A group of states is suing the Security Exchanges Commission (SEC), claiming the commission is overstepping its authority in regulating digital assets like cryptocurrencies — arguing that the SEC’s actions stifle state-level innovation and impose federal control without congressional approval.
Eighteen state attorneys general have joined the lawsuit, one of which is Texas Attorney General Ken Paxton, in addition to DeFi Education Fund, a nonpartisan research and advocacy group.
Along with naming the SEC directly in the complaint, it also lists SEC Chair Gary Gensler, among other officials.
The states want the court to stop the SEC from enforcing regulations and allow them to manage digital assets with their own laws.
“The SEC’s sweeping assertion of regulatory jurisdiction is untenable,” the suit states. “The digital assets implicated here are just that — assets, not investment contracts covered by federal securities laws.”
“They do not entail any traditional investment relationship, in which the investor invests capital and the promoter assumes an ongoing obligation to use that capital in a common enterprise to generate returns that the investor will share.”
The lawsuit goes on to explain that the laws defining what counts as an “investment contract” were written in a clear way, and past U.S. Supreme Court decisions support this definition. Because of this, the complaint asserts, the SEC does not have broad authority to regulate all digital asset transactions as if they were securities. The argument is that the SEC is overreaching beyond what these laws and past rulings allow.
The complaint, filed in Kentucky district court, is asking the court to declare that digital asset transactions are not considered securities if they don’t involve a promise to manage assets for profit. They also want the court to stop the SEC from forcing digital asset platforms to register as securities-related businesses if they don’t meet those conditions. Additionally, the states claim the SEC broke rules by not following proper procedures.
Snip.
While on the campaign trail, President-elect Donald Trump vowed to protect the blockchain industry, making a bevy of promises to crypto enthusiasts.
Trump took the stage at the Libertarian National Convention back in May, where he promised to stop “Joe Biden’s crusade to crush crypto.” In July he said he would “fire Gary Gensler” on day one of his new administration.
“No longer will your government sit by and watch as Bitcoin jobs and businesses flee to other countries, because America’s laws are too unclear and too tough and too angry and too stiff,” Trump said while delivering the keynote address at a Bitcoin conference. “We will keep each and every Bitcoin job in the United States of America, that’s what we’re going to be doing.”
Texas has become a major center of the crypto and Bitcoin industry in America. Sen. Ted Cruz (R-TX) is a vocal advocate for the emerging finance sector, and Gov. Greg Abbott signaled he will continue to be friendly to the crypto community, describing himself as a “crypto law proposal supporter.”
There’s a long-running debate about just what the hell cryptocurrencies are under federal law. Unlike other securities (say, a stock or bond), a unit of cryptocurrency is not a token that represents a tangible legal entity in the real world. It’s not a currency as traditionally understood, as it is not backed by specie or the power and authority of a government. It’s not a commodity, because what commodity can be moved across the world at the speed of light?
If it doesn’t actually fit the profile of anything that legislation has specified that the government regulates, then maybe, as Paxton et al assert, then the federal government shouldn’t regulate it. That would seem to be the proper constitutional interpretation under the Tenth Amendment.
While I’m still skeptical of the long-term usefulness of cryptocurrency (though with Bitcoin hovering around $90,000, I sure wish I had mined some back when it was easier to do), the Trump Administration is filled with very smart people who believe in Bitcoin and other cryptocurrencies. History teaches us that it’s best to let new technologies shake out without government interference, so let’s hope Paxton and company’s lawsuit succeeds.
If you’ve been reading this blog for any length of time, then you’ve probably run across the occasional Mark Felton video, most likely in a LinkSwarm. He usually covers interesting historical military tidbits, but here he veers into contemporary American territory to ask: What sort of gun does Donald Trump carry?
“Donald Trump was issued with one of the rarest gun licenses available in the United States: An unrestricted concealed carry handgun permit in New York City, well known for its very restrictive gun laws in comparison with many other parts of the US.”
“Trump was issued this very rare permit by the New York City Police Department, and it is usually only granted in New York City to retired police or federal law enforcement, or to a person whose need for such a permit is clearly demonstrated.”
“Very often these licenses also go to very wealthy and politically connected New Yorkers, and Trump has certainly been one of those for a very long time.”
“Did Trump prior to becoming president for the first time in 2016 actually conceal carry in the Big Apple?”
Trump: “The way I view it, if nobody has guns, then only the bad guys have them, and they aren’t giving up their guns.”
“He told an interviewer that he owns two handguns, one a .45 caliber Heckler and Koch semi-automatic, supposedly a USP, a German military service pistol made for the Bundeswehr and very popular worldwide.”
The USP carries 12 rounds and weighs “26.4 oz without the magazine.”
Felton suggests “the weapon is not easily concealed, however, and commentators have suggested that Trump’s USP is a nightstand gun.” Maybe, but if Trump purchased the gun in the 1990s, standard 1911s were considered an acceptable carry choice at the time because carry and ultracarry choices weren’t nearly as widely available as they are today.
“Trump, however, does own a weapon deliberately designed as a conceal carry piece: a Smith & Wesson 642 hammerless Airweight .38 Special, a five round revolver. It has a cylinder, and Trump uses .38 Special +P ammunition.”
“Due to having a fully enclosed hammer to prevent snagging on clothing, the 642 is double action only, with a fairly long trigger pull. It is a snubnose barrel, and can fit a variety of grips. Many off-duty NYPD officers carry the 640 or 642 as a conceal carry weapon, or as a backup gun, and it weighs around 22 1/2 oz, with the alloy version even lighter at just 15.8 oz.”
Felton’s search for evidence Trump actually carried the gun is inconclusive.
Here’s an interesting clip of Megyn Kelly interviewing Ashley Hayek about Trump’s ground game operation.
Ashley Hayek: “We are the sister organization to the America First Policy Institute, which is run by Brooke Rollins and Linda McMahon and Larry Kudlow and many of the other former Trump Administration officials, and we were launched in November of 2021. And we really were focused on a lot of state policies. So working in target states, advancing policy at the state level advancing Trump America First policies at the state level.”
AH: “We started talking to different organizations. We started looking at how we can grow with Hispanic voters and women voters and black Americans and parents.”
AH: “I worked on the Trump 2020 campaign. I was the coalition’s director. We had over 45 different coalitions. We had 650 advisory board members, and I knew the inroads that President Trump and his message could make. So to be able to continue that mission was absolutely critical.”
AH: “Lee Zeldin is on the board of America First Works. He was really a key, integral part of this, given that he ran for governor and got almost 50% of the vote in a state [New York] that had only 23% Republican registration.”
AH: “We had a meeting in January of 2024…there was only seven groups that had met, it was a pretty small group, and from that meeting we realized this has to be so much bigger. You look at the data, you look at the numbers, this is going to take all hands on deck. So there was about 50 organizations that met on April 3rd at the Willard Hotel, and we had a briefing from Kellyanne Conway on polling.”
AH: “One of the biggest gaps that we saw at American First Works was a ground game. And that was when we realized this was our opportunity to step up and help.”
Some thought targeting low propensity voters was a risky bet.
AH: “In 2016, Hillary Clinton said you know husbands told their wives how to vote. Well now we need to tell moms: You need to tell your husband to go vote, and that’s exactly what happened.”
AH: “Leading up to the election, the weekend before, the media was completely gaslighting conservatives and the public, saying that Harris had historic support from women. There was, at that point in the battleground states, 112,000 more Republican women women that had already voted and 500,000 no and low Democrat women that had not voted yet. That’s a 600,000 vote swing not in favor of Harris.”
AH: “She had a massive a massive disadvantage amongst women, and we saw that play out on election day.”
AH: “You can’t say what is a woman, you can’t force men into women’s bathrooms, you can’t make women feel unsafe and have illegal aliens kill young girls on a jog at her university and think women are going to show up for you.”
They didn’t change the message, but they did change who was delivering the message. AH: “We had the Frederick Douglas Foundation that reached out to Black Americans. We had 20 Arabic door knockers in Dearborn. These young men knocked on tens of thousands of doors in Dearborn, and I believe they’re part of the reason that Dearborn flipped was because they were taking the Trump policies and delivering it to their actual community.”
AH: “We sent text messages from Riley Gaines. We sent videos with Hunter Nation, another C4 organization of Ted Nugent to hunters and Second amendment people, so you had to have the right message, but overall the message was the same.”
Megyn Kelly: “My understanding is it took an average of about three text messages to these low propensity voters to convert them. I guess you got about 40% of the ones you targeted to the polls. So it was two texts on messages, and then the third text on ‘let’s go.'”
AH: “The cool thing about the text messaging program was we had a team of 50 volunteers who would actually reply to the text messages. So if you got a text message from Riley Gaines, for example, and you replied back and, I’ll be honest, sometimes they were just like ‘f you,’ we would say ‘Oh, I’m so sorry that we bothered you, but we just wanted to make sure you had your polling place.’ And they were blown away that there was someone on the other end that was actually reading the text messages, and from there we could have a conversation.”
AH: “The day after the election, we started sending text messages out again to every low and no propensity voter who’s Republican, Democrat and independent, saying ‘Welcome to the American First Movement. What do you want to see on day one of a new administration?’ Because now we’ve built these relationships, we have to expand our base.”
AH: “We went up with black Americans, Hispanic Americans women youth. This is our opportunity to make sure that people feel heard, and that we connect them with these policies and make this the most successful first 100 days of any Administration.”
The MAGA brand, far from being toxic, is now cool among young voters.
AH: “I have four daughters and I have one boy, and this election to me, I think like a lot of moms, was personal.”
This election seemed personal for a lot of people democrats thought they could safely ignore or bully into submission.
Trump keeps winning, Democrats are screwed, more “questionable” Democratic vote drops, a couple of disturbing deaths (only one TDS-related), and a Disney princess dines on shoe yet again. Plus: Satan!
There is a lot of wailing and gnashing of teeth among Democrats, following Donald Trump’s unexpected (by them) victory. How could this possibly have happened? is the question newspapers, television hosts, and Democratic pundits are asking.
It actually isn’t a hard question to answer. The Biden/Harris administration had an indefensible record, and Kamala Harris didn’t seriously try to defend it, absurdly presenting herself as the candidate of change, while at the same time unable to identify a single respect in which her administration would be different from Biden’s.
Voters were unhappy about inflation, about the economy in general, and about the border. The Democrats, having created these problems, had no solutions to offer. Instead, they tried to tell voters that their concerns were imaginary.
Also, Kamala herself was a lousy candidate.
But the reality is worse than that. As the dust settles, I think Democrats will realize they are in a deeper hole than they thought. It was no coincidence that Harris refused to say what her position was on a variety of issues, earning the title of the “no comment” candidate–something that must be unprecedented in presidential history. The problem wasn’t that Kamala was tongue-tied, the problem was that the Democrats no longer have a coherent policy agenda.
The one issue that Harris never refrained from talking about was abortion. That is, today, the Democrats’ signature–and arguably only–issue. Apart from a fervent devotion to abortion, up to the moment of birth and beyond, what do they stand for?
A few years ago, the energy in the Democratic Party was in its socialist wing. Several of its seemingly up-and-coming representatives were members of the Democratic Socialists of America, and Bernie Sanders is the grand old man of socialism. On one memorable occasion, Nancy Pelosi was unable to explain how a Democrat is different from a socialist.
But the bloom is off that rose. Socialism was never a serious alternative for America; it is a discredited ideology that has been rejected around the world. And socialism is not a plausible ideology for a party whose core demographic is people who earn over $200,000 a year.
The Democrats are the party of DEI and Kamala Harris was a DEI candidate, but DEI is widely unpopular. The United States has labored under affirmative action, of which DEI is the current iteration, for 50 years. But Americans don’t like race discrimination or sex discrimination, and they believe in merit. An unbroken history of polling, stretching back for decades, has found that race and sex discrimination in employment and education are unpopular. Despite the massive corporate, government and cultural pressure that has tried to force DEI on Americans, that remains true. DEI, now on its way out, can hardly be the basis for future Democratic campaigns.
Opening the borders and admitting millions of illegal immigrants has been the core policy priority of the Biden administration, as reflected in Biden’s day-one executive orders. But it was a policy prescription that Democrats were never able to openly articulate and defend. Thus, as the 2024 election approached they were reduced to making the absurd claim that “the Southern border is secure.” Open borders are deeply and correctly unpopular, and do not provide a platform on which any future Democrat can run, although no doubt we will see plenty of tearjerking stories about illegals who are being deported.
Etc. Democrats are on the loser side of pretty much every issue.
It’s confirmed that Trump won Arizona, completing his sweep of all swing states.
The most pro-Trump demographic in 2024 was…American Indians. Huh. Maybe they want jobs and oil and gas money more than “land grab statements” and changing the names of sports teams.
Just because Trump won an overwhelming victory doesn’t mean that Democratic Party vote fraud has stopped. “Bucks County Commissioners Vote to Count Illegal Ballots as Pennsylvania Senate Race Heads for Recount…”I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” Marseglia said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.” I didn’t get the outcome I wanted so I’m going to break the law is quite the legal strategy.
The Texas Democrat Party Chairman, Gilberto Hinojosa, has announced his resignation after a significant statewide electoral defeat in Tuesday’s election.
Hinojosa, a South Texas lawyer first elected to the role in 2012, has overseen a period marked by Democrat losses, particularly among Hispanic voters and in border counties.
Despite ongoing claims that Texas was on the verge of “turning blue” for over a decade, Democrats have failed to secure a statewide victory in 30 years. In Tuesday’s election, President Donald Trump won Texas by more than 13 points, including victories in 12 of the state’s 14 border counties. U.S. Sen. Ted Cruz also defeated his Democrat opponent by approximately nine points.
Speaking to KUT News on Wednesday, Hinojosa attributed the party’s loss partially to its focus on radical gender ideology. For example, during the party’s convention in June, delegates were addressed by a female drag queen (a woman dressed as a man dressed as a woman). When asked about “transgender rights,” he responded, “I think what the Democratic Party has to realize is that there’s some things that we can support and some things that we cannot. And when we’re pressed upon to take votes of these kinds, we need to be mindful of the long-term consequences of these choices.”
Of course, then he had to issue a groveling apology to the alphabet people. And that’s why you continue to lose…
Republicans select John Thune as the next majority leader, beating out John Cornyn and Trump pick Rick Scott (another Floridian), who came in a distant third. Senate’s gonna Senate.
Confirms an educated guess:
I VOTED TRUMP/MAHA/UNITY. I hope others will do the same.
For some reason, many people seem to think I’m not voting. For the record, that is NEVER my move. My typical approach is: “If you don’t have a candidate in this election, vote (as if) in the next one.” That usually means…
“The mayor of Jackson, Mississippi, Antar Lumumba, has been indicted on federal bribery charges. Also indicted: Aaron Banks, who is a councilman, and Jody Owens, the county DA…another city council member, Angelique Lee, pled guilty to “conspiracy to commit bribery” charges in August. I get the impression she hasn’t been sentenced yet, and I’m wondering if she’s now a ‘cooperating witness.'” I know you’ll be shocked to learn that Lumumba is a Democrat…
The wins keep coming. “Republicans Flip 23 Texas Appeals Court Seats. GOP judicial candidates won 25 of 26 contested courts of appeals races on Tuesday’s ballot.”
“Union Member in Austin Files Lawsuit Challenging Constitutionality of National Labor Relations Board. Dallas Mudd was prevented from holding a decertification election at his workplace.” Given recent Supreme Court rulings against the administrative state, this probably has a fair chance of success.
Major Nielsen ratings plunge at MSNBC since Trump won, practically every day since. Just one example – 10/30 Wednesday vs Fri 11/8 – Morning Joe 1st hour – down 39.6% Morning Joe 2d hour – down 36.9% Andrea Mitchell – down 39.7% Ari Melber – down 49.6% Joy Reid’s Reidout – down…
Speaking of Hollywood liberals who can’t help themselves, Rachel Zegler has, yet again, opened her mouth and inserted her foot, wishing hatred on Trump voters. There’s a brilliant strategy, alienating more than half the country in a fit of pique. Seriously, has any actress in all Hollywood history ever done more damage to a film’s prospects than Zegler has to the live-action Snow White reboot? Update: Disney forced her to apologize.
Costco recalls 80,000 pounds of butter because it doesn’t say it contains milk. They can’t define a woman or butter. Now enjoy a vaguely related Family Guy clip.
The wife of a well-known transgender writer has been charged with murdering her father with an ice axe the night of Donald Trump’s election to the presidency. She then allegedly shattered the windows of the $800,000 Rainier Valley, Washington, home in which she and her father lived in what she claimed was an “act of liberation,” according to charging documents.
Corey Burke, 33, who is married to transgender writer Samantha Leigh Allen, the author of “Real Queer America: LGBT Stories from Red States,” was discovered after the death of her father, Timothy Burke, 67 — who had health issues — “smiling and clapping covered in her loved one’s blood, cops said,” according to The New York Post, which added that Burke “allegedly confessed to investigators the next day that she killed her father with the ax and also by strangling him. She also admitted to biting her father while choking him, the docs alleged.”
Yikes. I guess a lesbian who married a guy pretending to be a woman isn’t the most stable person in the world…
Another disturbing death: “Man found dead in Planet Fitness tanning bed three DAYS after entering gym.”
“Three Activists Charged with Burning-Cross KKK Hoax to Benefit Black Mayoral Candidate.” “Derrick Bernard Jr. (aka Phoenixx Ugrilla), 35; Ashley Danielle Blackcloud, 40; and Deanna Crystal West (aka Vital Sweetz and Sage West), 38, are accused of conspiring to stage the phony hate crime and then alerting the media to prop up Mobolade’s ultimately successful campaign.” All this to support candidate Yemi Mobolade…who won.
“Hollywood Braces for a Woke Backlash in the Wake of Trump’s Election.”
“Liberal users are leaving X in a huff in the wake of President Trump’s 2024 election victory over the support of its owner, Elon Musk, for the President-elect and the platform’s right-ward shift.” Why yes, when you just lost an election in which every single demographic group and region moved away from you and toward the candidate you hate, then obviously the problem is that you just came in contact with too many dissenting voices and the solution is to retreat further into your own echo chamber where non-leftwing/non-SJW thought cannot penetrate. Brilliant!
“Documentary alleges 21,000 workers have died working on Saudi Vision 2030, which includes The Line,” AKA Neom. Now the Saudis are scumbags, and I wouldn’t put shockingly poor work conditions and covering up worker deaths past them, but those numbers are absolute bullshit, since that’s around four times as many as died during the entire period building the Panama Canal, and I’m pretty sure 21st century Saudi Arabia doesn’t have as big a problem with malaria as late 19th and early 20th century Panama.
“Democrats Denounce Satan As ‘Too Moderate.'” “Former House Speaker Nancy Pelosi reportedly confided in aides that Satan was being kind of a pest by continually asking Democrats to pretend to be sane just for a while so he could get some of them elected. ‘The nerve of that guy!'”
In his Joe Rogan interview, President Trump said that his biggest mistake from his first term came from appointing “disloyal” people to important positions based on advice from career Republican politicians. So naturally this time around he’s picking people based in large measure on personal loyalty to him. The result is a much better cabinet than his first, but not a perfect one. I’ll go through the top picks with quick reaction on each.
Secretary of State: Marco Rubio. Meh. Marco has always struck me as an intellectual lightweight. He will doubtless be a much better Secretary of State than Rex Tillerson, Trump’s first choice, as well as all Democratic secretaries of state back to at least Cyrus Vance (if not further), but in terms of actual ability I’m not sure he’s better than Trump’s second Secretary of State, Mike Pompeo. I would prefer someone like Victor Davis Hanson. Or even (dare I say it?) Rick Perry. This also starts the run of “Sure is a lot of people from Florida on this list.”
Secretary of Defense: Pete Hegseth. “Before joining Fox in 2014, Hegseth served as an Army National Guard captain in Afghanistan and Iraq and earned the Bronze Star medal for his service in the latter.” I don’t watch Fox (or network or cable news in general), so I wasn’t previously aware of him, but he wants to completely purge wokeness and DEI, so I’m firmly on Team Hegseth now.
Attorney General: Florida congressman Matt Gaetz. Boy, this one really has the left freaking out. As well it should. While I’m confident Gaetz has the steel to launch investigations of the Russian collusion hoax, the Trump assassination attempts, the lawfare waged against him, censorship efforts, January 6, etc., I worry that he hasn’t run a state attorney generals office, and thus won’t know how best to bring “resistance” staffers to heel. I suspect a seasoned Republican state attorney general like Ken Paxton might have been a better choice, but Texas conservatives won’t complain about getting to keep Paxton in his current job.
Secretary of the Department of Homeland Security: South Dakota governor Kristi Noem. Meh. I liked Noem back when she kept her state open during the Flu Manchu panic, but then she went off tranny pandering by vetoing a bill banning men from women’s sports she had promised to sign. She later made amends, but the initial pander of caving to radical social justice pressure makes me worry that she doesn’t have the necessary gumption for such an important job.
Department Of Government Efficiency: Elon Musk And Vivek Ramaswamy. Putting aside why this isn’t simply the Office of Management and Budget (maybe to staff a new department from the ground up without “resisters”), this one Trump hit out of the park. Both Musk and Ramaswamy are going to bring outsider energy from two guys who simply don’t care what the MSM and the DC chattering classes have to say about them. Ramaswamy is the ideological firebrand that won’t be diverted from the task, and Musk is the radical innovator who’s not afraid to to make rapid, radical changes. Every Republican President since Reagan has said they’re for a balanced budget, yet somehow the goal has eluded every single one of them. Trump did not pursue a budget cutting agenda in his first term, but having been targeted by multiple tentacles of the deep state leviathan, I’m pretty sure he’ll come in with a newfound zeal for chopping the federal government down to size. And Musk has a talent for both management and radical disruption, which the federal government badly needs.
Director of National Intelligence: Tulsi Gabbard. I’m skeptical this one works out. Tulsi is clearly sharp, and after this election she clearly needs some role in the Trump 2: The Venging administration. And she drive feminists crazy simply by standing there and looking pretty. But directing the national intelligence apparatus, especially one that will be institutionally hostile to reform from the git go, will take a very special, and very tough, director to fill that role, and I’m not sure Gabbard has the intestinal fortitude for the sort of brutal inter-agency knife-fighting necessary to defeat the Deep State. Very few men do, and even fewer women, and having served in the military isn’t sufficient to assure that. For a woman to succeed in this role, she’s going to need to fall somewhere on the Margaret Thatcher to Nancy Pelosi Iron Lady to Stone Cold Bitch spectrum, and I’m skeptical Tulsi meets that threshold. Maybe I’m wrong and she’ll suprise us all.
Robert K. Kennedy, Jr. to lead the Department of Health and Human Services. No. Like Tulsi, you have to give him some role, and he probably has some good points to make about over-medication, junk food additives, and how the pharmaceutical industry has misled the public (especially over Flu Manchu vaccines and side effects) and commits regulatory capture of the people who should be overseeing it, but he has too many fringe, scientifically supported ideas, and he seems to support ObamaCare. There’s still a chance this selection works out, assuming the Assistant Director is someone who can keep Kennedy’s worst impulses in check, and having him as the designated bad cop may force the medial industry get its shit together (and give up its push to mutilate children for funny, profit and virtue signaling brownie points entirely). Then there’s this via Instapundit:
God forbid we let RFK Jr. be in charge of HHS, otherwise he might do something crazy like fund experimental gain-of-function research in Chinese laboratories and cause a global pandemic
But this could still blow up in Trump’s face. Rand Paul would have been a much better pick here, assuming he could be persuaded to leave the senate.
Border Czar: Former ICE director Tom Homan. Yeah, he’s got the starch.
Let a thousand ten million deportations bloom.
So I find it a pretty mixed bag.
Athena Thorne notes that all those selected were unfairly targeted by the very agencies they’re being tasked to oversee, and that probably does provide powerful motivation, as well as insight on the types of abuse that need to be rooted out. I’m just not sure that’s sufficient…
All of Ken Paxton’s lawsuits against the federal government have offered the possibility of notable revelations, but this one has the potential to be extra spicy.
Texas sued the U.S. Department of Justice (DOJ) on Monday attempting to preserve all records pertaining to Special Counsel Jack Smith’s investigation into President-elect Donald Trump.
Texas Attorney General Ken Paxton filed a Freedom of Information Act (FOIA) complaint on November 8 requesting specific records from Smith’s investigation, including “all Communications from any current or former member of the Office of Special Counsel Jack Smith to any New York State governmental office since November 18, 2022,” as well as “documents memorializing the … final reasoning to request that a trial against President-elect Trump to start in January of 2024.”
Texas expressed concerns in court documents that the DOJ’s history with special counsels is “regrettably riddled with attempts to avoid transparency,” specifically referencing Special Counsel Robert Mueller’s infamous Crossfire Hurricane incident in 2020. Mueller’s team allegedly repeatedly wiped their phones after an investigation into the DOJ’s handling of a Federal Bureau of Investigation (FBI) probe into Trump’s purportedly unlawful links to Russia.
The suit filed on November 11 states that Paxton “fears that many releasable records — including those that he sought — will never see daylight. That is not because the DOJ has any legal reason to withhold them…”
“Rather, Attorney General Paxton has a well-founded belief as set forth herein that Defendants will simply destroy the records.”
Paxton states in the filing that since Trump won the election “it is clear that both Jack Smith’s office, and his prosecution of the President, will soon end.” The DOJ’s own policies do not permit bringing charges against a sitting President of the United States as it “would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
“I will not allow the corrupt weaponization of the United States government to be swept under the rug as Jack Smith and others who unjustly targeted President Trump attempt to avoid accountability,” Paxton said in a press release.
Texas’ suit was filed in the United States District Court Northern District of Texas, Amarillo Division.
Obviously I hope Paxton prevails and that Smith (and the entire Biden Administration)’s attempts to illegally wage lawfare against Trump to thwart the will of American voters gets exposed. However (and here we insert the usual I Am Not A Lawyer caveat), it appears that Paxton will have difficulty in establishing standing for the lawsuit to proceed. Trump is not a resident of Texas, and it may be difficult to establish that the State of Texas has suffered direct harm from Smith’s actions.
However, in this case I’m wondering if Paxton has filed the case on a timeline that either the Biden Administration doesn’t respond in time, or that the second Trump Administration can file the response, proving a mechanism by which the Trump Administration settles the lawsuit by releasing all requested documents that may otherwise be held up by claims of executive privilege, garden variety DOJ stonewalling, etc.
It’s an interesting gambit. We’ll see how it plays out…
Fallout from Trump’s decisive victory over the Obama Machine continues to land fast and heavy. So let’s do a roundup before the Friday LinkSwarm gets unwieldy.
Harris officially conceded. In a sane world, this would be the end of Democrats “we have to keep Trump out of office by any means necessary” efforts, but alas, the TDS-wrecked Democratic Party is far from sane…
“David McCormick Wins Pennsylvania Senate Seat, Ousting Longtime Incumbent Democrat Bob Casey.” Casey’s team says they still think they can win, so don’t put it past Pennsylvania Democrats to “discover” a whole bunch of “uncounted” ballots…
Tablet’s Park MacDougald calls Trump’s win a landslide.
For months now, they have been saying that mainstream pollsters and pundits predicting a Harris victory were full of it. They were right. The late Harris surge in the polls was a mirage. The stories that recently appeared in outlets such as Politico about massive last-minute swings to Harris among independents, Hispanics offended by a comic’s Puerto Rico joke, and educated women—all of it was bullshit, invented out of whole cloth by Harris campaign operatives and repeated by journalists such as Jonathan Martin as if it were fact. In the end, none of it was real. The election wasn’t even close.
How did Trump do it? We’ve seen some suggestive exit polls showing, for instance, Trump winning more than 40% of the Jewish vote in New York City; that sounds right, but we’d caution that exit polls are notoriously unreliable. County data, on the other hand, is rock-solid…
To put that in simple terms: Pretty much the entire country shifted toward Trump. That includes deep-blue strongholds. The New York Post reported Wednesday morning that Harris was leading New York by a little more than 11% with 95% of votes counted—the worst performance by a Democrat in the Empire State since Michael Dukakis in 1988. Trump cracked 30% in New York City—also the best performance by a Republican since 1988, driven by a 35% improvement in the Bronx relative to 2020 and improvements of 20% and 16.5% in Manhattan and Queens, respectively. Finally, Trump blew the doors off of several heavily minority counties across the country, flipping Florida’s Osceola County (home to a large Puerto Rican population) and Texas’s 97% Hispanic Starr County. He won the latter by nearly 16% after losing it by 5% to Biden—a 21-point swing in four years. It was, as Ryan Girdusky observed on X, the first time Starr County had voted for a Republican since 1892.
We’ve seen some talk of a “realignment election,” with the Republicans broadening their appeal among the multiracial working class while the Democrats become more entrenched in affluent white suburbs. We’ll have to wait for more detailed demographic breakdowns to say for sure, but what the above table suggests to us is something different: a “whole of society” (to borrow a term) rejection of Kamala Harris and her party. Punchbowl’s congressional reporter, Max Cohen, cited a Democratic House source this morning who summed up the result nicely: “This was a total and complete repudiation of the Democratic Party. People are not buying what we’re selling. Period.”
Now that we have the election results, it appears that the gender gap actually shrunk.
In 2020, President Joe Biden won women by a 15-point margin, 57% to 42%. This year, Vice President Kamala Harris won women by a much smaller 8-point, 53% to 45% margin.
But while the gap between men and women actually shrank this year, another gap widened. In 2020, married voters narrowly chose President Donald Trump by a 7-point, 53% to 46% margin. This year that margin grew to 13 points at 56% to 43%.
For all the talk of Trump’s problem with women, Trump actually won married women by three points, 51 to 48. To repeat, Trump won a majority of not just married white women, but a majority of all married women.
Trump also handily won married men 60-38 and he even eked out a victory among unmarried men 49-47. Where Trump got crushed was among unmarried women, who chose Harris (who didn’t get married until age 50, by the way) by a 60-38 margin.
Republicans trimmed the Democratic advantage in Harris County. Harris won Harris County by 5 points, but four years ago Biden won it by 12. Likewise, Ted Cruz lost Harris County (where he lives) by 9 points, but in 2018, the year of Betomania, he lost it by 17 points. As I keep reminding people, Harris County was a competitive Republican county not that long ago, and Bush43 won it in 2004.
The editor in chief of @sciam, Laura Helmuth, has increasingly pushed the publication to take ideological stances on scientific issues, such as gender medicine. Despite evidence that when Nature endorsed Joe Biden, this compromised readers’ trust, she had SciAm endorse Harris. https://t.co/QjyNP17wJw
Voters in the state [reversed] course after previously supporting a measure that lightened penalties for theft and otherwise gutted crime-control efforts in this state. California Proposition 36, also known as the “Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes” measure, passed with over 70% of the vote.
Proposition 36 would walk back much of the decade-old Proposition 47, turning some theft misdemeanors into felonies, requiring a warning about a possible murder charge for selling or providing drugs, and creating a new “treatment-mandated felony,” according to the nonpartisan Legislative Analyst’s Office.
…[T]he Family Business Association of California has called Proposition 47 “catastrophic” for the state, saying homelessness has gone up by 51% and smash-and-grab crimes have cost businesses nearly $9 billion a year. It says Proposition 36 will fix a loophole in Proposition 47 that allows thieves to take less than $950 in property from different stores and remain a misdemeanor.
Under Proposition 36, theft would be classified as a felony offense if the suspect has two or more past convictions for certain theft crimes, such as shoplifting, burglary and carjacking. The sentence would then be up to three years in county jail or state prison.
With 51 percent of the vote reported, Proposition 33—which would have repealed all state-level limitations on local rent control policies—is capturing the support of just 38 percent of voters. The New York Times is declaring the initiative done and dusted.
This is the third failed ballot initiative sponsored by the AIDS Healthcare Foundation (AHF) that would have loosened or repealed California’s state-level limits on rent control. Prop. 33 could also be the AHF’s last ballot initiative.
That’s thanks to the apparent (narrow, but not yet confirmed) victory for Proposition 34, which would effectively prevent AHF from spending money on political activism.
Prop. 34 requires beneficiaries of federal discount prescription drug programs to spend 98 percent of their revenue on direct patient care.
AHF benefits from just such a federal program that requires pharmaceutical companies to sell their drugs at discounted rates to hospitals and other organizations that primarily serve low-income patients. Those discount drug–buying organizations are then allowed to bill federal insurance programs like Medicare and Medicaid the standard reimbursement rates for those drugs.
The AHF has benefited handsomely from this program through its network of discount pharmacies serving AIDS patients. It has spent the proceeds on the heterodox pet causes of AHF President Michael Weinstein, which includes supporting rent control policies.
And the beat goes on. “Leftist Arrested for Threatening to Kill Trump and Conservative Christians if Trump Wins.” “Isaac Sissel, a 25-year-old from Ann Arbor, Michigan, has been charged by the Department of Justice following an online threat of political violence.”
Rasmussen crows about getting things right, including trump winning the popular vote. “What you probably heard on the media, over and over again like a mantra, is that Donald Trump has a hard ceiling at 47%. No, he’s been at 49% this entire time. Turns out Kamala Harris is the one with the ceiling. And the reason that it came out that way is because all of their polls are bogus, they’re leftward leaning, they always show that Donald Trump has a favorability disadvantage.” Also:
This is the shill period right here. Boom! All of a sudden Trump dropped a point when Kamala Harris went in the race. It’s like everybody gave her a shove to get her over the starting line, and then they massively shift left. They shilled for Harris all fall, and then right at the end they decided ‘Well, it’s time to save our credibility,’ and Trump, look at that, all of a sudden Trump got this great momentum. Where’d it come from? Oh, he never lost it. This is all fake all here this whole period, and Trump was actually up in the national popular vote and nobody said sorry.
There were apparently no broken water pipes, no 3 AM ballot drops, no other shenanigans so widespread and outlandish that they were able to undo what amounts to a small red wave.
Donald Trump has finally won a Presidential election beyond the margin of fraud. Final polls had Trump winning in all the swing states, and it looks like he won all seven: Georgia, North Carolina, Pennsylvania, Wisconsin, Michigan, Arizona, and Nevada. Sometimes Minnesota was included in the list of swing states, but Harris did manage to hold onto that (so I guess the Walz pick did accomplish something). It even looks like Trump will handily win the symbolic popular vote, the first Republican to do so since George W. Bush in 2004.
Republicans have retaken control of the Senate, knocking off Democratic incumbents in Ohio and Montana, picking up West Virginia from the retiring Joe Manchin, will likely pick up Pennsylvania, and currently hold a razor-thin edge in Nevada. Unlike 2016 and 2020, this year Trump had some modest coattails.
This was a very solid win for Trump, but not a GOP landslide on the order of 1984 or 1994. But it does show signs of being a realigning election, with Trump continuing to increase his shares of black and Hispanic voters, as well as working class voters of all stripes.
I should be ecstatic. Actually, I’m more tired and relieved, since it seems like I’ve been running flat out the last two weeks, so I’ll make this short.
Tomorrow we’ll examine whether Democrats have learned anything from this defeat, or if they’re even capable of learning…
Local GOP Sues Travis County Over Election Staffing
According to the Travis County GOP, 41 percent of locations on Election Day lack any Republican poll workers.
…UPDATE: The Travis County Republican Party has appealed to the Texas Supreme Court after the 3rd Court of Appeals dismissed the lawsuit as moot.
A lack of Republican election staffers, despite the county party having submitted over 900 names to the local election office, has caused the Travis County Republican Party to take drastic action.
According to a press release, the Travis GOP filed an emergency petition against the county elections division for refusing to staff polling locations with Republicans.
The filing alleges “the Travis County Elections Department ignored repeated requests from TCRP for polling location staffing, only delivering the information just four days before the start of early voting. The received information shows a severe lack of Republican presence at Early Voting and Election Day polling locations.”
According to the GOP, 24 percent of early voting locations have no Republican election judges, and 50 percent have no Republican election workers. For Election Day, 41 percent of locations lack any Republican poll workers.
The Texas Election Code requires polling locations to assign someone from the other major party as the alternate judge if they assign someone from one major party as the presiding judge.
“It is totally unacceptable that large portions of our county have no Republican election judges assigned, despite our providing far more than the number of available workers needed,” said Travis County GOP Chair Matt Mackowiak. “As long as I am TCRP chair, we will hold local government accountable when they violate our rights and risk election integrity. This is an egregious example, and we look forward to our day in court.”
Of course, pulling this sort of election shenanigans so close to the election gives very little time to correct the abuse. Here’s hoping the Texas Supreme Court comes back with some form of injunctive relief to have Republicans monitoring election day…
The choice for today’s post was obvious, the interview we’ve all been waiting at least eight years for:
It’s a long interview and I haven’t remotely listened to all of it yet. But unlike Kamala Harris, Trump actually answers questions and seems comfortable in his own skin. In fact, Trump frequently does the thing were he talks discursively for long stretches, tying question back to himself (in answer one about his inauguration day drive to the White House, he talks about a building he converted along the route), and Rogan, who gives his guests a lot of room to talk, has to reel him back on topic.
Maybe I’ll do another post on takeaways from the interview when I have time to more of it.
