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The Inside Story of Why Mueller Failed

The Inside Story of Why Mueller FailedAndrew Weissmann was one of Robert Mueller’s top deputies in the special counsel’s investigation of the 2016 election, and he’s about to publish the first insider account, called Where Law Ends: Inside the Mueller Investigation. The title comes from an adapted quote by the philosopher John Locke that’s inscribed on the façade of the Justice Department building in Washington, D.C.: “Wherever law ends, tyranny begins.”Weissmann offers a damning indictment of a “lawless” president and his knowing accomplices—Attorney General William Barr (portrayed as a cynical liar), congressional Republicans, criminal flunkies, Fox News. Donald Trump, he writes, is “like an animal, clawing at the world with no concept of right and wrong.” But in telling the story of the investigation and its fallout, Weissmann reserves his most painful words for the Special Counsel’s Office itself. Where Law Ends portrays a group of talented, dedicated professionals beset…


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The Election That Could Break America

The Election That Could Break AmericaIllustrations by Guillem Casasús / Renderings by Borja AlegreThere is a cohort of close observers of our presidential elections, scholars and lawyers and political strategists, who find themselves in the uneasy position of intelligence analysts in the months before 9/11. As November 3 approaches, their screens are blinking red, alight with warnings that the political system does not know how to absorb. They see the obvious signs that we all see, but they also know subtle things that most of us do not. Something dangerous has hove into view, and the nation is lurching into its path.The danger is not merely that the 2020 election will bring discord. Those who fear something worse take turbulence and controversy for granted. The coronavirus pandemic, a reckless incumbent, a deluge of mail-in ballots, a vandalized Postal Service, a resurgent effort to suppress votes, and a trainload of lawsuits…


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Short Circuit: A Roundup of Recent Federal Court Decisions

Short Circuit: A Roundup of Recent Federal Court DecisionsPlease enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Recently the Eleventh Circuit upheld Florida’s system of allowing former felons to get back their right to vote, even though it makes it very hard for former felons to actually do that. Critics have rightfully decried the ruling, but, unfortunately, it’s based on decades of Supreme Court precedent that many of those same critics have likely endorsed. Director of IJ’s Center for Judicial Engagement Anthony Sanders tells us how supporting the extreme version of the rational basis test in some cases but not others is a bargain with Leviathan that you just can’t win. Click here to read. After Congress declined to appropriate funding to Build The Wall, the president moved some money around to build some of it anyway. House of Representatives: Can’t do that. D.C….


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What Ruth Bader Ginsburg’s Death Means for America

What Ruth Bader Ginsburg’s Death Means for AmericaA furious battle over a Supreme Court vacancy is arguably the last thing the United States needed right now.The death of Justice Ruth Bader Ginsburg today represents a devastating loss for feminists who held up the 87-year-old as an icon of women’s rights, and as a bulwark protecting abortion rights and a wide range of other progressive ideals on a conservative Supreme Court.But her passing less than two months before the presidential election also tosses one more lit match into the tinderbox of national politics in 2020: It will surely inflame a deeply polarized country already riven by a deadly pandemic, a steep economic downturn, and civil unrest in its major cities.In Washington, the vacancy fight could ratchet up tensions to a level unseen even in the tumultuous Trump era. President Donald Trump will be eager to fill Ginsburg’s seat immediately, seizing an…


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Say the Democrats Win. Then What?

Say the Democrats Win. Then What?If Democrats manage to hold the House of Representatives and win back the Senate and the White House in November, the party will have full control of the federal government for the first time in 11 years. Police reform, climate change, and health care are all on their agenda. But before newly empowered Democrats get to any of that, they will very likely pass a relief package to address the coronavirus pandemic and the associated economic crisis. Then, they will aim to fundamentally change how voting and government work in the United States by expanding voting rights, reducing the influence of money in politics, strengthening ethics rules, and maybe even ending the Senate filibuster—reforms they hope will make America’s democracy work better and the rest of their agenda easier to carry out.“If there is any political capital to be spent, the concerns over democracy reform…


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Trump Takes Away a Lifeline for Swing-State Senators

Trump Takes Away a Lifeline for Swing-State SenatorsPresident Donald Trump demands loyalty, but isn’t so quick to return it. Republican members of Congress have passed his bills, rationalized his behavior, kept him in power. Now, with a new Supreme Court vacancy, some of the GOP senators who risked the most in tethering themselves to Trump sorely need his help keeping them in power. He isn’t guaranteed to deliver.Trump tweeted today that he’ll announce his nominee at the White House on Saturday, and he’s said that he wants a vote to take place before the November 3 election. That could spell trouble for swing-state Republican senators in tough reelection fights, such as Susan Collins of Maine and Cory Gardner of Colorado. They have one obvious lifeline: Voters could split their tickets, backing Joe Biden for president and supporting Republicans down-ballot. But Trump is making that prospect a lot less likely. A…


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