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“Glory to God in the highest heaven, and on earth peace to those on whom his favor rests.”
- Luke 2:14
Nolte: ‘Melania’ Has Already Out-Grossed Five 2025 Oscar Nominees
In just one weekend, Melania’s $7 million, three-day weekend haul has already out-grossed the entire domestic run of five 2025 movies nominated for this year’s Academy Awards.
The post Nolte: ‘Melania’ Has Already Out-Grossed Five 2025 Oscar Nominees appeared first on Breitbart.
Trump Launching Massive Stockpile To Break China’s Critical Mineral Chokehold
Maryland: Gun Bills in Committee This Week
INGERSOLL: Can The Public School Children Participating In ‘ICE Out’ Protests Even Read?
Detransitioner Wins Multi-Million Dollar Medical Malpractice Case That Could Lead to the End of So-Called 'Gender Affirming Care'
When Fox Varian thought she was a boy, the answer a psychologist and surgeon gave her was a double mastectomy. Now, years later, she made history by winning a $2 […]
The post Detransitioner Wins Multi-Million Dollar Medical Malpractice Case That Could Lead to the End of So-Called 'Gender Affirming Care' appeared first on The Western Journal.
EXCLUSIVE: Documents Show Biden Admin Interaction With Trump Elector Probes
The Biden administration’s Justice Department interacted with Democrat state attorney general’s offices that prosecuted or considered prosecuting 2020 alternate electors, according to public record responses.
These contingent electors were in place to back Donald Trump if any of his election challenges were sustained in states that Joe Biden won.
In November, Trump pardoned the alternate electors among more than 70 people involved in challenging the 2020 election. However, Democrat state attorneys general from Arizona, Michigan, Nevada, and Wisconsin vowed to continue their state prosecutions of the electors.
Presidential pardons are generally for federal charges. However, defendants have argued the federal government effectively outsourced the prosecution regarding a federal election. Charges in each state against alternate electors involve forgery, impersonating a public official, and attempting to file false documents.
In December, former special counsel Jack Smith, who charged Trump with conspiracy in the election case, told the House Judiciary Committee in a closed-door deposition that he didn’t talk to state attorneys general, but his staff may have.
What Documents Show
Documents obtained by The Daily Signal through public records requests show interaction between the federal and state prosecutors on these cases.
On Jan. 7, 2022, Tim O’Shea of the U.S. Attorney’s Office for the Western District of Wisconsin assured Wisconsin Deputy Attorney General Eric J. Wilson that federal prosecutors did not plan to pursue a case against the contingent Trump electors in Wisconsin.
“The attorney I spoke with confirmed with his supervisor that no federal investigation existed into the persons who held themselves out as Wisconsin electors as described in the attached complaint,” O’Shea wrote Wilson in what appears to be a response to a question.
The Wisconsin Department of Justice did not provide the attached complaint referenced in the email. A department spokesperson did not respond to inquiries for comment last week or early Monday.
Jim Troupis, a former state judge and Republican lawyer in Wisconsin who was charged for advising the alternate electors, said it’s “utterly inconceivable” that the state and federal government did not collaborate on the case.
“Jack Smith’s report shows his team came into Milwaukee and interviewed dozens of people and collected evidence,” Troupis told The Daily Signal.
Troupis said his defense has sought multiple documents from both Democrat Attorney General Josh Kaul’s office and Gov. Tony Evers’ office regarding the state’s coordination with the federal government.
New Mexico Attorney General Raul Torrez ultimately decided against bringing charges against contingent electors in his state.
However, Gregory Buhl, a special agent for the Special Investigations Division in the Office of the New Mexico Attorney General, wrote a letter to Smith on Sep. 7, 2023, seeking details.
“Our office requests certified copies of all documentation and evidence related to possible criminal acts committed in the state of New Mexico in regard to the attempt to overturn the Presidential Election conducted in 2020,” the Buhl letter to Smith said.
A Torrez spokesperson did not respond to inquiries for this story last week or this week.
The office of Nevada Attorney General Aaron Ford acknowledged the existence of the documents but declined to release the records.
The Daily Signal asked for, “correspondence to and from the Nevada Office of Attorney General and the U.S. Department of Justice and/or the office of Special Counsel Jack Smith” regarding the Nevada alternate electors.
“The OAG has identified records that may not be released because the requested records are part of an ongoing criminal proceeding,” the response said.
“Under these circumstances, the OAG must balance the interests of all affected individuals. Because the records are directly relevant to the anticipated criminal proceeding and many will be introduced as evidence, the OAG has concluded that release, at this time, will undermine the constitutional guarantees of a fair trial.”
A Ford spokesperson did not respond to inquiries for this story last week or early Monday.
Cleta Mitchell, chair of the Election Integrity Network, said the Trump Justice Department should file a statement of interest in the state cases against the Trump electors and “insist that the pardons be effectuated for the reason that they were brought in the first place at the behest of the Biden Department of Justice.”
“Obviously, the ‘state’ prosecutions were mere proxies for the Biden Department of Justice as part of the massive strategy to prosecute President Trump, his supporters, attorneys, and electors,” Mitchell told The Daily Signal in an email statement.
Jack Smith: ‘Can’t Say That Didn’t Happen’
During Smith’s Dec. 17 deposition, House Judiciary Chairman Jim Jordan, R-Ohio, told Smith, “There’s an allegation made that your office was coordinating with state attorney general’s offices to have prosecutions go on … in the states. Would you say that that did not happen and that would be false if somebody made that allegation?”
“We were not trying to coordinate prosecutions with other offices, no,” Smith replied, according to the transcript.
Jordan followed, “And you were not trying to encourage prosecutions at the state level?
Smith replied, “I don’t recall anything like that.”
Upon further questioning about the Wisconsin attorney general, Smith said, “We may have got inquiries from their office, and it could be by phone or by a letter. I can’t say that didn’t happen.”
Smith later added in answers, “I don’t recall us sharing information,” and added, “the number of times an office may have reached out to us and how we replied to that, I really don’t have a recollection of those sort of subjects.”
The post EXCLUSIVE: Documents Show Biden Admin Interaction With Trump Elector Probes appeared first on The Daily Signal.
Going Beyond “You’re Fired!”
R.J. Pestritto is right that the removal fight matters. If the president cannot fire executive subordinates, it becomes difficult to see how he can “take Care that the Laws be faithfully executed.” But Pestritto also says near the end of his essay that removal is only a first step, and he cautions against merely substituting judicial power for administrative power. That’s the point I want to pull forward here: restoring presidential control over the executive branch alone does not cure an unconstitutional delegation and a fusion of powers. We need to address the fact that most of the administrative state has no constitutional warrant—and also that restoring such awesome power to the president absent greater reforms might in fact do more harm than good.
The Trump Administration is asking the Supreme Court to overturn its decision in Humphrey’s Executor v. United States (1935), which held that Congress could limit the president’s power to remove members of “independent regulatory commissions.” In that case it was the Federal Trade Commission, but the principle has been applied to others like the National Labor Relations Board, the Equal Employment Opportunity Commission, the Federal Communications Commission, and, biggest of all, the Federal Reserve.
Trump is asserting what has come to be called the unitary executive theory. Its proponents (let’s call them the unitarians) emphasize that the Constitution says that “the executive Power shall be vested in a President of the United States.” It does not say “some executive power” or that executive power shall be vested in “a president and whomever else Congress chooses to vest it.” If the president is to meet his constitutional duty to “take Care that the Laws be faithfully executed,” he needs to be able to hold his subordinates accountable.
Apart from a few Civil War-era anomalies, the president’s plenary removal power prevailed from the first Congress until 1887, when Congress created the Interstate Commerce Commission, which is usually seen as the first independent agency. Congress created many more of these, especially the “alphabet soup” agencies of the New Deal (the AAA, PWA, WPA, and CCC; just about any three-letter combination will yield a federal agency). After the Court sustained its independence in Humphrey’s Executor, President Franklin D. Roosevelt’s Committee on Administrative Management in 1937 called for an end to “a headless fourth branch of government, a haphazard deposit of irresponsible power. They do violence to the basic theory of the American Constitution that there should be three major branches of government and only three.” Unitarianism joined Trinitarianism in orthodox constitutionalism.
The Court should overrule Humphrey’s Executor and restore the unitary executive. But that’s not enough. The more important constitutional point is that Congress has no power to create these agencies in the first place. Even if under presidential control, they still violate the Constitution’s separation-of-powers principle. That was a point made by none other than the author of Humphrey’s Executor, Justice George Sutherland. As a senator in 1914, Sutherland said that Congress could not confer legislative and judicial powers upon the FTC, calling the act “utterly void.” Many other senators saw the same problem, as did many conscientious congressmen who considered the Interstate Commerce Commission. As James Madison put it in Federalist 47, “[T]he accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.”
More recently, administrative law professor Gary Lawson described the fusion of powers in the bureaucratic state:
Consider the typical enforcement activities of a typical federal agency, for example, of the Federal Trade Commission. The Commission promulgates substantive rules of conduct. The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated. If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission. If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission. This Commission adjudication can either take place before the full Commission or before a semi-autonomous Commission administrative law judge. If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission. If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters of fact and of law.
In Humphrey’s Executor in 1935, however, Sutherland wrote the unanimous opinion that insulated the independent regulatory commissioners from presidential removal. He opined that the commission was not an executive agency under the president. Rather, it exercised what Sutherland now called “quasi-legislative” and “quasi-judicial” powers. It is hard to explain why Justice Sutherland saved the commission that Senator Sutherland had called “utterly void” 20 years earlier.
He has been accused of wanting to spite FDR and thwart his ability to control the new administrative state. Liberals in 1935 favored the unitary executive when the executive was one of theirs. Today they dread it because the executive is Donald Trump. Progressives cheered the growth of presidential power for decades, but when Richard Nixon became president they shrieked about “the imperial presidency.”
It may also be that Sutherland trusted the courts to keep the agencies within constitutional bounds. The Court, which Sutherland joined in 1922, did exactly this to the FTC in the 1920s, and threatened to do the same to the New Deal agencies in the 1930s. Ironically, Humphrey’s Executor, among other decisions, so enraged FDR that he concocted his plan to pack the Court in 1937. Congress became so alarmed at FDR’s assertion of executive power that it defeated not only the court-packing plan but also Roosevelt’s Committee on Administrative Management’s proposal for a unitary executive.
The removal question (who controls these agencies) is much less important than the question of what these agencies do. They are making and enforcing laws that the federal government has no constitutional power to make, which is equally true of non-independent agencies like the Departments of Agriculture, Education, and Health and Human Services. And the answer is not to shift the same unconstitutional power from administrators to judges under the banner of “review” while leaving the bureaucratic regime intact.
Congressional delegation of legislative power is bad enough—but it’s worse when Congress delegates power it does not possess in the first place. The regulation of labor-management relations, for example, belongs to the states, but Congress usurped this power when it created the National Labor Relations Board. The Court’s acceptance of the NLRB in 1937 was the real turning point in the constitutional revolution of the New Deal.
Restoring the unitary executive should be the first step toward restoring constitutional limits to federal power. Ultimately, we must put the genie back into the bottle of enumerated powers.
The post Going Beyond “You’re Fired!” appeared first on The American Mind.
'The Hunger Games' Star Billy Porter Attacks Nicki Minaj Over Trump Support: 'F**k Her'
Actor Billy Porter attacked rap megastar Nicki Minaj over her support for President Donald Trump, repeatedly declaring, "F**k her."
The post ‘The Hunger Games’ Star Billy Porter Attacks Nicki Minaj Over Trump Support: ‘F**k Her’ appeared first on Breitbart.
Authorities Suspect Crime in Disappearance of Savannah Guthrie's Mom
'Today' Anchor Savannah Guthrie's Mom Missing
Indiana: Firearm Preemption Enhancement Bill Advances to House Committee
Chris Cuomo Claims He’s Sorry For His Past Coverage
Pam Bondi: 2 More Arrests in Don Lemon Church Protest
Dr. Ben Carson to Newsmax: MAHA Agenda Gets 'A-Plus'
Senate GOP Can Fix Elections, Boost Trump, And Wreck Dems With The SAVE Act
A voter ID filibuster would be a 24/7 GOP campaign ad. 