was initiated by the Biden administration but previously didn't lead to a case (). The raid occurred on the same day as Howard Lutnick's testimony before Congress regarding Jeffrey Epstein contacts ().
Lessons
- Stay informed about legal challenges to press freedom and voting rights, recognizing how political motivations can influence judicial and law enforcement actions.
- Support organizations and journalists dedicated to protecting the First Amendment and exposing abuses of power, as they are crucial for democratic accountability.
- Mobilize and vote in local and national elections, as voter turnout can counteract gerrymandering efforts and influence the political landscape, potentially leading to 'dummy mandering' where intended partisan advantages backfire.
Quotes
"This is a reporter who has the intent to report. So, I don't see how they would ever even get over the threshold to make out any kind of stalking statute."
"This would be the equivalent of Nixon using his Department of Justice and FBI to wiretap and search warrant you know, Woodward and Bernstein while they were in the midst or at the beginning of the Watergate investigation before it hit the paper. That's what we're watching."
"I mean, it's it's really just it's a Hail Mary, but it's a good it's a certainly a smart play for him. It's the only play he has since every lower court has rejected this so far and not just on procedural grounds."
"This is not a court that calls balls and strikes. This is this is I I I think I think Mark Elias even said, I think I saw him on a podcast said this is this would be like the umpire telling the pitcher what pitches to throw."
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