A secret special prosecutor wielding “kitchen-sink” subpoenas takes aim at persons and groups who supported Wisconsin Gov. Scott Walker in his recent showdown with public employee unions. “The probe began in the office of Milwaukee County Assistant District Attorney Bruce Landgraf, though no one will publicly claim credit for appointing Mr. Schmitz, the special prosecutor. The investigation is taking place under Wisconsin’s John Doe law, which bars a subpoena’s targets from disclosing its contents to anyone but his attorneys. … [Wisconsin Club for Growth director Eric O'Keefe] adds that at least three of the targets had their homes raided at dawn, with law-enforcement officers turning over belongings to seize computers and files.” [WSJ "Review and Outlook"]
Why isn’t there greater revulsion when political mobs assail the personal residences of officials they disagree with? And who will be next? [Mark Krikorian; earlier here, etc.] (& welcome Instapundit readers)
Friends of liberty? Not exactly:
Sen. Lindsey Graham would propose censoring Americans’ “snail” mail if he thought it would help protect national security, the South Carolina Republican said Tuesday. But for now, he says he doesn’t think it’s necessary.
“For now.” Nice. And Rep. Peter King (R-N.Y.) wants to prosecute reporters who publish leaked material. Meanwhile, say what you will about Glenn Greenwald, he’s willing to call out by name some “principle-free, hackish, and opportunistic” media lefties whose views on surveillance and civil liberties have proved malleable.
P.S., a reminder: Rep. Peter King made his name as an apologist for unspeakable IRA terrorism [Riggs]
“Apple doesn’t have a political action committee to fund incumbents’ re-elections. Apple doesn’t hire many congressional staff or any former congressmen as lobbyists. Apple mostly minds its own business — and how does that help the political class?” [Tim Carney, Washington Examiner]
My new article at The Blaze, based (among other things) on a precinct analysis of the election results last month in Prince George’s County, Maryland: “the black precincts in P.G. with the strongest inclination toward social conservatism… gave Republican candidates a vote percentage more often associated with Libertarian candidates and rounding errors.” Although some Republicans have been keeping the runways clear and waving at every dot on the horizon for 20 years or more, the planes still aren’t landing (& welcome David Frum/Daily Beast readers).
She was convicted in June of stealing $800 from the Maryland General Assembly to pay an employee of her private law firm. But on Tuesday… [Tiffany] Alston’s attorneys said that the Prince George’s County Democrat is prepared to sue, if necessary, to continue serving in the House of Delegates. …
How she intends to do that is unclear. Her sentencing last month on a charge of misconduct in office triggered her “permanent” removal from the House under the state constitution, according to a lawyer for the General Assembly.
Alston’s attorneys disputed that interpretation after Tuesday’s court hearing, in which an Anne Arundel County Circuit Court judge agreed to modify Alston’s one-year suspended jail sentence to probation before judgment, essentially striking her conviction.
Update: Curiouser and curiouser, with revelations about potential Alston replacement Greg Hall.
Many politically active people “like” candidates and causes to which they are in fact ardently opposed, since following the opposition’s Facebook stream can be a smart way to keep tabs on what it’s doing. But as a result Facebook keeps feeding us sponsored posts — often very misleading ones — that follow the formula “[my friend] likes [candidate/cause X]“.
By the way, if you’re on Facebook, you really should be liking Overlawyered, here. That’s true even if you can’t stand the site and just want to keep tabs on its nefarious ways.
The retention campaign for liberal Florida Supreme Court Justices Fred Lewis, Barbara Pariente, and Peggy Quince is “outspending the opposition 20-to-1,” fueled by large donations from plaintiff’s injury law firms that practice before the court, such as the law firms of Wayne Hogan, Tom Edwards, and Fred Levin, Searcy Denney Scarola Barnhart & Shipley, Grossman Roth, and Pajcic & Pajcic — not to mention defense lawyers. [Orlando Sentinel]
P.S. And from which side do you think the left-leaning Justice at Stake detects a threat to judicial independence? Right. You guessed it. See also ABA Journal [proposals to cut state bar out of judicial nomination process classed among "legislative attacks" on independent judiciary. Meanwhile, no quantity of vitriolic and demagogic attacks on jurists over such decisions as Citizens United or Concepcion ever seem to get classed as menacing judicial independence].
…it’ll probably be the first time a lot of folks grasp one of the solid advantages of the Electoral College over a national popular vote system. (Background on the approaching Hurricane Sandy: “And with some trees still leafy and the potential for snow, power outages could last to Election Day, some meteorologists fear.”)
More: Derek Muller reviews Tara Ross, “Enlightened Democracy: The Case for the Electoral College” [Law and Liberty]
At Prawfsblawg, Paul Horwitz, Rick Garnett and others have a discussion of claims (typified here and here) that it’s oppressive not to let churches electioneer with tax-deductible funds. Other views: Religion News Service/HuffPo, Bloomberg editorial, Stephen Colbert via TaxProf (to an IRS-defying pastor: “Other people have to use after-tax money for their political speech, but you guys get to use pre-tax money for political speech.”) Or is the better answer to liberate both secular and religious 501(c)(3)s to express election views, with the possible result of enabling political donors generally to take a tax deduction on money spent to promote their preferred candidates and causes?
My Twitter comments as the Presidential debate was in progress can be read here.
The fine is well below the cost of mounting a legal defense in a case that had become a symbol of trigger-happy regulatory prosecution. [Nick Gillespie/Reason, Ann Althouse, AP] Besides, Ted Frank argues, “Gibson was planning on setting up camp at the RNC to promote the problem of overcriminalization,” so the Obama administration gets something of value too in an election season.
More: “The Lacey Act: Protectionism Through Criminalization” [K. William Watson, Cato at Liberty]
Rob McKenna, attorney general of the state of Washington, is among many state AGs who has joined in courtroom challenges to ObamaCare. Now a local “public interest” law firm, Smith & Lowney, has sued McKenna on behalf of a group of residents who disagree with that decision, saying he is breaching his duty to represent the state’s citizenry by taking a view contrary to theirs. [KOMO]
“A Milwaukee lawyer who calls himself the ‘lemon law king’ is vowing to never take on a Republican client because of a new law limiting attorney fees in Wisconsin. … In a statement issued on Monday, [Vince] Megna compared Wisconsin to North Korea.” [ABA Journal]