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51 comments
1
Joe Bacon ✅  Oct 4, 2023 • 6:31:39pm

Ah a day without Trump getting smacked down in a court is like a day without sunshine!

Trump just had another bad day before a skeptical appeals court:

A federal appeals court just heard Trump’s argument that he has a constitutional right to be on Twitter — and it didn’t appear to go well, according to Politico.

politico.com

A federal appeals court panel sounded skeptical Wednesday about reviving former President Donald Trump’s lawsuit over being banned from Twitter two years ago.

A three-judge panel of the 9th Circuit Court of Appeals heard Trump’s lawyer contend that Twitter, now known as X, acted at the behest of members of Congress and other U.S. government officials when it deplatformed Trump in January 2021, shortly after thousands of his supporters stormed the Capitol. The company said at the time that Trump’s tweets — including one in which he declared he would not be attending Joe Biden’s inauguration — were “highly likely” to incite further violence.

Twitter’s action on Jan. 8, 2021, came after some lawmakers called on social media companies to permanently ban Trump from their platforms. Trump’s lawyers allege that the ban violated Trump’s freedom of speech under the First Amendment because Twitter was responding to government pressure.

But two of the three appeals judges suggested that the calls from about a half dozen House members and senators were not enough to plausibly threaten the companies with legal consequences.

“That’s a very, very small group of Congress,” Judge Mark Bennett said. “Why do statements from, let’s say, four senators at a committee hearing all of a sudden commit all of the power of the federal government to create state action here? … I don’t know of any case that stands for that proposition.”

The new owner of X, Elon Musk, reinstated Trump on the platform in November 2022. He has posted just once since then. Meanwhile, he has continued his legal crusade against the company. That crusade is now being helmed by a libertarian attorney once considered one of the leading legal intellectuals of his generation: former 9th Circuit Chief Judge Alex Kozinski.

Kozinski, an appointee of President Ronald Reagan, retired abruptly under a cloud in 2017 amid reports that he acted inappropriately toward law clerks and other female colleagues, making sexual comments and in some instances groping, kissing or hugging them. Kozinski denied many of the allegations, but also apologized for making his clerks feel uncomfortable.

As the Trump case was argued Wednesday in the Pasadena, Calif., courthouse he once presided over, there was no public mention of Kozinski’s more than three decades on the court or his unceremonious exit. The judges hardly seemed deferential. The only member of the panel who served with Kozinski, Judge Jay Bybee, referred to his former colleague simply as “counsel.”

2
Captain Ron  Oct 4, 2023 • 6:33:03pm
3
Charles Johnson  Oct 4, 2023 • 6:36:03pm

Victor Davis Hanson. Gah.

4
Charles Johnson  Oct 4, 2023 • 6:43:04pm

Gah, I say. Gah.

5
jaunte  Oct 4, 2023 • 6:45:25pm

Hanson should know Trump’s phalanges are too short to function as hoplite formations.

6
wrenchwench  Oct 4, 2023 • 6:47:15pm

McHenry’s gavel action was scary.

7
Charles Johnson  Oct 4, 2023 • 6:48:50pm

Why am I getting so much spam email about chainsaws? Is there really some kind of huge market for chainsaws now?

8
Vicious Babushka  Oct 4, 2023 • 6:49:38pm

Onle Skum is going to burn it to the ground first.

Mastodon

9
Anymouse 🌹🏡😷  Oct 4, 2023 • 6:50:00pm

Two threads ago:
re: #63 Dangerman

He proved he can’t handle “fake” ammunition. (yes I know)
He demonstrated he cannot control a weapon
He should not be allowed to possess a “real” gun or ammo.

He shouldn’t be allowed to possess a grandson, either. /s

10
Charles Johnson  Oct 4, 2023 • 6:51:13pm

HOMEOWNERS ARE RAVING

11
jaunte  Oct 4, 2023 • 6:54:49pm

Please don’t use a chainsaw to trim your hedges.

12
Captain Ron  Oct 4, 2023 • 6:58:28pm

Power went out for a couple minutes, all the neighbors were in their front yard checking with each other.

13
darthstar  Oct 4, 2023 • 6:59:42pm

re: #7 Charles Johnson

Why am I getting so much spam email about chainsaws? Is there really some kind of huge market for chainsaws now?

[Embedded content]

I was gifted an electric carving knife with a plastic chainsaw body around it. Came out to Thanksgiving once to carve the turkey with it wearing a Jason hockey mask from Friday the 13th. Cut two breast slices then unplugged it and tossed it on the counter and grabbed my regular carving knife.

14
jaunte  Oct 4, 2023 • 7:02:41pm
15
wrenchwench  Oct 4, 2023 • 7:04:00pm

re: #11 jaunte

Please don’t use a chainsaw to trim your hedges.

The guy who does the ‘landscaping’ around this place uses a weed whacker for anything he can’t get with the stand-up-ride-em-mower.

16
Belafon  Oct 4, 2023 • 7:06:32pm

Yay, we’re finally getting some rain here. We’ve got a thunderstorm going.

17
Belafon  Oct 4, 2023 • 7:07:21pm

re: #11 jaunte

Please don’t use a chainsaw to trim your hedges.

You’ll only have to do it once.

18
austin_blue  Oct 4, 2023 • 7:09:13pm

Let us all pray for Belafon and his family:

radar.weather.gov

That is some nasty shit moving through DFW!

19
Anymouse 🌹🏡😷  Oct 4, 2023 • 7:11:04pm

re: #27 austin_blue

We hit 98. Oof.

The high here was 70°F (21°C). Right now it’s 50°F (10°C).

20
austin_blue  Oct 4, 2023 • 7:12:06pm

re: #18 austin_blue

Let us all pray for Belafon and his family:

radar.weather.gov

That is some nasty shit moving through DFW!

That’ll be us at six tomorrow morning. 2-3” of rain expected. About damned time.

21
Lancelot Link Returns!  Oct 4, 2023 • 7:14:06pm

re: #7 Charles Johnson

Actually, i could use one of those; we have some trees that are egregiously overgrown.

22
Anymouse 🌹🏡😷  Oct 4, 2023 • 7:16:03pm

In the Atlantic, a Tropical Storm Warning is now in effect for Bermuda as Philippe is expected to drift east of north and pass over or near the island.

By midnight or so Saturday, the storm is expected to be downgraded to a post-tropical storm and slam into Maine. By the end of the forecast period, it will still be a post-tropical storm near Labrador.

nhc.noaa.gov

KEY MESSAGES:

1. Tropical storm conditions are expected on Bermuda beginning
early Friday morning, and a Tropical Storm Warning is now in effect.
Heavy rainfall will begin to affect the island on Thursday.

2. Philippe is likely to move over portions of Atlantic Canada and
eastern New England, likely as a post-tropical cyclone, this
weekend. Regardless of Philippe’s intensity or structure, interests
in those areas should monitor the storm’s progress and be prepared
for the possibility of strong winds and heavy rainfall.

23
Belafon  Oct 4, 2023 • 7:16:54pm

re: #20 austin_blue

That’ll be us at six tomorrow morning. 2-3” of rain expected. About damned time.

Anyone not rejoicing at the rain, though I can understand complaining about the wind, is nuts.

24
austin_blue  Oct 4, 2023 • 7:18:46pm

re: #23 Belafon

Anyone not rejoicing at the rain, though I can understand complaining about the wind, is nuts.

No shit. Around 6 AM I expect to be awakened by the soil cracks slamming shut in my yard!

25
Belafon  Oct 4, 2023 • 7:29:05pm

re: #24 austin_blue

No shit. Around 6 AM I expect to be awakened by the soil cracks slamming shut in my yard!

I’ve put up the pictures of how I decorate for Halloween and Christmas themed after Nightmare Before Christmas. My dad build a mountain with a giant moon behind it that we put near the house. We use a long piece of rebar and a 6 foot u-post to keep it in place, both of which we drive into the ground. We have gotten so little rain since we took the whole thing down in January that when we put them up last weekend, the holes they were in were still mostly open.

26
Dave In Austin  Oct 4, 2023 • 7:33:56pm

re: #6 wrenchwench

McHenry’s gavel action was scary.

27
austin_blue  Oct 4, 2023 • 7:36:24pm

re: #25 Belafon

I’ve put up the pictures of how I decorate for Halloween and Christmas themed after Nightmare Before Christmas. My dad build a mountain with a giant moon behind it that we put near the house. We use a long piece of rebar and a 6 foot u-post to keep it in place, both of which we drive into the ground. We have gotten so little rain since we took the whole thing down in January that when we put them up last weekend, the holes they were in were still mostly open.

Yup, sounds about right. We had a fair amount of rain Jan -> May but it’s been disastrous since since mid-June.

Come on squall line!

28
darthstar  Oct 4, 2023 • 7:36:41pm
29
Belafon  Oct 4, 2023 • 7:41:14pm

And we just lost power.

30
Anymouse 🌹🏡😷  Oct 4, 2023 • 7:41:29pm

re: #5 jaunte

Hanson should know Trump’s phalanges are too short to function as hoplite formations.

So I don’t know who this guy is, so I went and looked him up.

He is another in a long line of so-called independents who’s actually a neo-con and a racist. No wonder he supported the Iraq War and Donald Trump.

31
Anymouse 🌹🏡😷  Oct 4, 2023 • 7:41:57pm

re: #29 Belafon

And we just lost power.

ERCOT for the win!

32
austin_blue  Oct 4, 2023 • 7:43:33pm

re: #29 Belafon

And we just lost power.

Boom goes the dynamite in Texas weather.

33
austin_blue  Oct 4, 2023 • 7:47:21pm

re: #31 Anymouse 🌹🏡😷

ERCOT for the win!

ERCOT is Macro. A suburb of Dallas losing power is Micro.

34
Dave In Austin  Oct 4, 2023 • 7:48:36pm

Not sure why I bother to try to sleep tonight. As soon as that weather hits….. Coffees on.

35
A Three Hour Tour  Oct 4, 2023 • 7:49:11pm

re: #30 Anymouse 🌹🏡😷

So I don’t know who this guy is, so I went and looked him up.

He is another in a long line of so-called independents who’s actually a neo-con and a racist. No wonder he supported the Iraq War and Donald Trump.

Pajamas Media Patron Saint of Military History.
And a name I’ve not encountered in a long time.

36
Anymouse 🌹🏡😷  Oct 4, 2023 • 7:49:13pm

Mr. Charles Pierce in Esquire on October 4, 2023

There Are Some Real Wingnuts Wearing The Collar These Days

“Conservative American Catholics have their vestments in a bunch over Pope Francis’s stance on just about everything.”

Amongst other things, he details a priest in Wisconsin who called for Pope Francis to be killed.

37
austin_blue  Oct 4, 2023 • 7:51:34pm

re: #34 Dave In Austin

Not sure why I bother to try to sleep tonight. As soon as that weather hits….. Coffees on.

Four hours out. Sleep now?

38
A Three Hour Tour  Oct 4, 2023 • 7:52:07pm

re: #36 Anymouse 🌹🏡😷

Mr. Charles Pierce in Esquire on October 4, 2023

There Are Some Real Wingnuts Wearing The Collar These Days

“Conservative American Catholics have their vestments in a bunch over Pope Francis’s stance on just about everything.”

Amongst other things, he details a priest in Wisconsin who called for Pope Francis to be killed.

Ratzinger’s long game of purging liberal Catholics from seminaries and universities in the eighties pays dividends.

39
Dave In Austin  Oct 4, 2023 • 7:53:45pm

re: #37 austin_blue

Going thru the motions.

40
silverdolphin  Oct 4, 2023 • 7:56:26pm

FBI whistleblower tells Congress superiors suspiciously “suppressed” investigation of Trump allies

Gonna be great discovery for Guiliani’s lawsuit against Biden for defamation. The truth is an absolute defense.

41
Joe Bacon ✅  Oct 4, 2023 • 7:58:19pm

Trump lawyer tries to get Georgia indictment tossed based on clerical error

Ken Chesebro, a Donald Trump attorney charged along with the former president in the Georgia election racketeering case, has filed a long shot motion to dismiss his indictment, reported ABC News on Wednesday — based on a clerical technicality.

“In a filing Wednesday, his attorney alleged that Fulton County special prosecutor Nathan Wade, who was brought in by the district attorney to help investigate the case, didn’t file the oath of office required to join the DA’s team,” reported Olivia Rubin. “The motion alleges that Wade filled out the oath of office paperwork, but did not file it as required by law until just last week — an error that Chesebro says makes Wade’s work ‘void as a matter of law.’”

“Nathan Wade, who has and continues to serve as lead counsel in this case — including during the presentment of the case to the criminal grand jury and at the time the underlying indictment was returned — was not an authorized public officer by Georgia law,” said the filing.

Chesebro was allegedly the author of a secret memo outlining a strategy to overturn the 2020 presidential election, which even he acknowledged was not actually legal.

Former Georgia prosecutor Chris Timmons told ABC that this motion is unlikely to go anywhere. “If he was not sworn in, at worst it’s embarrassing for the Fulton County DA’s office but it would not affect the case,” said Timmons. “The Georgia Supreme Court has held unanimously that the presence at the grand jury of individuals who are not sworn assistant district attorneys will not vitiate an otherwise valid indictment.”

Last month, a judge in Georgia ruled that Chesebro, along with pro-Trump attorney Sidney Powell, must be tried separately from the former president and the other 16 co-defendants in the case, due to Georgia’s speedy trial rights.

rawstory.com

42
mmmirele  Oct 4, 2023 • 8:00:06pm

re: #38 A Three Hour Tour

Ratzinger’s long game of purging liberal Catholics from seminaries and universities in the eighties pays dividends.

Yeah, one of my ex-boyfriends went from being a frequent (more than weekly) Mass attender and strongly considering the priesthood to team teaching Sunday School at a LGBTQ+ friendly Methodist church. This congregation is staying with the UMC and not splitting off to join the “global methodists” who are splitting only because they hate LGBTQ+ people.

43
austin_blue  Oct 4, 2023 • 8:00:40pm

re: #38 A Three Hour Tour

Ratzinger’s long game of purging liberal Catholics from seminaries and universities in the eighties pays dividendsm

What did they think was going to happen? You replace an Opus Dei whackadoodle with a Jesuit and you think it’ll be a smooth transition? Did you learn nothing after Vatican 2 when the counterforce decided to ban contraceptives after John 23 died?

Catholics are always at war internally. I know, it’s why I’m an ex-Catholic. It’s not a religion, it’s a government.

44
Belafon  Oct 4, 2023 • 8:04:15pm

re: #43 austin_blue

What did they think was going to happen? You replace an Opus Dei whackadoodle with a Jesuit and you think it’ll be a smooth transition? Did you learn nothing after Vatican 2 when the counterforce decided to ban contraceptives after John 23 died?

Catholics are always at war internally. I know, it’s why I’m an ex-Catholic. It’s not a religion, it’s a government.

I like that, in Doctor Who, in the future they would become a Space military.

45
Joe Bacon ✅  Oct 4, 2023 • 8:05:42pm

One of those days I need to watch one of my favorite movies and chuckle

George C Scott and Michael Sarazin in

THE FLIM-FLAM MAN

The Flim-Flam Man | Film 1967 - George C. Scott, Sue Lyon /Action, Comedy, Roadmovie

46
Belafon  Oct 4, 2023 • 8:06:49pm

re: #29 Belafon

And we just lost power.

Just came back on.

47
darthstar  Oct 4, 2023 • 8:07:23pm

This is a great take down of a Russian propagandist.

Mastodon

48
Dangerman  Oct 4, 2023 • 8:09:30pm

“apprehended”
Reading comprehension is your friend

49
🐈 Crush White Nationalism 🐈  Oct 4, 2023 • 8:10:11pm

That is how fascism works.

“Betsy says, Charlie, we see through you now,” he read. “You’re just like the RINOs. Quit calling yourself a conservative. You are a fake.”

“I’m not taking it personally,” Kirk said. “But at some point, you have to wonder. You got to ask yourself the question, is, like, everyone going to be cast off the island?”

Another listener praised Rep. Matt Gaetz (R-FL), author of the motion to “Vacate the Chair,” and said he wanted to “burn it all down.”

“Honestly, burn it all down sounds like Antifa,” Kirk opined. “That doesn’t sound like a conservative position, but maybe the new conservative movement is just legislative arson.”

After a commercial break, one message suggested violence against Kirk.

Charlie Kirk Gets On-Air Threats For Questioning McCarthy’s Removal (C&L)

50
Joe Bacon ✅  Oct 4, 2023 • 8:16:06pm

Put $2 in the pot and didn’t get a single number…

51
sagehen  Oct 4, 2023 • 8:36:41pm

re: #36 Anymouse 🌹🏡😷

Mr. Charles Pierce in Esquire on October 4, 2023

There Are Some Real Wingnuts Wearing The Collar These Days

“Conservative American Catholics have their vestments in a bunch over Pope Francis’s stance on just about everything.”

um… weren’t they supposed to think the Pope was infallible?


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