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Law ‘Requires’ Alito and Thomas to Recuse Says Former Federal Prosecutor

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U.S. Supreme Court Justices Samuel Alito and Clarence Thomas have no choice but to observe federal law and recuse themselves from cases involving the 2020 presidential election, according to an attorney who served as a federal prosecutor for 30 years, while a noted constitutional law expert is warning Justice Alito “may be responsible for delaying” the Court’s decision on Donald Trump’s claims of absolute immunity.

Their remarks come as Americans are waiting for the U.S. Supreme Court to issue its decision on Donald Trump’s claim of absolute and total immunity from prosecution.

“The Supreme Court, as led by insurrection advocates Alito & Thomas, has caught & killed Trump’s prosecution for trying to overturn the 2020 election. The impartiality of Thomas & Alito ‘might reasonably be questioned’ so the federal law REQUIRES their recusal. Period. Full stop,” wrote Glenn Kirschner, now an NBC News/MSNBC legal analyst.

Kirschner posted text from federal law, 28 U.S.C. Sec. 455, which reads: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

READ MORE: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal

The renewed interest in both far-right justices comes after Friday’s New York Times bombshell report that revealed a symbol of January 6 insurrectionists, the “Stop the Steal” flag, which is the U.S. Stars and Stripes flying upside down, was flown at Justice Alito’s home just days before President Joe Biden was inaugurated.

Justice Alito claimed his wife was responsible for flying the American flag in that manner, which is also used to indicate a situation of dire or extreme distress. He claimed she had done so after an altercation with a neighbor, who had a “F*** Trump” sign on their lawn that could be seen by children awaiting the school bus. But those claims seemed to fall apart after sleuths noted because of COVID schools were operating virtually, so there were no school buses running, and neighbors did not remember what allegedly was extreme neighborhood drama.

On Friday, Laurence Tribe, University Professor Emeritus at Harvard University, a constitutional law scholar and professor who has argued three dozen times before the Supreme Court, told CNN (video below) he believes Justice Alito must recuse.

“I do. I don’t think there’s any question about it. It’s in many ways, more serious than what we’ve seen with Justice Thomas. At least Justice Thomas could say that, ‘my wife Ginny has her own separate career. We don’t talk about the cases.’ You may believe that or you may not, but that’s very different from what’s going on with Justice Alito. He’s not saying, ‘My wife has her own separate career.’ He’s throwing her under the bus and blaming her for what is on his house, his flagpole. It’s his flag malfunction. It’s his upside down flag and everyone knows that the upside down the flag, which the United States Code says should be flown that way only in cases of absolute emergency as a kind of SOS, was in this case, a symbol of the claim that the election was stolen from Donald Trump.”

“It was the banner of the insurrectionists,” Tribe continued. “And I’m reminded of something that the late Justice Scalia said in the opinion he wrote in 1987, he said, ‘you cannot expect to ride with the cops if you cheer for the robbers.’ In this case, Justice Alito expects to preside over a decision about whether there was an insurrection and who was responsible for it. And whether Donald Trump who has been charged with involvement in trying to obstruct the operations of government and the transfer of power is immune, or if cases before the court, he’s obviously not qualified to sit in this case.”

READ MORE: ‘Mouths of Sauron’: Critics Blast ‘Mobster Tactic’ of Trump Surrogates ‘Violating’ Gag Order

Like Kirschner, Tribe pointed to 28 U.S.C. Sec. 455, saying, “28 US Code section 455 says that any federal judge or justice must – not may, but must – recuse him or herself in any case where either that justice or the justice’s spouse has any skin in the game. There’s no distance here between Mr. Alito and Mrs. Alito. It’s clear that whatever offensive sign was involved, that dispute between neighbors trivializes what’s involved here.”

On the Supreme Court’s pending decision on Trump’s immunity claims, Tribe added, Justice Alito “may be responsible for delaying it.”

“After all, the protocol within the court is the different justices dissenting and Alito is probably writing a dissent from a rejection of the extreme claim of absolute immunity. That didn’t seem to gain traction with the court. If a justice is dissenting, you wait till the dissent is done before announcing the case. So by delaying this immunity decision so long that a trial can’t occur before the election, the effect may be to give de facto immunity to the former president, who if he wins the election will pick an attorney general who will dismiss the case. So ultimate accountability is very much on the line.”

As for Justice Thomas, back in March of 2022, The New Yorker‘s Jane Mayer wrote: “Legal Scholars Are Shocked By Ginni Thomas’s ‘Stop the Steal’ Texts,” which also read: “Several experts say that Thomas’s husband, the Supreme Court Justice Clarence Thomas, must recuse himself from any case related to the 2020 election.”

And in June of 2022, former Bush 43 chief White House ethics lawyer Richard Painter, also posting that federal law, wrote: “Justice Thomas’s participation in Dobbs means Ginni Thomas was not receiving payment from persons seeking reverse of Roe. Right?”

He was referring to the Supreme Court’s Dobbs decision, coincidentally written by Justice Alito, which overturned five decades of civil rights law and removed abortion as a constitutionally-protected right.

“We have no idea who’s paying Ginni Thomas,” he continued, referring to Clarence Thomas’s spouse, who also alleged worked to overturn the 2020 election. “Justice Thomas refuses to recuse from any cases because of her. This conflict of interest is unworkable.”

Watch Professor Tribe below or at this link.

READ MORE: ‘Not Weighing in on That’: Republicans Refuse to Pull Support for Trump as Trial Nears End

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US Sanctions Russian and Iranian Entities for 2024 Election Interference Attempts

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Citing “deepfakes” and “targeted disinformation campaigns,” the U.S. Department of State and the U.S. Department of the Treasury announced on Tuesday sanctions against affiliates of Russia’s Main Intelligence Directorate (GRU) and Iran’s Islamic Revolutionary Guard Corps (IRGC), alleging they “aimed to stoke socio-political tensions and influence the U.S. electorate during the 2024 U.S. election.”

Democratic Vice Presidential nominee Tim Walz may have been the target of one such effort, according to a previous Washington Post report.

“Today’s actions build on sanctions previously imposed on the IRGC, the GRU, and their numerous subordinate and proxy organizations, pursuant to several authorities targeting the proliferation of weapons of mass destruction and malicious cyber-enabled activities,” the U.S. State Dept. wrote in a press release.

“The Governments of Iran and Russia have targeted our election processes and institutions and sought to divide the American people through targeted disinformation campaigns,” said Acting Under Secretary of the Treasury for Terrorism and Financial Intelligence Bradley T. Smith. “The United States will remain vigilant against adversaries who would undermine our democracy.”

READ MORE: Trump Medicare Pick Dr. Oz Says Uninsured ‘Don’t Have Right to Health’ in Resurfaced Clip

Treasury adds that the Moscow-based Center for Geopolitical Expertise (CGE) “directs and subsidizes the creation and publication of deepfakes and circulated disinformation about candidates in the U.S. 2024 general election. CGE personnel work directly with a GRU unit that oversees sabotage, political interference operations, and cyberwarfare targeting the West.”

“At the direction of, and with financial support from, the GRU, CGE and its personnel used generative AI tools to quickly create disinformation that would be distributed across a massive network of websites designed to imitate legitimate news outlets to create false corroboration between the stories, as well as to obfuscate their Russian origin,” the Treasury Dept. said. “In addition to using generative AI to construct and disseminate disinformation targeting the U.S. electorate in the lead up to the U.S. 2024 general election, CGE also manipulated a video it used to produce baseless accusations concerning a 2024 vice presidential candidate in an effort to sow discord amongst the U.S. electorate.”

Treasury did not specify who that candidate was, but reporting from The Washington Post suggested in previous reporting that it may have been Democratic Vice Presidential nominee Tim Walz.

In October, The Washington Post reported that a “former deputy Palm Beach County sheriff who fled to Moscow and became one of the Kremlin’s most prolific propagandists is working directly with Russian military intelligence to pump out deepfakes and circulate misinformation that targets Vice President Kamala Harris’s campaign, according to Russian documents obtained by a European intelligence service and reviewed by The Washington Post.”

READ MORE: Trump Claims Dems Will Use ‘All Sorts of Tricks’ to Stall Controversial Nominees

The Post’s Catherine Belton reported that the “documents show that John Mark Dougan, who also served in the U.S. Marines and has long claimed to be working independently of the Russian government, was provided funding by an officer from the GRU, Russia’s military intelligence service.”

“Disinformation researchers say Dougan’s network was probably behind a recent viral fake video smearing Democratic vice-presidential nominee Tim Walz, which U.S. intelligence officials said Tuesday was created by Russia. It received nearly 5 million views on X in less than 24 hours, Microsoft said.”

The Washington Post’s Belton, pointing to the Treasury Dept. press release said it confirmed the Post’s reporting from October.

“Though none of the entities sanctioned by the Treasure [sic] Department Tuesday are affiliated with China,” NBC News adds, “the department said in a separate letter Monday that its computers had been hacked in a state-sponsored Chinese operation in ‘a major incident.’ China denied that allegation.”

In September, Trump suggested he would remove sanctions on Russia, Iran, and China, The New Republic reported.

READ MORE: Only One-Third of Americans Think 2025 Will See Country Improve

 

Image via Flickr and a CC license

 

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Trump Medicare Pick Dr. Oz Says Uninsured ‘Don’t Have Right to Health’ in Resurfaced Clip

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Mehmet Oz, widely recognized as television’s “Dr. Oz” and President-elect Donald Trump’s nominee to head Medicare and Medicaid, has sparked controversy over resurfaced remarks from a 2013 speech, where he addressed the balance between personal and governmental responsibility for the uninsured.

Dr. Oz told members of the National Governors’ Association (video below) that uninsured Americans “don’t have the right to health,” but should be given “a way of crawling back out of the abyss of darkness of fear over not having the health they need.” That, he suggested, could come via physicals in a “festival-like setting.”

Oz, described by the AP as a “celebrity heart surgeon turned talk show host and lifestyle guru,” had urged members of the NGA to “think about” those physicals, promoting them as “incredibly inexpensive to run,” while declaring that “local hospitals will fund” them.

“You can screen thousands of people for almost nothing, and you allow a conversation and take place in more of a festival-like setting,” Oz said. “It’s not scary, and I mentioned earlier that almost everybody’s come into our 50-minute physicals has a job, but a lot don’t have insurance.” (At one point he appears to say “15-minute physicals,” and at another, “50-minute physicals.”)

READ MORE: Trump Claims Dems Will Use ‘All Sorts of Tricks’ to Stall Controversial Nominees

“Give them a way of crawling back out of the abyss of darkness of fear over not having the health they need, and give them an opportunity, cause they don’t have the right to health, but they have the right to access a chance to get that health.”

Earlier this month top Senate Democrats, in a letter to Oz, questioned both his qualifications to become the Administrator of the Centers for Medicare and Medicaid Services, along with what they described as his previous call to privatize Medicare.

Democrats, led by U.S. Senator Elizabeth Warren (D-MA), in the letter, expressed to Oz, “concerns about your advocacy for the elimination of Traditional Medicare and your deep financial ties to private health insurers.”

NBC News reported that the “Democrats referred to a 2020 opinion piece that Oz co-wrote calling for putting all Americans into Medicare Advantage, effectively replacing the traditional Medicare program in which the government directly insures Americans 65 and older in tandem with private insurance plans.”

“Indeed, private insurers that run the Medicare Advantage program drastically overcharge for care,” the senators wrote, NBC News reported, saying they were “citing analysis from the nonpartisan Medicare Payment Advisory Committee.”

The Hill added that the Democrats “said they were especially concerned about Oz’s potential conflicts of interest. Oz reported owning more than $550,000 in UnitedHealth stock in his 2022 financial disclosures. UnitedHealth is the largest private insurer under Medicare Advantage and largest employer of physicians in the nation.”

“The company is currently under a sprawling antitrust investigation by the Department of Justice — including for its role in aggressively upcoding Medicare Advantage enrollees to secure higher payments from CMS — and has been sued on multiple occasions for Medicare fraud. Under your plan, UnitedHealth’s revenue from Medicare Advantage would roughly double to $274 billion annually,” the Democrats wrote.

READ MORE: Only One-Third of Americans Think 2025 Will See Country Improve

In 2022, when the video first resurfaced during Oz’s failed campaign to become a Republican U.S. Senator for Pennsylvania, criticism was strong.

“This is such a crazy thing to say: ‘they don’t have the right to health’???” remarked journalist Soledad O’Brien.

Other commenters have also weighed in.

“As someone who studied health and healthcare in Guatemala, this sounds awful familiar,” wrote Dr. Caitlin Baird. “T minus two years until these ‘clinics’ are provided by ‘missionaries’ and pre-med volunteers with zero medical training.”

“For a physician to say that the uninsured don’t have the right to health is so unethical I am at a loss for word,” remarked pediatrician Jeffrey W Britton.

“This is the guy Trump wants in charge of healthcare for millions of Americans who cannot afford the healthcare he has access to,” observed former investigative reporter Jayne Miller. “’15 minute physicals’ Then what?”

Watch the video below or at this link.

READ MORE: Trump’s Mike Johnson Endorsement Treats Embattled Speaker Like Afterthought

 

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Trump Claims Dems Will Use ‘All Sorts of Tricks’ to Stall Controversial Nominees

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Donald Trump is claiming that Senate Democrats are planning to employ stalling tactics, including “all sorts of tricks,” to delay confirmation of his highly-controversial slate of nominees, and he’s directing Republicans to stop them. The President-elect’s message comes after his incoming White House Chief of Staff ordered all nominees to stop posting on social media, after a major kerfuffle in recent days involving Trump’s co-director of the newly-created, non-governmental “Department of Government Efficiency,” which caused outrage among the MAGA base.

“We just won a Historic Landslide and Mandate from the American People,” Trump declared in posts on several social media platforms Tuesday morning. Political observers say Trump’s win, which was a plurality, not a majority of the popular vote, and was neither a landslide nor a mandate.

“Senate Democrats are organizing to improperly stall and delay the confirmation process of many of our Great Nominees,” he claimed. “They will try all sorts of tricks starting very soon. Republicans must not allow them to do that. We have a Country to run, and many big problems to solve, mostly created by Democrats. REPUBLICANS, BE SMART AND TOUGH!!!”

Trump, who “campaigned relentlessly on grocery prices,” according to ABC News, in recent days appears to have been largely focused on threatening Panama that the United States, under his direction, wants to take back the Panama Canal, and threatening Canada that the United States would like to annex that sovereign nation as the 51st state. Also, Trump has again been claiming the United States needs “ownership and control” of Greenland, which is a territory of the Kingdom of Denmark.

READ MORE: Only One-Third of Americans Think 2025 Will See Country Improve

Trump’s New Year’s Eve declaration comes on the heels of reports Susie Wiles, his campaign manager who will serve as Chief of Staff, directed that “all intended nominees should refrain from any public social media posts without prior approval of the incoming White House counsel,” according to The New York Post.

“While this instruction has been delivered previously, I am reiterating that no member of the incoming administration or Transition speaks for the United States or the President-elect himself,” Wiles also reportedly wrote.

The Post claims that the “Wiles memo, according to a Trump transition source, is not in response to the recent social media ruckus caused by Department of Government Efficiency (DOGE) chairs Elon Musk and Vivek Ramaswamy over H-1B visas that had MAGA world spinning.”

Given Republicans will hold a 53-47 majority in the Senate, it’s unclear what sparked Trump’s missive.

Several of his nominees have come under criticism and scrutiny, including nominees Pete Hegseth (Defense), Tulsi Gabbard (DNI), Robert F. Kennedy Jr. (HHS), and Mehmet Oz (Medicare and Medicaid), among others. One, his first Attorney General nominee, Matt Gaetz, withdrew his nomination.

READ MORE: Trump’s Mike Johnson Endorsement Treats Embattled Speaker Like Afterthought

 

Image via Reuters

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