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Blessings on you and your family from all the Huckabee staff! Thank you for subscribing and I hope you enjoy today’s newsletter.
Mike
DAILY BIBLE VERSE
3 To every thing there is a season, and a time to every purpose under the heaven:
2 A time to be born, and a time to die; a time to plant, and a time to pluck up that which is planted;
Ecclesiastes 3:1-2
Brunson case: don't let false hope detract from finding election truth
Not long ago, we brought you a story about an unusual lawsuit regarding the 2020 presidential election, the Brunson case, brought by four brothers in Utah who wrote it up themselves without benefit of legal counsel. It presented a fascinating and (at least to us) novel legal argument: that Congress, in failing to investigate claims of election fraud that had been formally brought to their attention by over 100 of their colleagues, failed to do their sworn duty to uphold the Constitution when they went ahead with certification.
The remedy they sought was astonishingly sweeping, including the overturning of Biden’s election and the permanent disqualification for office of every last person who voted for certification. This sounded incredibly unlikely, even wildly far-fetched, but we thought it was interesting that someone was seriously trying this.
When, just like a “real case,” it was put on the docket for the Supreme Court as part of their court conference, one step in the process towards possible consideration for a hearing, we thought it was a good idea to examine the argument these brothers were making and relate what some people were saying about it. But our commentary on this strange lawsuit made it clear at the outset: “PLEASE consider this the longest of long shots.” In other words, it was never our intention to build up false hope.
But some who read our commentary apparently disregarded that and thought we WERE offering hope that these plaintiffs would actually prevail. One such commentary, at BLABBERBUZZ, was titled “Bold Prediction: Mike Huckabee signals that this Supreme Court announcement could mean MAJOR changes.” Whoa, we had “predicted” nothing of the sort, and anyone who did was just being crazy. One trusted friend and a legal expert was understandably concerned and brought this piece to our attention.
Hoping we wouldn’t “shoot the messenger,” he pointed out that ALL petitions filed are listed for a court conference, and there are 200-300 of these every week. He also very helpfully explained (since we’ve never been part of the process and don’t know firsthand about such things) that the fact the court clerk got in touch with the brothers personally to get their materials together was not necessarily significant, as it’s just part of his job to “keep the trains running on time.”
The attorney friend told us the lawsuit has “zero” chance and believes, as do we, that false hope poses the danger of interfering with efforts to expose the very real fraud and interference that took place in the 2020 election and keeping those illegalities from being taken seriously. We certainly had not wanted our discussion of the case to generate false hope and regret it if that happened. In fact, that’s why we’re running his letter in full below, to give you the most accurate picture possible.
We couldn’t agree more that there was, as he said, “a considerable amount of illegality” surrounding the 2020 election, as well as “unprecedented interference with the election by the institutions of our government, as the revelations from the “Twitter files” continue to expose.” If my attorney friend is reading the newsletter, he knows we work to bring these stories into the open every day and want to see them fully investigated. (That’s why we wish the new GOP Congress would get its act together so the House committees can get started.) Rather than “shoot the messenger,” we thank him for the clarification he has offered…
Dear Governor Huckabee,
I just saw this report about your comments on the Brunson case.
I hope the report is inaccurate, as much too much attention has been given to the case.
The fact that the Supreme Court has listed the case for its court conference tomorrow tells us absolutely nothing about whether the court is likely to grant the cert petition. EVERY SINGLE cert petition filed in the court gets listed for a court conference. That’s 200-300 they take up at each weekly conference. Each case gets scheduled by the clerk for the next weekly conference once the cert petition, opposition, and reply briefs are in, or once the respondents have waived an opposition or let the time for filing an opposition expire. EVERY CASE.
Nor does the fact that the clerk invited Brunson to cure a defect with his filing. That, too, provides ZERO indication of any interest by the Court itself in the case. Rather, it is merely the clerk fulfilling his ministerial duties in keeping the trains running on time. Particularly as we get into January, if by chance a case was filed with an easily curable defect, the clerk’s job is to get the defect cured so that it can be considered at the conference for which it would have otherwise been scheduled. Delays at that point, should the court decided to take up a particular case, can result in truncated briefing schedule in order to make it for oral argument in April, the last sitting for the term. But again, the Clerk’s work on that score is not as a result of any interest from the court itself. He just gets it scheduled for the weekly court conference as soon as the case is ready for that.
The way the process works at that point is this: This Chief Justice will circulate a memo adding to a “discuss list” the couple of cases (of the 200-300 or so) he think might warrant further discussion among the Justices. Other Justices can add to the “discuss list” if they think the Chief has overlooked any case of note. The conference then discusses the cases on the discuss list and then votes to either grant cert., deny cert, or carry over to another conference for further discussion and consideration. The remaining cases – the bulk of the 200-300 that were scheduled for that court conference – get no discussion whatsoever, and simply appear on the perfunctory orders list the following Monday as “cert denied.”
I reviewed the Brunson cert petition when I saw folks getting excited about the case. I can tell you that there is ZERO chance of it even making the discuss list, much less getting 4 votes to grant cert. There was a significant amount of illegality in the 2020 election, and that illegality undoubtedly opened the door to enough fraud to have affected the outcome. There was also an unprecedented interference with the election by the institutions of our government, as the revelations from the “Twitter files” continue to expose.
That fraud, that illegality, that “coup” needs to be exposed so that it never happens again, but false hope in quixotic efforts like Brunson will, I fear, make that more difficult as people grow increasingly discouraged when the false hope turns out to be just that.
Thanks for all you do, and please don’t shoot the messenger here.
House Speaker Update
After three days and 11 votes, Kevin McCarthy is still not Speaker, and there is still no viable alternative. Matt Gaetz caused a stir by nominating Donald Trump, but nobody takes that seriously, not even Trump, who has endorsed McCarthy.
However, it did result in Trump posting a hilarious meme of him presiding over a Biden State of the Union Address.
The House will reconvene at noon today, but McCarthy suggested that this could drag on through the weekend. However, word came that a deal may have been worked out late last night to finally clear McCarthy’s path to the Speakership. Fox News has more details:
https://www.foxnews.com/politics/gop-deal-emerges-thursday-mccarthy-path-speakership
And here’s the link to Fox News’ regularly-updated feed of news on this endlessly continuing story:
https://www.foxnews.com/live-news/house-speaker-vote
Biden to the border: Will it be a political smokescreen?!?
President Biden is expected to FINALLY visit our southern border this Sunday for the first time since taking office. But critics are concerned that the visit will be a political smokescreen. They’re demanding that it not be one of those “ten minutes on the tarmac” visits, but that Biden be given a real tour of the border, talk to the border agents, and be forced to look at the national security and humanitarian disaster that his policies have created. I guess they hope it will have a similar corrective effect to rubbing a puppy’s nose in its own mess and saying, “BAD dog!”
But I can’t imagine Biden’s handlers allowing that to happen. I’m sure they realize what a PR disaster that would be. Still, he’ll have to say something, and anytime Biden opens his mouth in public, there’s the potential for disaster. In fact, it already happened during a planned, scripted speech announcing his upcoming visit to the border. Imagine the historic disaster that Biden has created at our southern border. Now, put all that chaos and incompetence into the form of a speech, and you have an idea of how well Biden’s speech about the border went.
At the link, Mary Chastain of the Legal Insurrection blog offers a stunning collection of quotes and clips, from Biden called Kamala Harris “President Harris” (again) to him getting the name of Customs and Border Protection wrong, to him thinking we can replace Title 42 with Title 9 (or Title 8, whatever), to him comparing the economic migrants flowing into the US to Jews fleeing the Holocaust, to him saying that 20,000 pounds of fentanyl is “enough to kill as many as 1,000 people.” It could actually kill 4.5 billion people.
And that’s before we even get into his baffling new plan to let impoverished people risk the dangerous trek to the US border, then somehow apply for entry using a new government app on their cell phones. As Dave Barry would say, I am not making this up.
But as crazy as all that is, it sounds like a lecture from Albert Einstein compared to Biden’s attempt to blame the illegal immigration crisis on…brace yourselves…Republicans, who are allegedly preventing him from fixing the problem. You know, the one he created. The one he continues to sue states over when they try to do anything to stop it. Those darn Republicans!!
Someone needs to fetch a big butterfly net, and I don’t mean to catch illegal border crossers with.
Jaw-dropping
On the other hand, maybe we’ve been worried about the wrong DC Democrat going senile.
Eric Utter at American Thinker has a must-read look at Nancy Pelosi’s utterly jaw-dropping “Dear Colleagues” farewell letter, which might be the most mind-blowing work of fantasy fiction since J.R.R. Tolkien.