Federalist Society Leader Helped Foment Capitol Riot

More than 200 judges have been embedded in the federal judiciary by outgoing Senate Majority Leader Mitch McConnell and Donald Trump. The huge majority of those judges come from the Federalist Society, the right-wing dark money association that has been working for years to erode civil rights, end abortion, oppose LGBTQ equality, stop gun safety laws, and fight regulations protecting the environment, health care, and worker safety—aka everything achieved in roughly half a century of progress. They are responsible for the current makeup of the Supreme Court and most of the Republican Senate. And they also have at least partial responsibility for the insurrection that happened at the U.S. Capitol on Jan. 6.

John Eastman, until this week the chairman of the Federalist Society’s Federalism & Separation of Powers practice group, spoke at the pre-insurrection rally. “Anybody that is not willing to stand up and [vote to overturn the election] does not deserve to be in the office!” Eastman told the crowd. Standing next to Rudy Giuliani at the rally, he broke into a smile when Rudy incited the crowd with “Let’s have trial by combat!”

Those linked tweets are from Slate‘s Mark Joseph Stern, who highlighted Eastman’s role in pushing Trump’s various plots to overturn the election: “As the president’s actual attorneys backed away from his coup, Eastman rushed in to fill the void, attempting to bolster the scheme with incoherent legal theories,” Stern writes. “When Texas Attorney General Ken Paxton urged the Supreme Court to overturn the election by nullifying millions of votes, it was Eastman who intervened on Trump’s behalf to endorse Paxton’s suit.” Continue reading.

CNN’s Brianna Keilar Scorches Republicans Who Say Impeachment Is Too Divisive

She called out lawmakers who enabled Trump’s election lies, then complained after an insurrection that impeachment would sow division.

CNN’s Brianna Keilar on Thursday looked back at the divisive rhetoric of Republicans who voted against the second impeachment of Donald Trump because they claimed it would be too divisive.

“The very people who have been saying for months that Trump won an election that he did not ― who are knowingly telling supporters this lie, who have enabled a president who wants to break the system as he tries to harness the rage of extremists and racists for his own self preservation ― are telling people who want accountability to let it go. It’s ‘too divisive.’”

Trump on Tuesday spoke out about the impeachment proceedings, claiming that it was causing “tremendous anger,” after he spent months spreading disinformation about the presidential election and fomenting political unrest that culminated in a violent insurrection on the U.S. Capitol from his supporters, who sought to overturn the election results. Continue reading.

Rep. Tom Emmer will attend Joe Biden’s presidential inauguration — but still won’t call him president-elect

Emmer, Klobuchar sparred over election outcome on Thursday. 

Republican U.S. Rep. Tom Emmer refused again Thursday to refer to Joe Biden as president-elect, days after the Electoral College certified Biden’s victory and a week after the U.S. Supreme Court rejected a GOP bid backed by Emmer to overturn it.

Making his first public comments since both developments, Emmer acknowledged the Electoral College’s recognition of Biden as the winner and said President Donald Trump’s options for challenging that outcome were “diminishing.”

But in a panel discussion with Democratic U.S. Sen. Amy Klobuchar, Emmer rebuffed attempts by moderator and CBS correspondent Major Garrett to refer to Biden as president-elect. Emmer instead said that Jan. 6, the date Congress will officially count the Electoral College’s votes, marks the end of the line. Continue reading.

Texas GOP actually suggests secession after Trump’s Supreme Court election challenge fails

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After the Supreme Court decisively shut down a lawsuit attempting to overturn the 2020 election, Texas GOP Chair Allen West issued a disturbing statement floating the idea of possible secession over the result.

The case was brought by Texas Attorney General Ken Paxton, though it was widely panned by legal experts. Some believed that Paxton, currently under investigation by the FBI, was using the lawsuit as a vehicle to win President Donald Trump’s favor and obtain a presidential pardon. Despite the lack of merits, the president and his allies rallied behind the lawsuit, with Trump himself calling it “the big one” — apparently trying to distinguish it from the more than 50 additional failed election lawsuits filed on his behalf.

From the start, the lawsuit never had the chance. Paxton tried to exploit a feature of the constitutional system that allows states to sue each other before the Supreme Court. But Paxton’s arguments that four key swing states had violated the Constitution in conducting their elections were specious, and there was no reason to take them seriously. The court concluded, unsurprisingly, that Texas didn’t even have the standing to bring a challenge to other states on this ground and rejected the argument without it even being officially filed. Continue reading.