Jay, could 242 be used against states that have attempted to disenfranchise black voters by closing polling places in black neighborhoods? If so, why hasn't the Justice Dept. pursued this already?
Also, thanks for this. It appears the Justice Dept. has a slam-dunk case but Trump is slimy and has far too many friends in high places. The next few years will be extremely interesting.
It couldn’t be used against states, and it can’t really become a substitute for our politics, which have to solve the question of state legislatures suppressing votes. The Voting Rights Act used to do that, with its preclearance requirements under Section 5. But that was gutted by SCOTUS.
Thank you Jay again for explaining so well all the legal language. Knowledge is power. The wingnuts have always wanted to suppress knowledge. Keep them dumb and they wont vote or they'll vote against their best interest. Look at what happened to the 16 fake electors that blindly followed the piper. I have hope this generation of young people will come out and vote. They grew up surrounded by and with access to information. They seem to know B.S. when they see it.
I don’t live in, or have even been to, Michigan. However, I am signed up to receive Dana Nessel’s newsletter because she is always right on and it inspires me to keep the faith that our country is not completely doomed. The top three women in Michigan are a fierce trio and I love watching them govern your beautiful state. I know I will make my way there from the left coast for a visit in my lifetime.
There is every indication that the Justice Department is getting it right- a veritable treatise on law and its application. Let's hope this isn't just a laudable academic exercise on display for the reality-based community- that the majority of the people may still consent to be governed by genuine law and order, that some of those ensnared within group delusion have some tether to reality that might be accessed to allow for a rejuvenation of relative normalcy and a relegation of vexatious and malignant absurdity to the deepest shadows.
Here's a fun thought: DeSantis could be charged under the same law, because after the People of Florida voted to restore voting rights to ex felons, he added conditions to that action and made it impossible to determine when those conditions were met, and then had black voters imprisoned after they were told by the state they could vote, and did so, but by his assessment they had not met his conditions. I would pay to see these two sitting together in a courtroom in matching jumpsuits and bracelets
I apologize for my comment the previous day. I just want that on the record.
This statute looks very interesting. This means that anyone in any state could be charged under these sections if they tried to disenfranchise voters. I could see hundreds of cases coming down the pike if the Justice Department wanted to.
They will want to use this judiciously, and not get into gray areas where freedom of speech of legislative privilege comes into the picture, I should think. It should be reserved for cases of cheating and fraud in elections where applied.
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same…
They shall be fined under this title or imprisoned not more than ten years, or both"
Now, that describes "perfectly" the case for fed. prosecution in GA, for sure. Maybe SC Smith and DA Willis will go halvesies
This is a federal law, so it’s not applicable in a state case, but Fani Willis has other options including State RICO and election interference laws that would apply.
Understood, but my point is that there was enough alleged criminal wrongdoing in GA following the 2020 elections to allow both state and fed prosecutors to put an oar in and conduct separate but overlapping trials.
Thank you for your clear and insightful explanations of legal statutes. As a retired high school English and AP English teacher, I recognize you as a master teacher to all who are eager to learn from you! Knowledge is power, so thank you for sharing yours!
I’d like to know if the dismantled USPS mailboxes (right before the election) were also part of this scheme to disenfranchise and limit democratic voters. I recall seeing photos of blue mailboxes being towed away on trucks, upon orders of the Trump-appointed postmaster general.
He has a plausible business case for that. It is purest unadulterated BS, but he'll say he was just doing his job, and it would be impossible to prove otherwise.
What all this points to is a solid case for we, the people vs Donald Trump.
I feel that there is a good case here, yes.
Also, at the "Just Security" blog, the legal minds there discuss the potential §241 prosecution, along your lines:
https://www.justsecurity.org/87330/unpacking-the-surprise-crime-in-dojs-target-letter-to-trump/
I just hope, with all my being, that slippery snake gets caught and attended to permanently.
Jay, could 242 be used against states that have attempted to disenfranchise black voters by closing polling places in black neighborhoods? If so, why hasn't the Justice Dept. pursued this already?
Also, thanks for this. It appears the Justice Dept. has a slam-dunk case but Trump is slimy and has far too many friends in high places. The next few years will be extremely interesting.
It couldn’t be used against states, and it can’t really become a substitute for our politics, which have to solve the question of state legislatures suppressing votes. The Voting Rights Act used to do that, with its preclearance requirements under Section 5. But that was gutted by SCOTUS.
That's a shame, but thanks for clarifying.
Thank you Jay again for explaining so well all the legal language. Knowledge is power. The wingnuts have always wanted to suppress knowledge. Keep them dumb and they wont vote or they'll vote against their best interest. Look at what happened to the 16 fake electors that blindly followed the piper. I have hope this generation of young people will come out and vote. They grew up surrounded by and with access to information. They seem to know B.S. when they see it.
I don’t live in, or have even been to, Michigan. However, I am signed up to receive Dana Nessel’s newsletter because she is always right on and it inspires me to keep the faith that our country is not completely doomed. The top three women in Michigan are a fierce trio and I love watching them govern your beautiful state. I know I will make my way there from the left coast for a visit in my lifetime.
There is every indication that the Justice Department is getting it right- a veritable treatise on law and its application. Let's hope this isn't just a laudable academic exercise on display for the reality-based community- that the majority of the people may still consent to be governed by genuine law and order, that some of those ensnared within group delusion have some tether to reality that might be accessed to allow for a rejuvenation of relative normalcy and a relegation of vexatious and malignant absurdity to the deepest shadows.
May the DOJ succeed.
Here's a fun thought: DeSantis could be charged under the same law, because after the People of Florida voted to restore voting rights to ex felons, he added conditions to that action and made it impossible to determine when those conditions were met, and then had black voters imprisoned after they were told by the state they could vote, and did so, but by his assessment they had not met his conditions. I would pay to see these two sitting together in a courtroom in matching jumpsuits and bracelets
If TFG is convicted anywhere, his Florida residency may make it impossible for him to vote. 😁 Thinking of this gives me a warm feeling...
Hadn't thought of that.
Thank you for explaining the meaning of the statutes in terms that I as a lay person can understand.
I apologize for my comment the previous day. I just want that on the record.
This statute looks very interesting. This means that anyone in any state could be charged under these sections if they tried to disenfranchise voters. I could see hundreds of cases coming down the pike if the Justice Department wanted to.
They will want to use this judiciously, and not get into gray areas where freedom of speech of legislative privilege comes into the picture, I should think. It should be reserved for cases of cheating and fraud in elections where applied.
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same…
They shall be fined under this title or imprisoned not more than ten years, or both"
Now, that describes "perfectly" the case for fed. prosecution in GA, for sure. Maybe SC Smith and DA Willis will go halvesies
on this one.
This is a federal law, so it’s not applicable in a state case, but Fani Willis has other options including State RICO and election interference laws that would apply.
Understood, but my point is that there was enough alleged criminal wrongdoing in GA following the 2020 elections to allow both state and fed prosecutors to put an oar in and conduct separate but overlapping trials.
Love the explanation! Thanks
Thank you for your clear and insightful explanations of legal statutes. As a retired high school English and AP English teacher, I recognize you as a master teacher to all who are eager to learn from you! Knowledge is power, so thank you for sharing yours!
Justice has to be slow, but it can definitely be brought to bear.
Justice may be slow, but it sure will be awesome!
Hope springs eternal. Time will tell.
I’d like to know if the dismantled USPS mailboxes (right before the election) were also part of this scheme to disenfranchise and limit democratic voters. I recall seeing photos of blue mailboxes being towed away on trucks, upon orders of the Trump-appointed postmaster general.
He has a plausible business case for that. It is purest unadulterated BS, but he'll say he was just doing his job, and it would be impossible to prove otherwise.
Wow!!! Thanks for explaining this important info 💗