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There are only two rules, in the Constitution: A president has the power to nominate a person to fill a Supreme Court seat; and the Senate must advice and consent

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Read the full article here, but from a legal perspective it is spot on: https://www.nationalreview.com/2020/09/replacing-justice-ginsburg-politics-not-precedent/

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In reality, there are only two rules, both set forth in the Constitution: A president, for as long as he or she is president, has the power to nominate a person to fill a Supreme Court seat; and that nominee can fill the seat only with the advice and consent of the Senate. That’s it. Everything else is posturing. Everything else is politics.

There are no rules about what happens in the last year of a president’s term, nor codicils that hinge on whether the Senate is controlled by the president’s party or the opposition. For example, there was nothing inappropriate about President Obama’s nominating D.C. Circuit judge Merrick Garland after Justice Antonin Scalia died months before the 2016 presidential election; nor was there anything wrong with Senator Mitch McConnell’s holding his Senate majority together to block the nomination — against the caterwauling of the media-Democrat complex.

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Read the full article here:

https://www.nationalreview.com/2020/09/replacing-justice-ginsburg-politics-not-precedent/

Justice Department Officials want to withhold evidence?

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Law-enforcement officials also don’t want to reveal information that would give new ammunition to defense lawyers in prosecutions where warrants weren’t used, according to officials involved in the discussions.

After recent revelations where the Federal government falsified DNA evidence for decades, now officials are admitting they want to again withhold evidence in violation of the law. After the concept of “parallel construction” – known as legalized perjury by government officials – Federal officials now are willing to further abandon one of the core principles of the United States legal system.

http://www.wsj.com/article_email/u-s-will-change-stance-on-secret-phone-tracking-1430696796-lMyQjAxMTI1NDA0MzEwNjMzWj

Feds dig up 1789 Statute to get Google, Apple to decrypt phones

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The FBI has made it no secret that it hates Apple and Google’s efforts to encrypt files in your smartphones and tablets.
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The paperwork has shown two cases where federal prosecutors have cited the All Writs Act – which was enacted in 1789 as part of the Judiciary Act – to force companies to decrypt information on gadgets.

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Read more:
http://www.theregister.co.uk/2014/12/01/feds_turn_to_1789_law_to_force_smartphone_makers_to_decrypt_handsets/

Tea Party loses court battle over targeting to IRS

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The IRS may have inadvertently figured out how to win its legal battles against aggrieved tea party groups: Give them what they wanted in the first place — tax-exempt status.

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Rep. Jim Jordan (R-Ohio) stated: “You get targeted and harassed for three years but, oh, because you finally get [tax-exempt status], the three years of harassment doesn’t mean anything? find that argument lacking tremendously in light of what these people went through.”

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