November 27, 2024

Information reaching Kossyderrickent has it that Justice Clarence Thomas celebrates 75th birthday ttoday. (Read More Here).




According to information, Republicans are the only ones celebrating the birthday of Clarence Thomas… 


But that’s only because a lot of people may have not been following the slow-motion disaster that has been unfolding in one of the less followed cases, Jones v. Hendrix. Jones involves a highly technical sounding, but practically significant, issue about when federal courts may correct wrongful convictions and wrongful sentences.


Essentially the case involves this scenario: What if it turns out that the federal courts that heard your criminal case made a mistake? And as a result of the courts’ mistake, you were convicted of something that isn’t actually a crime at all (because federal law doesn’t prohibit what you did), or, as a result of the courts’ mistake, you were sentenced to more time in prison than the law says you can be sentenced to? Can a federal court later correct the error in a federal habeas corpus proceeding when you challenge your conviction or sentence?


The ex-Pence adviser, Greg Jacob, is testifying in the attorney ethics proceedings for Eastman, whom the California Bar is seeking disbarred because of the role Eastman played in Trump’s bid to overturn the 2020 results.


Jacob recounted how he countered Eastman’s belief, during a January 5, 2021, meeting, that Thomas might vote in favor of the idea that Pence, as vice president, had the authority to disrupt Congress’ certification of Biden’s electors.



Jacob said he pointed to a specific decision – regarding congressional term limits – where Thomas’ dissent showed that the justice took strict view the Constitution’s enumerated powers and how the position Eastman was advocating for lacked a historical record that would be needed to attract Thomas’ support.


“So, in light of all of that, he then conceded, ‘Okay, you’re right. I don’t think Clarence Thomas would vote that way,’” Jacob testified, adding that Eastman, however, continued to put forward the possibility that the Supreme Court would refuse to even hear the case because it involved a supposed “political” question.


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