Extremely Hostile Ultra Right Wing 5th Circuit Court Strikes Again

Yours Truly has repeatedly warned you about the ultra right wing 5th Circuit Court of appeals that is extremely hostile to poor minority litigants. The running joke in the Texas, Louisiana and Mississippi region which the 5th Circuit Court covers is that if you are not a rich white Republican advocating some Republican party ideals(2nd amendment, anti-abortion etc) your petition will fall on deaf ears.

Now the extremely hostile 5th Circuit Court has struck again, this time ruling against the time honored, universally accepted Brady Rule which the U.S. Supreme Court instituted in 1963 requiring prosecutors to share exculpatory information with criminal defendants.


This opens the door wide open for all kinds of prosecutorial abuses the Brady Doctrine was meant to cure. It also sets the Texas, Louisiana and Mississippi region back to the path of mass incarceration which even prominent Republicans agree disproportionately affects minorities, especially blacks.


Yours Truly has repeatedly said the 5th Circuit Court and its associated district courts are not courts of law but rather branches of the GOP advancing GOP ideals, in this case mass incarceration–profit from imprisoning/detaining as many minorities as possible. Yours Truly suggests that the U.S. Supreme Court either (1)abolish the bogus 5th Circuit Court or (2) create a provision where indigent pro se litigants in TX, LA and MI are allowed to file complaints in other circuits or (3) most preferred option–create a mechanism outside the judicial misconduct process where litigants can air their complaints/frustrations about their experiences at the 5th Circuit Court that would be shared with other federal circuit courts of appeal and the U.S. Supreme Court. This would be similar to the complaints hotline most companies have for disaffected customers. As a wise man once said, sunlight is the best disinfectant.

There is no reason to have a court that is extremely hostile to indigent pro se litigants when the vast majority of cases in TX, LA, and MI involve indigent pro se litigants. The 5th Circuit Court and its associated district courts should be left to handle cases from rich white Republicans, the court’s preferred/favored litigants.

So you ask, “But @Emolclause, how is this relevant to the #TheResistance? You’ve really veered into la la land with this 5th Circuit stuff.” Well here’s why it is relevant, very relevant. We are currently engaged in a major fight over the U.S. Supreme Court(Brett Kavanaugh). It is very important for people to realize that what Republicans have already done with state courts and federal courts like the 5th Circuit Court, they now intend to do with the U.S. Supreme Court–transform the U.S. Supreme Court into yet another GOP outpost for rubber stamping the Republican party agenda. In other words the Texas Supreme Court, Texas Court of Criminal Appeals, the 5th Circuit Court and its associated district courts are no longer courts of law in the traditional sense but rather outposts of the Republican party. Republicans want to do the same with the U.S. Supreme Court and you should be terribly worried.

Bottom line our job is to fight like hell to ensure the courts remain an independent third branch of the government like the framers intended and not subservient outposts of any political party.

For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out




Sen Collins Says Kavanaugh Lies Are A “Major Problem”


Sen Susan Collins, one of the Republicans considered likely to vote against Kavanaugh’s confirmation has provided the strongest hint yet that she has not yet made up her mind on Kavanaugh but more importantly, that she could be a NO vote.

When a Maine newspaper asked her about Kavanaugh’s lies under oath during his confirmation hearings to the DC Circuit Court, and specifically as relates to Judge Pryor’s “vetting”,  Sen Collins responded that she was not aware of the issue but added, “If in fact (Kavanaugh) was not truthful, then obviously that would be a major problem for me.”

This is very encouraging news for anti-Kavanaugh liberals because as Senator Collins will soon find out, Kavanaugh has not only lied to congress, he has serially lied to congress under oath–felonies!!


Yes Senator Collins, this should be a major problem for you and your fellow GOP Senators thinking of elevating Kavanaugh to the U.S. Supreme Court.

Bottom line, Mainers should keep up the pressure on Sen Collins. Yours Truly foresees a NO vote in the horizon by Sen Collins and possibly Sen Murkowski over Kavanaugh lies. A luta continua!!

For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out




Senate Judiciary Republicans Hiding Crucial Kavanaugh Documents


Republican Senators in the Senate Judiciary Committee are apparently blocking efforts by Democrats to get documents about U.S. Supreme Court nominee Brett Kavanaugh during the time he worked for the George W. Bush administration as White House Staff Secretary for 3 years. At issue is whether Kavanaugh lied to Congress about his role in crafting the Bush administrations harsh interrogation techniques(torture) for terrorists.


When Kavanaugh appeared before Congress for his confirmation hearings to the U.S. Court of Appeals for the DC Circuit, he denied playing any advisory role in the crafting of the torture techniques. After he was confirmed to the DC Circuit Court however, evidence emerged suggesting he had indeed advised the Bush administration on the torture procedures. Even more troubling, as a judge on the federal appeals court he heard cases that dealt with the same torture techniques he helped craft but he did not recuse himself, as any credible judge would

Naturally the Democrats in the senate judiciary committee are very interested in documents from the Bush administration that would settle the issue as to whether Kavanaugh lied to congress or not. Lying to congress is after all a felony and if it can be shown that Kavanaugh knowingly engaged in felonious conduct, he should not be confirmed to the U.S. Supreme Court. As a matter of fact if this can be proven, he should never have been confirmed to the federal appeals court in the first place.

It appears the Republicans in the senate judiciary committee have realized that such a revelation–that Kavanaugh lied to congress–could torpedo his confirmation and as expected, have started a shameful stonewalling campaign.

According to the Rachel Maddow Show(clip above), GOP senators in the senate judiciary committee have stonewalled so much, that Dem senators have resorted to seeking Kavanaugh documents using Freedom of Information Act(FOIA) requests. As Maddow correctly points out, U.S. Senators have never been forced to resort to FOIAs in their quest for information. As a matter of fact, senate judiciary Republicans during the confirmation hearings for U.S. Supreme Court Justice Elena Kagan sought and received all documents related to her work under the Obama administration

Bottom line Dems must call out Republicans in the senate judiciary committee for stonewalling on the crucial kavanaugh documents. There is absolutely no excuse for their conduct given the fact that senate judiciary republicans sought and received all documents related to Justice Elena Kagan’s work in the Obama administration

For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out