An Unintended Consequence


Hillary Clinton carried Colorado during the 2016 election, but when the state’s electors met to vote, one of them refused to vote for her. The Colorado Secretary of State replaced that elector with one who would vote for Clinton. The original elector sued the Secretary of State, claiming that his removal was illegal and that the State could not bind him to vote in a particular way. Yesterday, the Tenth Circuit Court of Appeals ruled in the elector’s favor.

One consequence of a state’s inability to bind electors to vote a particular way is that the states who are members of the National Popular Vote Interstate Compact cannot legally require their electors to cast their votes in any particular way.

The Democrats’ plan to sabotage the Electoral College may have been stopped by the action of a Democrat elector.

Past His Sell By Date?


Mueller: “Could you repeat the question?”

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Robert Mueller: “I’m not familiar … with that”

Chabot: “It’s not a trick question. It was Fusion GPS”

* * * * *

Mueller: “I’d have to check the statute.”

Sensenbrenner: “I just read it to you.”

* * * * *

Mueller: “I can’t go into that.”

Jordan: “Yes you can, because you wrote about it.”

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Mueller: “I’m not going to get into that.”

* * * * *

Mueller: “It’s still outside my purview.”

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Mueller: “I don’t agree with your characterizations.”

Jordan: “I’m reading from your report.”

A Kept Promise


During the 2016 election, Donald Trump made a campaign promise to cut back on federal regulation by requiring bureaucrats to repeal two regulations for each new one they imposed. Paul Bedard reports over at the Washington Examiner that the Administration is claiming it has not only kept that promise but has done better still. The post quotes Russ Vought, the Acting Director of the Office of Management and Budget as saying, “We’ve hit 13 to 1.” The OMB is claiming the resulting reduction in paperwork has saved the economy 33 billion dollars.

The most significant rollbacks have been at the Departments of Labor, Agriculture, and Education and at the EPA.

Past performance is not a guarantee of future results, but wow, this sure looks like a good start!

Trump Wins One in the Fourth Circuit


The District of Columbia and the State of Maryland filed a LOLsuit against Donald Trump in both his official and personal capacities claiming that Trump was violating the Emoluments Clause of Article II of the Constitution. The U. S. District Court of Maryland ruled against the President’s official and personal motions to dismiss, and the judge refused to certify an interlocutory appeal of his rulings. Trump took the unusual steps (official and personal) of seeking writs of mandamus from the Fourth Circuit ordering the certification of the appeal. Yesterday, the Court of Appeals took the even more unusual action of granting the writs of mandamus Trump sought.

The TL:DR is this: The Court of Appeals ruled that the district judge was wrong on the law, so the case has been remanded with instructions that it be dismissed with prejudice.

Money quote—

The District and Maryland’s interest in enforcing the Emoluments Clauses is so attenuated and abstract that their prosecution of this case readily provokes the question of whether this action against the President is an appropriate use of the courts, which were created to resolve real cases and controversies between the parties. In any event, for the reasons given, we grant the President’s petition for a writ of mandamus and, taking jurisdiction under 28 U.S.C. § 1292(b), hold that the District and Maryland do not have Article III standing to pursue their claims against the President. Accordingly, we reverse the district court’s orders denying the President’s motion to dismiss filed in his official capacity, and, in light of our related decision in No. 18-2488, we remand with instructions that the court dismiss the District and Maryland’s complaint with prejudice.

Trump Derangement Syndrome doesn’t seem to be a valid cause of action.

Team Kimberlin Post of the Day


In many ways, we are known by the company we keep. The TKPOTD for six years ago today dealt with some of the people and organizations The Dread Deadbeat Protestor/Protector Kimberlin was working with.

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One of the subsidiary operations of Brett Kimberlin’s 501(c)4 Velvet Revolution US is called Chamber Watch. On Chamber Watch’s Action Items web page (No, I won’t link to it.), there’s a description of an alliance of organizations and individuals engaged in attacking the U. S. Chamber of Commerce.

Velvet Revolution and it [sic] staff, including journalist Brad Friedman, along with SEIU, reporter Glenn Greenwald, Change to Win and ChamberWatch

That’s an interesting bunch.

Brad Friedman is the co-founder with Brett Kimberlin of VRUS. He is the left coast anchor of the group and a “respectable” public face.

The SEIU is the Service Employees International Union which enhanced its reputation for violence by sending purple-shirted thugs to confront tea party rallies. SEIU founder Wade Rathke was a cofounder of ACORN.

Glenn Greenwald? Yep, that Glenn Greenwald. The one who writes for The Guardian.

Change to Win is a coalition of labor unions formed in 2005 as an alternative to the AFL-CIO; it consists The International Brotherhood of Teamsters, Service Employees International Union, United Farm Workers, and United Food and Commercial Workers. All of these unions have a history of violence and/or corruption.

Thugs partnering with left-wing “journalists” to attack big business, but to what purpose? Did I mention that there’s a Donate button on each webpage?

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More recently, TDPK has been focusing on election integrity. That change in interest may have some connection the The Dread Deadbeat Pro-Se Kimberlin losing a couple of LOLsuits related to his tiff with the Chamber of Commerce. Indeed, his work during the 2016 elections with Ukrainian interests connected to the Democrats’ National Committee appear to have been so … um … rewarding that in 2017 he changed the corporate name of VelvetRevolution US to Protect Our Elections/EMPR Inc. (empr dot media is an English-language Ukrainian news site hosted on the same server as the now-seemingly-abandoned Breitbart Unmasked Bunny Billy Boy Unread.)