Clarence Thomas, acting unilaterally, issues a "shadow docket" ruling for Sen. Lindsey Graham

[Nevilledog]

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John Kruzel
@johnkruzel
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BREAKING: Justice Clarence Thomas, acting unilaterally, issues a "shadow docket" ruling for Sen. Lindsey Graham, agreeing to temporarily halt Graham from testifying in probe of pro-Trump election interference in Georgia
9:17 AM · Oct 24, 2022

We're broken.

[Chainfire]

1. Different rules for different folks ain't justice.

[TheBlackAdder]

18. Did Ginni Thomas have something to do with Lindsey's calls?

[True Blue American]

68. Of course!

One of the traiterous whose wife was involved in the insurrection. He gets to make the decision as to who has to testify.

Can you imagine the 3 way conversation? “Clarence you have to protect Lindsey, he is one of us! Yes, dear I will stop it.” Lindsey, “ Thank you, Clarence!”

[markie]

2. wtf!

outrageous

[Kid Berwyn]

3. A Long Line of Co-Conspirators

[liberal N proud]

4. No corruption here

[CrispyQ]

5. Decades of being an underdog isn't easy. -nt

[lark]

6. Traitor Thomas raises his ugly fascistic head again.

He is a right wing traitor to democracy and is all in on fascism.

[2naSalit]

7. That tells us everything right fucking there.

[Nevilledog]

8. All may not be lost

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Steve Vladeck
·
Oct 24, 2022
@steve_vladeck
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To be clear, Justice Thomas issued an “administrative stay,” which blocks the Eleventh Circuit ruling only temporarily while the full Court decides whether to block it pending appeal.

Such a ruling is *not* predictive of how the full Court (or even Thomas) will vote on the stay.

John Kruzel
@johnkruzel
BREAKING: Justice Clarence Thomas, acting unilaterally, issues a "shadow docket" ruling for Sen. Lindsey Graham, agreeing to temporarily halt Graham from testifying in probe of pro-Trump election interference in Georgia

Steve Vladeck
@steve_vladeck
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Indeed, there are lots of recent examples of the Circuit Justice issuing such a temporary ruling and then the full Court *declining* to make it permanent.

Folks will surely overreact anyway, but this isn’t a big deal — yet.
9:23 AM · Oct 24, 2022

[lame54]

14. They're "overreacting" because it's Traitor Thomas

[Hortensis]

15. Sure. It shows Thomas is not recusing, though. So far anyway. nt

[Nevilledog]

16. And he won't because he is corrupt.

[Alexander Of Assyria]

26. Yes. The acting unilaterally bit is a fake panic button, the Justice has to act unilaterally!

Not only is not all lost, when the court sits en blanc on the injunction, also administrative, the loss for Lindsay will be even more profound.

And Traitor Thomas dodges a bullet from Traitor Ginny and the MAGAs/Tea Party leader.

[Cha]

35. lol.. ".. folks will surely overreact.."

With Good reason.. we know Clarence's unjust history.

TY for these tweets. 💙

[hadEnuf]

49. We all know what Thomas and his insane wife are about.

There is no overreacting to events like this.

[Solly Mack]

9. K&R

Not surprised.

Sadly.

[ProfessorGAC]

11. I Am

I didn't think any of them would touch it, given their obeisance to states' rights.
Thomas is, however, a loose cannon so I got it wrong.

[Solly Mack]

38. I figure it is his way of signaling to Graham his support.

We'll see how the full court goes.

[sop]

41. It's also a signal to Trump in the (likely) event one of his cases is appealed to the Supreme Court.

[Solly Mack]

43. Would make sense.

[Effete Snob]

50. Ah...

One advantage that criminals have over other people is that the criminals already know the crimes they have committed.

I occasionally deal with people who have been swindled in a con, and one thing that is pretty consistent is that they feel the need to tell the perpetrator that they are a conman.

It's tough to break the news to them that the conman already knows. That was the point.

[ProfessorGAC]

56. Good Point

As someone who is risk averse, I wouldn't get fooled in a con.
But, this was low risk.. I was wrong, but nothing lost. I've been wrong before.

[Augiedog]

10. Traitors just gotta do what they do

[hamsterjill]

12. They don't even try to be discreet any more.

Blatant as can be.

[smb]

13. Afraid Lindsey Would Dish Dirt On Ginny? nt

[ancianita]

17. Yep. It's a third branch attempted nullification of first branch.

The question is, who can stop Thomas.

[Scottie Mom]

21. A higher power?

Let lightening strike him down IMO.

[ancianita]

44. Wishful thinking doesn't help. Perhaps the Jan 6 committee can initiate a criminal referral to the

DOJ which could then bring the committee's suit, alongside Fani Willis' state suit, to SCOTUS to override his decision.

[Scottie Mom]

57. Well, now that Clarence Thomas put Fani Willis' suite on hold...

...there are not many options left.

I don't know whether to cry, scream, or do both!

[ancianita]

58. What makes you think her investigation just depends on Graham or this one subpoena. It's going

to proceed against Trump with or without Graham's testimony.

[Scottie Mom]

59. Maybe not entirely on Graham, but she is pushing to get him as hard as he is pushing to get away

Makes sense to me, since I practiced law for a long time: When there is someone who does everything to keep from testifying, there is something there that is either very incriminating, they are afraid of who they will out -- including themselves, and that information is most likely a key -- not THE key -- in your case. Someone who has nothing is not going to fight like hell to keep quiet. Graham's actions clearly in my opinion evidence this.

Ask yourself: Why is he doing this and there are only a few answers iMO. Off the top of my head: He knows something that clearly incriminates Trump, there is something Trump knows that could ruin Graham's life if Graham talks, or Graham is up to his ears in criminally trying to fix the 2020 election for Trump. Also: Please consider the Fani probably knows exactly what it is or she would not be on him like she is.

It may be solely a personally issue dangerous to him personally -- which Trump knows about -- and Graham may have done something criminal re the 2020 election to save himself from Trump outing his secret.

I know as a trial atty if I had a witness acting like Graham, I would not go to trial until and unless I found out exactly was he had and why he was not willing to testify. But...before I went after the witness, I sure as hell would have information that pretty much told me what it was that the witness was hiding. If important to as A KEY to my case...I would go after him like Fani is going after Graham.

Just my opinion as a long time trial atty. Just an opinion...and nothing more...

[ancianita]

60. He's doing this to keep from being charged himself. That's it. He might slither out of Willis'

investigation. But the grand jury still has the phone call as evidence, and can still charge him regardless of Thomas.

If he's charged, he'll likely go down because of Trump as much as because of his own choice to be owned by Trump.

Thanks for your opinion. Glad you've been a practicing attorney. Of course, mine is a layman's opinion.

[bluestarone]

19. Only answer here is

IMMEDIATE full SC decide NOW! TODAY!

[Scottie Mom]

20. Fuck this shit!!!!!!

[Comfortably_Numb]

22. Cue the pearl clutching from Alito and Roberts about the need for "respect for the court"

and how it’s not “political”, nor “corrupt” nor “activist.” Justice is on life support in this fascist hellscape we are living through. Ginni’s husband Uncle Clarence is definitely shitting on the constitution.

[llashram]

23. GOd!!!

This clown is reprehensibly corrupt and guilty of obvious partisanship. I can't stand this trump traitor. We are so in trouble with SC. From civil rights to voting rights, Dobbs was the first shot of the fascists vs the decent.

[onenote]

24. Same procedure that Justice Sotomayor followed in the Yeshiva case

She granted a temporary administrative stay pending full court review. And when the full court addressed the issue a few days later, she was part of a 5-4 majority rejecting the stay request and vacating her previous order. Obviously, that doesn't mean Thomas will vote to undo his order when the full court votes.

[CaptainTruth]

29. Important info there, thanks for posting.

[CincyDem]

30. Didn't Thomas side with Trump in the documents case and then...

…he was part of the 9-0 decision to reject trumps claims?

Seems to me he just doesn’t go it alone. I agree he should recuse but this it a several day delay vs a unilateral decision. It could still go 9-0 against Lindsay.

[budkin]

25. HOLY FUCKING SHIT

Can it be any more obvious??

[gldstwmn]

27. We're no longer a functioning democracy. Let's stop fooling ourselves.

[dwayneb]

66. Ding ding ding

Our "democracy" has been teetering on the edge since Trump took office in 2016, and we all know ( or should know) that the stage was set decades before that.

With SCOTUS packed with right-wing extremists, and many key State governments being filled with election deniers ready, willing and able to overturn elections - we are quickly moving toward authoritarian one-party rule.

All the starry-eyed patriotic platitudes in the world won't change this reality. What doomed us aren't the Fascist Republicans - it is the 40%-50% of Americans that don't even bother to vote in the elections that will determine their fate.

[milestogo]

28. Uncle Thomas is a piece of shit.

[CaptainTruth]

31. "temporarily"

Now let's see if "temporarily" becomes "permanently."

[onenote]

74. That will depend on how the entire court votes.

Which likely will happen before the date on which the deposition is supposed to occur.

[CanonRay]

32. And they wonder why no one respects the court?

[TeamProg]

33. RAT FUCKER !!

[Ferrets are Cool]

34. Our justice system is broken.

[Botany]

36. Everyday is one day closer to Clearnce no longer being on the court.

The man is doing what he was put onto the SCOTUS to do and that is as a firewall to protect
the right wing.

[NoMoreRepugs]

37. Worst Justice on the court in the modern era??

[MontanaMama]

39. And Roberts wonders why SCOTUS

is viewed as illegitimate?

[Evolve Dammit]

40. NO ONE is above the law!! (Ya right....)

[Pepsidog]

42. I hate Thomas, BUT there is such things as legal procedure and as I understand the 11th Cir. is

his responsibility to oversee. While it may appear to be corrupt to the layman, it appears to be normal appellate procedure in such situations.

[SCantiGOP]

47. You are right, pepsidog

I hesitated to post here, but as much as I detest my Senator and Justice Thomas, there is no sinister plot here.
All he did was rule that, in his opinion, there is enough of an issue that Graham has a right to have the case heard by the Court.

[Marius25]

46. This is 3rd world dictatorship level corruption

[Kablooie]

48. Well look at that. SCOTUS DOES work like that.

Republicans thought they just have to ask for illegal favors from the court and they would get them.
I was told it didn’t work like that.
Ha!

[Farmer-Rick]

51. The TRump crowd use the Supremes

Like a get out of jail free card. How special.

[bdamomma]

52. Graham

has friends in high places, and they think they are above the fucking law.

[Will Coning]

53. Impeach him NOW!

Read the title…

[jaxexpat]

54. Anything that prevents any high-Republican from owning their treason is a terrible thing.

If this allows Lindsay to put off testifying until after Nov 8th, it is a disaster for the cause of Democratic id-term election victory. After that Tuesday, if Republicans win either the senate or house or both, what happens in the goddamned courts doesn't matter a fucking fig.

That's how the score is counted, folks. Winner takes all.

[spanone]

55. Remember what Merrick Garland said, 'Some people ARE above the Law'

???

[maxsolomon]

61. Why does Graham get to appeal directly to the SCOTUS?

It's only a subpoena to testify - doesn't seem like it's contestable.

Does anyone get to appeal their subpoena right to the SCOTUS? Seems like that might clog their docket a bit.

[sl8]

70. What do you mean by "directly"?

He went to District Court (Northern District of Georgia) and appealed to the 11th U.S. Circuit Court of Appeals before this. Either an en banc hearing of the 11th or appeal to SCOTUS would be the next step.

[maxsolomon]

72. He made an emergency appeal directly to the SCOTUS.

I'm just amazed that everything (it feels like everything; i know it's not everything) having to do with this coup attempt is getting appealed up to the SCOTUS. it's like every other court doesn't matter.

[onenote]

75. Are you of the view that appellate court decisions shouldn't be subject to SCOTUS review?

That would be quite the position to hold.
For example, an appeals court recently granted a stay of the Biden administration's loan forgiveness order. Do you think that the Administration shouldn't be able to appeal that decision to the Supreme Court?

To be clear, I don't think Thomas should've granted the request for an administrative stay and I don't the full court should stay the appeals court decision. But that's different from suggesting there shouldn't be Supreme Court review of appeals court decisions regarding the grant or denial of a stay.

[maxsolomon]

77. Of course I'm not. I'm just fucking sick of the delays. Aren't you?

EVERY case in this nation doesn't go to the SCOTUS, but these GQP traitors have endless legal budgets, so they get to waste time until the clock runs out.

And this is just a subpoena to testify to a Grand Jury. Justice delayed etc.

[onenote]

78. SCOTUS receives 10,000 petitions for certiorari per year

The vast majority are denied, but every one gets considered.

[onenote]

79. Am I "sick" of delays? I guess, but they're to be expected.

And what if the facts were flipped: a state prosecutor issues a subpoena to a Senator Schumer. He challenges it in federal court and the court rejects his challenge. I would want him to pursue every allowable procedure maneuver to delay and, hopefully, block the subpoena from being enforced. Wouldn't you?

[maxsolomon]

80. I guess.

But the facts are not flipped. My aunt never has balls.

[onenote]

81. There are plenty of examples where Democrats have sought to block subpoenas.

Quite a few during the Clinton administration for example.

[ecstatic]

62. There's a clear conflict of interest. Potentially criminal conflict.

Ginny had her hands very deep in the mix and now Clarence is keeping silent the one guy who was required to speak up. Does our system really allow for this type of corruption? If so, it's time to discard and start over.

[onenote]

82. What criminal statute would apply here?

28 USC 455, the conflict of interest provision does not make it a "crime" for a judge not to recuse himself or herself. The statute has been on the books in one form or another for many, many years and there have been a number of cases brought where it has been alleged that a judge failed to recuse in accordance with Section 455. None of those cases were brought by the Department of Justice. Rather, they are always brought by a litigant who has unsuccessfully sought to have a judge recuse himself or herself and/or cases in which a litigant, after the fact, argues that they were harmed because the judge had a conflict of interest requiring recusal. Where the court reviewing the allegation of a failure to comply with Section 455 agrees that recusal was required, the remedy is to require the recusal or, if after the fact, reverse the outcome and remand for a new trial with a different judge.

The Fulton County prosecutor could seek Thomas's recusal from considering the stay request when it is heard by the full court; if they don't, it's the end of the discussion.

[Blue Owl]

63. A pubic hair in the cola of justice

[uponit7771]

64. This is ***NOT*** helping the USSC image AT ALL

[Skittles]

65. ?

page doesn't exist is what I see...

[Dr. Strange]

73. It was a garbage tweet.

It got deleted.

[Hugin]

67. Is this so-called shadow docket in the Constitution?

I don’t know.

[onenote]

76. If you start looking to the Constitution for judicial rules of procedure

you're not going to find much of anything.

[Hugin]

83. That's what I was thinking.

Not much there, there.

[RANDYWILDMAN]

69. The conservative justice's are broken

and have been tainted with puke since Bush V Gore

[Mosby]

71. Tweet was deleted.

Something to think about.