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Law professor schools Trump’s legal team on why their Supreme Court arguments failed

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Fordham Law Professor Jed Sugerman noted on Twitter, that Thursday’s Supreme Court ruling should be a “teachable moment” for the lawyers at the Mazars firm, which fought the disclosure of President Donald Trump’s financial information.

During the oral arguments with the High Court about the New York case, Trump attorney Jay Sekulow argued that as president Trump was above the law.

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“In both cases, petitioners contended that the subpoenas lacked a legitimate legislative purpose and violated the separation of powers,” the Supreme Court said in the decision. “The President did not, however, argue that any of the requested records were protected by executive privilege.”

They ultimately ruled that the Congressional Financial Services Committee and House Committee on Oversight were performing “oversight,” but the separation of powers question was another matter, and Justices explained the Congress isn’t the “law enforcement” branch.

“Don’t just go for wins in trial court. Go for getting the law right AND winning,” Sugarman told the lawyers. “Assume an appeal and foresee that appellate court balance. Winning a lower court decision with a legal standard that won’t hold up on appeal is no better than losing.”

He closed with a reminder not aimed at anyone but arguably should be considered by Sekulow: “And obviously don’t walk into oral argument with an unserious, alienating legal standard that will be rightly rejected unanimously.”

See the Twitter thread here.

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Angst-ridden Republicans should have acted when Trump put his reelection above national security concerns: conservative columnist

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Writing in the Washington Post this Thursday, columnist Jennifer Rubin says that Senate Republicans are in serious trouble, especially in light of the stimulus bill they rolled out this week.

According to Rubin, the Senate GOP is in dire straits because "they have allowed the anti-government, anti-science Trump sycophants to disclaim any interest in the bill, thereby handing the reins to Democrats."

Rubin writes that some Republicans saying they want to see essential workers being taken care of in the bill are speaking up too late. "If only they they had some power in February to remove the unfit and corrupt president from office, instead of leaving him there to purge witnesses from his administration, seek vengeance on foes, force out inspectors general and botch the response to the coronavirus," Rubin writes.

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2020 Election

Facebook removes network of fake accounts that posed as Trump supporters

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Facebook said Thursday it took down accounts running a deceptive campaign out of Romania pretending to be Americans supporting US President Donald Trump ahead of the coming election.

The leading online social network removed 35 Facebook accounts, three pages, and 88 Instagram accounts as part of an ongoing fight against "coordinated inauthentic behavior," according to security policy head Nathaniel Gleicher.

"The people behind this network used fake accounts to pose as Americans, amplify and comment on their own content, and manage pages including some posing as President Trump fan pages," Gleicher said.

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2020 Election

Brace yourself for months of lawlessness — ‘Election Night’ likely will not end until 2021

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There’s nothing wrong with treating American politics like a sport as long as everyone involved in the competition is playing the same sport by the same rules. There’s nothing wrong as long as both sides agree the rules are legitimate, both commit to obeying them and both accept the consequences when they break them.

This article was originally published at The Editorial Board

But there is a problem with treating American politics like a sport when one side is playing soccer and the other is playing football while neither can agree to the rules, because one side won’t commit to obeying them. There is something wrong when one side not only refuses to accept the consequences of rule-breaking but sets out to undermine the idea of rules altogether. In that case, treating politics like a sport, as the Washington press corps habitually does, isn’t helpful. It’s harmful. Even dangerous.

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