Image 01 Image 03

November 2018

U.S. District Judge Mark Walker upheld Florida law that "forbids county election offices from counting vote-by-mail ballots received after 7 p.m. Election Day." This was the last best hope for Democrats after suffering several setbacks in recent days, including Florida Governor Rick Scott gaining over 800 votes in the mandatory recount, yet as of this writing Nelson has yet to concede.

This “Case of the Week” involves a conviction and sentencing out of Texas this past week, in which Terry Thompson was sentenced to 25 years in prison as a result of his use of a BJJ-style choke hold that caused the death John Hernandez in May 2017, as reported this week by KTRK (ABC) Television News. I also previously covered this case right here at Legal Insurrection: “Law of Self Defense: Murder re-trial for man who confronted public urination.”

Friday, Georgia Democrat candidate for Governor Stacy Abrams acknowledged that she had not and would not win, but refused to concede. Similar to her election night speech, Abrams criticized Kemp and claimed he is "leveraging his role as the state’s top elections official to suppress voters," according to the AJC.

On Wednesday night, a man in Baltimore shouted, "Heil Hitler, Heil Trump" during a production of Fiddler on the Roof. When reports came out, outlets like Mediaite and The New York Post referred to the man as a President Donald Trump supporter. I scoured previous reports and most of them buried this simple fact: The drunk man hates Trump.

Sen. Chuck Grassley (R-IA) has decided to leave the Senate Judiciary Committee, which he chaired, to lead the Senate Finance Committee. From Politico:
“The economy is better than it’s been in years and there’s a sense of optimism about the future of our country that people haven’t felt in a long time thanks to the pro-growth policies of a Republican President and a Republican majority in Congress,” Grassley said. “Looking ahead, at the Finance Committee, I want to continue to work to make sure that as many Americans as possible get to experience this good economy for themselves."

British Prime Minister Theresa May remains on shaky grounds after two cabinet members resigned a day after she announced that the cabinet backed her proposal on Brexit. She has now lost a total of 12 cabinet members in the last year. From CBS News:
Dominic Raab, the second of May's Brexit secretaries to quit the role in as many years, said the draft agreement reached with Brussels would effectively leave Britain beholden to the rules and regulations of the European Union and even give the EU the power to stop the U.K. from extricating itself down the road. He said he could not "in good conscious support the terms" of the deal he helped to craft.

Judge Timothy J. Kelly, a Trump appointee, has just ruled on the motion of Jim Acosta and CNN for a temporary restraining order restoring Acosta's White House “hard pass”. Based on reports from reporters in the media room, it appears that the Judge ruled that while the White House doesn't have to allow any reporters into the White House, by setting up a credentialing process it owes people like Acosta due process, and that it confers a First Amendment interest entitled to protection. The Court appears to have ruled that Acosta's First Amendment rights supercede the White House interest in orderly press conferences, and that Acosta was not given due process in the revocation process.

The Judge will rule today on the motion for a temporary restraining order filed by Jim Acosta and CNN. While most of the media supports Acosta, One American News Network filed late on November 15, 2018, for permission to file an amicus brief (pdf.) (full embed at bottom of post) opposing the motion.

Georgia's Democrat governor candidate Stacey Abrams' campaign has started to prepare to push for a new election for the governor's race. The campaign's argument in court "would be that as many as 18,000 voters could have been disenfranchised." From the Associated Press:
The Democrat’s longshot strategy relies on a statute that’s never been used in such a high-stakes contest. It is being discussed as Georgia elections officials appear to be on the cusp of certifying Republican Brian Kemp as the winner of a bitterly fought campaign that’s been marred by charges of electoral malfeasance.