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Trump is losing federal court cases at an unprecedented rate due to sloppiness and absence of facts in filings: report

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According to a report at the Washington Post, the administration of Donald Trump has a stunning fail rate when it comes  to getting his policies implemented without federal judges smacking them down because they don’t meet minimums of legal reasoning.

Reporting on a database compiled by the Institute for Policy Integrity at the New York University School of Law, the Post reports that “the normal ‘win rate’ for administration officials to get new policies implemented with court approval is 70 percent. Under Trump, it has fallen to an almost non-existent 6 percent.

The report notes that administration lawyers are being hamstrung by having to present cases handed to them by policymakers that are woefully short on both facts and reasoning.

“In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance, including providing legitimate explanations for shifts in policy, supported by facts and, where required, public input,” the Post reports, adding, “The rulings so far paint a remarkable portrait of a government rushing to implement sweeping changes in policy without regard for longstanding rules against arbitrary and capricious behavior.

While pointing out that many of the losses are under appeal, the report notes that there seems to be little interest at times in actually succeeding on policies that appear to have been done for show.

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According to Seth Jaffe, a Boston-based lawyer who represents large corporations looking to undercut environmental laws, “This administration has given regulatory reform a bad name.”

The attorney accused some policymakers in the administration of putting ideology way before governance — which is why they are going down to defeat at a record pace.

“It’s not just that they’re losing. But they’re being so nuts about it,” Jaffe lamented.

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Matthew Collette, the former deputy director of the Justice Department’s Civil Division appellate staff who served for over 30 years, admitted the rate of losses is unprecedented, remarking. “I don’t think there’s any doubt about that.”

In a case over the Trump’ administrations plan to end some $200 million in Health and Human Services grants to 81 teen-pregnancy-prevention programs, one judges was incredulous at the government argument for pulling the plug.

“During a hearing in Washington last April, U.S. District Judge Ketanji Brown Jackson expressed incredulity about the manner in which the agency had acted,” the Post reports. “Can an agency suddenly say ‘too bad, so sad,’ Jackson asked a lawyer for the government, and cut off money without cause? When the lawyer answered yes, the judge called the situation ‘weird’ and ordered the grants restored.”

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In another case asking for the government to be let off the hook for environmental cleanups, another judge was equally harsh because the administration never asked for public input as dictated by the law.

“U.S. District Judge David Norton of South Carolina, an appointee of President George H.W. Bush, gave the Trump administration a tongue-lashing, calling its approach ‘evasive,’ in addition to being ‘arbitrary and capricious’,” the report states.

According to Jonathan Adler, a Case Western Reserve University law professor who feels there are too many regulations, “If your goal is to change policy, the little extra time” to explain “is worth it. Various administrations don’t always like that lesson — this administration more than most.”

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2020 Election

Trump’s racist attacks on Dem lawmakers are a test run in case he faces Kamala Harris in 2020: MSNBC contributor

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Speaking with host Alex Witt on Sunday afternoon, an MSNBC contributor speculated that Donald Trump's racist attack on four female Democrats -- none of whom are white -- was a test run to see how far he can go attacking Sen. Kamala Harris (D-CA) should she be his opponent in the 2020 general election.

According to Democratic strategist Don Calloway, Trump may not have a grand strategy, but he's in "campaign mode" which brings out his barely concealed inner-racist.

"I'm not one to ascribe a strategy to the president when it's clear he's not a deep thinker, but he is, however, in campaign mode," he explained. "I see this as a good campaign device for him to gin up his base, fueled by the xenophobia and race-based hatred."

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Here’s how lawyers enabling Trump’s obstruction can have their livelihoods stripped from them — by anyone

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In a column for the Daily Beast, a former Democratic member of the U.S. House of Representatives laid out a simple way to force lawyers advising aides to Donald Trump to defy Congressional subpoenas -- or avoiding one themselves -- to stop giving bad advice by moving to have them disbarred.

According to Brad Miller, who represented North Carolina in Congress between 2003 and 2013, the way in which former President Bill Clinton's impeachment was handled -- and the penalty he eventually received -- is a road map for legal retaliation even if Democrats in Congress won't do it.

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Lara Trump snarls at critics of ‘send her back’ for pushing a ‘biased, racially-charged narrative’

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Lara Trump, the wife of President Donald Trump's son Eric, has accused CNN anchor Anderson Cooper of pushing a "biased, racially-charged narrative" after he criticized her recent defense of the Trump administration over the "send her back" scandal.

This article first appeared on Salon.

"Anyone insinuating that there was some premeditated plan to orchestrate the “send her back” chant is obviously desperate to continue pushing a biased, racially-charged narrative. #FakeNews," Trump posted to her Twitter account on Saturday. She included a link to the Washington Examiner, a right-leaning newspaper which included a quote from Cooper blasting Trump for supposedly "lying" about her role in whipping up a crowd to chant "send her back" about Rep. Ilhan Omar, D-Minn.

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