bmaz
@bmaz.bsky.social
Criminal defense, civil rights, and occasionally civil, trial lawyer. Former Emptywheel legal writer, husband, father and generally cranky observateur. Lifetime F1 fan.
Reposted by bmaz
PRECEDENTS: If a protest is made that a House member/member-elect's citizenship doesn't meet the constitutional requirement –
A) S/he can prove it does with just oral evidence – no docs req.
B) And s/he only has to prove it does if the protestant first makes a prima facie case it doesn't.
2/
A) S/he can prove it does with just oral evidence – no docs req.
B) And s/he only has to prove it does if the protestant first makes a prima facie case it doesn't.
2/
![Hinds' Precedents
424. The Indiana election case of Lowry v. White in the Fiftieth Congress.
A Member who had long been a resident of the country, but who could produce neither the record of the court nor his final naturalization paper, was nevertheless retained in his seat by the House.
The House, overruling its committee, admitted parol evidence to prove the naturalization of a Member who could produce neither the record of the court nor his certificate of naturalization.
[snip]
427. The case of Anthony Michalek, continued.
The House authorized its committee to take testimony in a case wherein the qualifications of a Member were impeached.
As to the degree of testimony required to put the burden of proof on a Member whose status as a citizen was impeached.
On Jan 29, 1906, Mr H Olin Young, of Michigan, from the Committee on Elections No. 1, submitted the following report:
The Committee on Elections No. 1, to whom was referred the protest of citizens of the Fifth Congressional district of Illinois, against the right of Hon. Anthony Michalek, elected as a Member of the House of Representatives from that district to the Fifty-ninth Congress, to a seat in the House,
[snip]
SITTING MEMBER NOT CALLED UPON TO ANSWER THE CHARGES.
While the committee, at the request of Mr. Michalek, permitted him to make a brief statement to the committee, yet the committee has not been of the opinion that any prima facie case was made against Mr. Michalek, and hence has been of the opinion that he should not be put to the trouble or expense of proving by witnesses introduced in his behalf his title to citizenship. Your committee is of the opinion that when charges affecting the eligibility of a Member of Congress to his seat are made,
some proof should be offered in their support before putting the sitting Member to the expense and the burden of making a defense.
The committee accordingly reported the following resolution, which was, on March 6, agreed to by the House without division](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:mf6x4tcxia23iqiflhqtv2dg/bafkreihxrf7jj2x4f3gzsxa6ljx5zh45q3t44mdykhyan3qcypnshfxngu@jpeg)
February 12, 2026 at 10:40 PM
PRECEDENTS: If a protest is made that a House member/member-elect's citizenship doesn't meet the constitutional requirement –
A) S/he can prove it does with just oral evidence – no docs req.
B) And s/he only has to prove it does if the protestant first makes a prima facie case it doesn't.
2/
A) S/he can prove it does with just oral evidence – no docs req.
B) And s/he only has to prove it does if the protestant first makes a prima facie case it doesn't.
2/
Reposted by bmaz
It's not an exaggeration to say this will result in genocidal-scale death. And I don't mean in the distant, speculative future. Just the tens of thousands of pollution deaths in the relative near-term (Free link.) www.nytimes.com/2026/02/12/c...
Trump Administration Erases the Government’s Power to Fight Climate Change
www.nytimes.com
February 12, 2026 at 10:50 PM
It's not an exaggeration to say this will result in genocidal-scale death. And I don't mean in the distant, speculative future. Just the tens of thousands of pollution deaths in the relative near-term (Free link.) www.nytimes.com/2026/02/12/c...
Reposted by bmaz
Oh noes! White food is being erased!
Better get your egg salads and tuna casseroles and bologna sandwiches now before they vanish forever amid the invidious onslaught of tacos and pho.
Better get your egg salads and tuna casseroles and bologna sandwiches now before they vanish forever amid the invidious onslaught of tacos and pho.
Trump nominated a legit white nationalist to a top post at the State Department. I asked him some basic questions about his belief in the “erasure of white culture”. Watch this embarrassing, fumbling answer. Like he has never before been asked to explain his views.
February 12, 2026 at 10:38 PM
Lol, looks like Richard Leon had some fun writing this in the tone that Hegseth's BS absolutely deserved.
Judge blocks Pete Hegseth's censure of Sen. Mark Kelly over troops video, for now. www.cnbc.com/2026/02/12/k...
Judge blocks Pete Hegseth's censure of Sen. Mark Kelly over troops video, for now. www.cnbc.com/2026/02/12/k...
Judge blocks Pete Hegseth's censure of Sen. Mark Kelly over troops video, for now
The order comes days after federal prosecutors in Washington, D.C., tried and failed to get a grand jury to indict Sens. Mark Kelly and Elissa Slotkin.
www.cnbc.com
February 12, 2026 at 8:37 PM
Lol, looks like Richard Leon had some fun writing this in the tone that Hegseth's BS absolutely deserved.
Judge blocks Pete Hegseth's censure of Sen. Mark Kelly over troops video, for now. www.cnbc.com/2026/02/12/k...
Judge blocks Pete Hegseth's censure of Sen. Mark Kelly over troops video, for now. www.cnbc.com/2026/02/12/k...
Reposted by bmaz
"The bottom line is this. If your idea of democracy is to decrease citizen access to the ballot box—it isn’t democracy you believe in, it’s dictatorship. The SAVE Act brings America one step closer to re-establishing Jim Crow levels of extremism. We cannot allow this to happen."
Republicans are pushing the SAVE Act not to stop voter fraud, but to disenfranchise millions of women & minorities. Since 1992, women have voted blue by 4 to 13 points. Rather than change policy to earn women's votes, they're changing rules to prevent women's votes. That's dictatorship. That's MAGA.
The SAVE Act Will End Voting Rights for Women in America
The SAVE Act has passed the House—we cannot let it pass the Senate
www.qasimrashid.com
February 12, 2026 at 6:34 PM
"The bottom line is this. If your idea of democracy is to decrease citizen access to the ballot box—it isn’t democracy you believe in, it’s dictatorship. The SAVE Act brings America one step closer to re-establishing Jim Crow levels of extremism. We cannot allow this to happen."
Reposted by bmaz
This is the second account - the first being in Chicago - of DHS agents mass detaining people and then *sorting them by race*.
More than 400 people, including hundreds of citizens, were “sorted” at gun point into racial and ethnic groups by 200 ICE agents who fired flash-bang grenades into cars with people inside, pointed guns at children & demanded their zip tied parents not comfort them. apple.news/Ausdx6kWtT0e...
Idaho families sue over immigration raid that swept up hundreds, including U.S. citizens — NBC News
About 400 people, including children and U.S. citizens, were detained for four hours while they were denied food and water in the raid, according to the lawsuit.
apple.news
February 12, 2026 at 2:26 AM
This is the second account - the first being in Chicago - of DHS agents mass detaining people and then *sorting them by race*.
This by @lebassett.bsky.social is excellent www.laura-bassett.com/p/the-most-t...
The most telling moment in the Epstein hearing
With a cross around her neck and a "Mean Girls"-style burn book sitting in front of her, Pam Bondi accidentally gave away the whole game.
www.laura-bassett.com
February 11, 2026 at 11:51 PM
This by @lebassett.bsky.social is excellent www.laura-bassett.com/p/the-most-t...
This by @annabower.bsky.social and @ericcolumbus.bsky.social is excellent. Though, were it me, I'd make the Commerce Clause argument, but would still hang the hat on the 1A argument.
NEW: Don Lemon is set to be arraigned this week on charges tied to a protest at a church.
The case has raised press freedom concerns. But the constitutional provision most likely to derail the indictment isn’t the First Amendment—it’s the Commerce Clause.
⬇️⬇️⬇️
www.lawfaremedia.org/article/minn...
The case has raised press freedom concerns. But the constitutional provision most likely to derail the indictment isn’t the First Amendment—it’s the Commerce Clause.
⬇️⬇️⬇️
www.lawfaremedia.org/article/minn...
Minnesota FACE Off: A Deep Dive Into the St. Paul Church Protest Case
Unpacking the Don Lemon indictment, its factual allegations, the elements the government must prove to convict, and the potential defenses available to the accused.
www.lawfaremedia.org
February 11, 2026 at 9:16 PM
This by @annabower.bsky.social and @ericcolumbus.bsky.social is excellent. Though, were it me, I'd make the Commerce Clause argument, but would still hang the hat on the 1A argument.
Reposted by bmaz
what is with these people and dogs?
February 11, 2026 at 9:07 PM
what is with these people and dogs?
Reposted by bmaz
More than a hundred companies hold spots on WEXMAC TITUS, the $65B Navy contracting vehicle designed for rapid ICE detention expansion. Here’s the list (so far) ⬇️
February 11, 2026 at 8:57 PM
More than a hundred companies hold spots on WEXMAC TITUS, the $65B Navy contracting vehicle designed for rapid ICE detention expansion. Here’s the list (so far) ⬇️
Reposted by bmaz
2/ I can't do justice to Crockett's words by trying to summarize. She's rapid fire fast. So I'll wait for clips.
But oof! She's so good.
But oof! She's so good.
February 11, 2026 at 7:53 PM
2/ I can't do justice to Crockett's words by trying to summarize. She's rapid fire fast. So I'll wait for clips.
But oof! She's so good.
But oof! She's so good.
Reposted by bmaz
Crockett won't ask Bondi questions. Instead she's asking questions of her colleagues to make her point.
She's smart, so smart.
She's smart, so smart.
February 11, 2026 at 7:52 PM
Crockett won't ask Bondi questions. Instead she's asking questions of her colleagues to make her point.
She's smart, so smart.
She's smart, so smart.
Lol, "inherent contempt". Lol.
Inherent Contempt for all these fascists as soon as we take back the House
holy shit -- Bondi's new tactic is refusing to answer Democratic questions, then using time during the next Republican questioner to smear the previous Democratic member and accuse them of being complicit in violence crimes
February 11, 2026 at 7:53 PM
Lol, "inherent contempt". Lol.
Lol:
NEWS: The DOJ lawyer who tried--and failed--to indict 6 Dem lawmakers over military video runs an active dance photography studio & worked for US Atty Pirro decades ago. Both prosecutors on case had no prior federal backgrounds as experts were walled off. news.bloomberglaw.com/us-law-week/...
NEWS: The DOJ lawyer who tried--and failed--to indict 6 Dem lawmakers over military video runs an active dance photography studio & worked for US Atty Pirro decades ago. Both prosecutors on case had no prior federal backgrounds as experts were walled off. news.bloomberglaw.com/us-law-week/...
Pirro Enlists Dance Photographer-Lawyer in Lawmaker Video Case
Washington’s US Attorney Jeanine Pirro tapped a dance photographer who worked for her decades ago as one of the prosecutors who tried—and failed—to convince a grand jury to indict six Democratic lawma...
news.bloomberglaw.com
February 11, 2026 at 7:20 PM
Lol:
NEWS: The DOJ lawyer who tried--and failed--to indict 6 Dem lawmakers over military video runs an active dance photography studio & worked for US Atty Pirro decades ago. Both prosecutors on case had no prior federal backgrounds as experts were walled off. news.bloomberglaw.com/us-law-week/...
NEWS: The DOJ lawyer who tried--and failed--to indict 6 Dem lawmakers over military video runs an active dance photography studio & worked for US Atty Pirro decades ago. Both prosecutors on case had no prior federal backgrounds as experts were walled off. news.bloomberglaw.com/us-law-week/...
Reposted by bmaz
“This isn’t the judicial system at work. It’s not supposed to be a president deciding that members of the United States Senate should be hanged, calling for our execution.”
Mark Kelly decries 'authoritarian' Trump attempt to indict Dems for illegal orders video | Arizona Mirror
Mark Kelly and Elissa Slotkin said during a press conference this won't be the last time Trump seeks to punish them for the video
azmirror.com
February 11, 2026 at 6:39 PM
“This isn’t the judicial system at work. It’s not supposed to be a president deciding that members of the United States Senate should be hanged, calling for our execution.”
This post by @fmrairforcegc.bsky.social is excellent on the insanity of the grand jury refusing to indict Mark Kelly and the others open.substack.com/pub/notesfor...
Revenge of the Ham Sandwich Part II: A Grand Jury Once Again Saves the Day
The Washington Post is reporting that the Department of Justice attempted to indict six Democratic lawmakers over a video reminding military service members of their obligation to reject illegal order...
open.substack.com
February 11, 2026 at 6:44 PM
This post by @fmrairforcegc.bsky.social is excellent on the insanity of the grand jury refusing to indict Mark Kelly and the others open.substack.com/pub/notesfor...
Reposted by bmaz
Seems the Pentagon is testing anti-drone high-energy lasers near Fort Bliss in El Paso, and didn't feel this was dangerous enough to close airspace over.
The FAA administrator disagreed.
Last week, these lasers successfully protected the American people from a sinister children's party balloon.
The FAA administrator disagreed.
Last week, these lasers successfully protected the American people from a sinister children's party balloon.
Airspace closure followed spat over drone-related tests and party balloon shoot-down, sources say
Pentagon officials had undertaken planning to use military technology near Fort Bliss, in El Paso, to practice downing drones.
www.cbsnews.com
February 11, 2026 at 5:36 PM
Seems the Pentagon is testing anti-drone high-energy lasers near Fort Bliss in El Paso, and didn't feel this was dangerous enough to close airspace over.
The FAA administrator disagreed.
Last week, these lasers successfully protected the American people from a sinister children's party balloon.
The FAA administrator disagreed.
Last week, these lasers successfully protected the American people from a sinister children's party balloon.
Hegseth's DOD is going to cause another major civilian casualty event.
"The airlines were also aware of the apparent impasse between the FAA and Pentagon officials over the issue because the Pentagon has been using Fort Bliss for anti-cartel drone operations without sharing information with the FAA, the sources said"
February 11, 2026 at 6:05 PM
Hegseth's DOD is going to cause another major civilian casualty event.
Reposted by bmaz
But we're supposed to trust them with age verification?
February 10, 2026 at 9:23 PM
But we're supposed to trust them with age verification?
Reposted by bmaz
Please note that she's READING this. She PREPARED this as a rebuttal for questions about Epstein. She planned this, had someone write it down, and read it.
Bondi crashes out over Epstein: "The Dow is over 50,000 dollars! I don't know why you're laughing. You're a great stock trader as I hear, Raskin. The Dow is over 50,000 right now. The S&P at almost 7,000, and the Nasdaq smashing records. That's what we should be talking about."
February 11, 2026 at 4:43 PM
Please note that she's READING this. She PREPARED this as a rebuttal for questions about Epstein. She planned this, had someone write it down, and read it.
Between Bondi and DOJ on one side, and noisy idiots like Khanna and Massie on the other, not sure either side is really serving the actual victims of Epstein. It is just a circus at this point.
Jayapal: To the survivors in the room, if you are willing, please stand. And if you are willing, please raise your hands. If you have still not been able to meet with this DOJ. Please note for the record that every single survivor has raised their hand.
February 11, 2026 at 4:03 PM
Between Bondi and DOJ on one side, and noisy idiots like Khanna and Massie on the other, not sure either side is really serving the actual victims of Epstein. It is just a circus at this point.
Lol. Pam is fun of shit.
Bondi: "The news is reporting that cartel drones are being shot down by our military. That's what we all should care about right now: protecting America."
February 11, 2026 at 3:36 PM
Lol. Pam is fun of shit.
Reposted by bmaz
Bondi hasn't stopped lying since she swore not to lie.
February 11, 2026 at 3:34 PM
Bondi hasn't stopped lying since she swore not to lie.
On this day in 1990: Nelson Mandela was released from prison in South Africa after 27 years.
Today, Miller and Trump would not even allow Mandela in the US.
Today, Miller and Trump would not even allow Mandela in the US.
February 11, 2026 at 3:34 PM
On this day in 1990: Nelson Mandela was released from prison in South Africa after 27 years.
Today, Miller and Trump would not even allow Mandela in the US.
Today, Miller and Trump would not even allow Mandela in the US.
Reposted by bmaz
The fuck is the military going to do with coal stockpiles?!
Trump to direct Pentagon to buy coal to revive industry, Bloomberg News says reut.rs/46vkQiO
Trump to direct Pentagon to buy coal to revive industry, Bloomberg News says
U.S. President Donald Trump is set to direct the Pentagon to use government funding and Pentagon contracts to sustain U.S. coal-fired power plants, Bloomberg News reported on Tuesday, citing a White House official.
reut.rs
February 11, 2026 at 2:39 PM
The fuck is the military going to do with coal stockpiles?!