“Plainly Erred”: Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case

D.C. Circuit Judge Reggie Walton recently caused a stir in Washington after doing an interview with CNN in which he rebuked former President Donald Trump for his criticism of judges and their family members. Now, Judge Walton has been criticized by the United States Court of Appeals for the District of Columbia for a surveillance order of the computer of a January 6th defendant to detect any spreading of “disinformation” or “misinformation.”

Critics charged that Walton’s interview with CNN ran afoul of Canon 3A(6) of the Code of Conduct for United States Judges, which states: “A judge should not make public comment on the merits of a matter pending or impending in any court.”

The issue of these public statements by Trump is currently pending before both state and federal courts, including proceedings in the District of Columbia. At a minimum, Judge Walton’s interview showed poor judicial judgment and only reaffirmed the distrust and suspicion of many over the independence of the court system in addressing these controversial cases.

Judge Walton previously called Trump a “charlatan,”  and said that “I don’t think he cares about democracy, only power.”

I have previously criticized Trump for public comments against judges and believe that such matters should be primarily raised in court filings. Nevertheless, I have serious objections to the scope of these gag orders on free speech grounds, particularly before an election that could turn in large part on allegations of the weaponization of the legal system. Moreover, we now have a judge who feels the same license to make such criticisms in the media despite the ongoing litigation of these matters.

That alleged transgression, however, pales in comparison to a failure to protect the rights of this defendant from the abusive or unsupported surveillance of the government.

The order reflects the utter impunity shown by the Justice Department in its pursuit of January 6th defendants.  Justice Department official Michael Sherwin  proudly declared in a television interview that “our office wanted to ensure that there was shock and awe … it worked because we saw through media posts that people were afraid to come back to D.C. because they’re, like, ‘If we go there, we’re gonna get charged.’ … We wanted to take out those individuals that essentially were thumbing their noses at the public for what they did.”

Sherwin was celebrated for his pledge to use such draconian means to send a message to others in the country. (Sherwin has left the Justice Department and is now a partner at Kobre & Kim).

The surveillance of the computer shows that the Justice Department continues to act with a sense of utter impunity, particularly when judges are willing to blithely sign off on such orders.

The case involved Daniel Goodwyn, 35, of Corinth, Texas, who pleaded guilty on Jan. 31, 2023, to one misdemeanor count of entering and remaining in a restricted building or grounds without lawful authority. That is a relatively minor offense but Walton imposed a 60-day jail sentence in June 2023.

Walton reportedly noted that Goodwyn spread “disinformation” during a broadcast of “Tucker Carlson Tonight” on March 14, 2023 and ordered that Mr. Goodwyn’s computer be subject to “monitoring and inspection” by a probation agent to check if he spread Jan. 6 disinformation during the term of his supervised release.

As a condition for supervised release, the Justice Department was reportedly seeking evidence on the defendant’s political opinions and Walton felt that that was fine. The appellate judges (Gregory Katsas, Neomi Rao, and Bradley Garcia) did not: “The district court plainly erred in imposing the computer-monitoring condition without considering whether it was ‘reasonably related’ to the relevant sentencing factors and involved ‘no greater deprivation of liberty than is reasonably necessary’ to achieve the purposes behind the sentencing.”

The order indicates that Judge Walton ignored long-standing precedent from 2010 on justifying such surveillance. He could reissue the order in compliance with the precedent, but will have to establish a record and rationale for allowing the government to conduct this search.

We previously discussed judicial orders that conditioned bail for January 6 defendants on their not listening to certain conservative figures. Defendants were asked to publicly declare that they no longer believed certain conspiracy theories or ideological viewpoints, a condition that raises troubling free speech questions.

The Walton order to monitor “disinformation” or “misinformation” is particularly chilling given the controversy over such terms. What people consider to be disinformation is often heavily laden with political judgments and subjectivity. Moreover, allowing the government to monitor communications to detect alleged disinformation creates a perfectly glacial chilling effect.

The Walton order indicates that the government is still demanding to monitor the political readings and communications of January 6th defendants — and to condition their release on avoiding exposure to certain viewpoints.

198 thoughts on ““Plainly Erred”: Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case”

  1. “Defendants were asked to publicly declare that they no longer believed certain conspiracy theories”. Yes Commrade judge, my beliefs now coincide with The State.

    1. When these public declarations are demanded, perhaps the defendants should simply reply that they do not believe 2 + 2 = 5…

  2. Of course only Democrats know what is, or is not,
    disinformation. There are numerous examples of their ‘expertise’ in this field, starting with the J6 Committee, Covid public health restrictions and treatments, and current economic metrics. We should be thankful for Democrat honesty. (sarc)

  3. Here is another instance of “DC Justiuce”.
    A 71 year old Colorado great-grandmother, who was in the Capitol on January 6, was convicted by a DC jury on four misdemenor counts of “entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a capitol [sic].” https://gazette.com/news/crime/verdict-colorado- springs- area-resident-found-guilty-on-all-charges-in-capitol-breach-trial-in/article_41e439fe-f0fc-11ee-9887-4fc0904851b5.html See also https://coloradosun.com/2024/04/05/rebecca-lavrenz-falcon-jan-6-riot/
    It appears that film footage confirmed her account that she was in the Capitol Building for only 10″ and spent her time praying!
    She can be sent to jail for up to 1 year and be fined up $200k. She had seven witnesses testifying on her behalf; the prosecution called four witnesses, who all seem to have been lawyers from the U S Attorney’s Office who “testified” that her actions were unlawful. I would call this a Kangeroo Court, but the term is insufficient. This is the Democratic Party Police State in action.
    If Trump takes office next January, someone should remind him that the DC Circuit is not a consitutional court. It is established by federal statute. It can be abolished and should be.

    1. Mark felt sorry for the ad hominem attsck, but probably won’t recant. Try facts, not faces, Mr. McFelty.

  4. One may safely infer that this was a racist act, not one of rational, impartial, and objective assessment and adjudication.

    Abraham Lincoln was a brilliant man; a Great American.
    ____________________________________________________________

    “[There] is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality.”

    – Abraham Lincoln
    _____________________

    Lincoln-Douglas Debates of 1858

    In 1858 Lincoln was nominated by the newly-formed Republican Party to challenge Steven Douglas, a Democrat, for his Illinois seat in the US Senate. During the campaign, “Little Giant” Douglas focused on the emotion-charged issue of race relations. He accused Lincoln, and Republicans in general, of advocating the political and social equality of the white and black races, and of thereby promoting racial amalgamation. Lincoln responded by strenuously denying the charge, and by arguing that because slavery was the chief cause of miscegenation in the United States, restricting its further spread into the western territories and new states would, in fact, reduce the possibility of race mixing. Lincoln thus came close to urging support for his party because it best represented white people’s interests.

    Between late August and mid-October, 1858, Lincoln and Douglas travelled together around the state to confront each other in seven historic debates. On August 21, before a crowd of 10,000 at Ottawa, Lincoln declared:[17]

    I have no purpose directly or indirectly to interfere with the institution of slavery in the states where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.

    He continued:

    I have no purpose to introduce political and social equality between the white and black races. There is physical difference between the two which, in my judgment, will probably forever forbid their living together upon the footing of perfect equality, and inasmuch as it becomes a necessity that there must be a difference, I, as well as Judge Douglas, am in favor of the race to which I belong having the superior position.

    Many people accepted the rumors spread by Douglas supporters that Lincoln favored social equality of the races. Before the start of the September 18 debate at Charleston, Illinois, an elderly man approached Lincoln in a hotel and asked him if the stories were true. Recounting the encounter later before a crowd of 15,000, Lincoln declared:[18]

    I will say then that I am not, nor ever have been, in favor of bringing about in any way the social and political equality of the white and black races; I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people.

    He continued:

    I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I, as much as any other man, am in favor of having the superior position assigned to the white race.

    – Robert Morgan

  5. Jonathan: On April 22 Judge Engoron will hold a hearing on the legitimacy of the $175 million posted by DJT’s billionaire friend Don Hankey. It should prove very revealing. But there is an interesting twist on the story about the bond.

    When DJT appealed the original bond of $464 million to the NY Court of Appeals in mid-March he claimed it was an “impossible bond requirement”, saying he’d been rejected by 30 different bonding companies. Based on DJT’s representations the judge reduced the bond to $175 million. It may be that DJT misled the court. What’s that about?

    It appears DJT may have already had a promise from Hankey to put up a bond for the full amount of $464 million. Hankey told ProPublica: “I saw that they were rejected by everyone, and I said, ‘Gee, that doesn’t seem like a difficult bond to post'”. Hankey also said he was willing to use DJT’s real estate as collateral–something legitimate bonding companies will not accept.

    The Q is whether Hankey made such a proposal to DJT and his lawyers before or at the time they were claiming before the NY Appellate judge that DJT couldn’t put up the money for the bond for the full amount. Why does it matter? Because if DJT’s lawyers did know Hankey was prepared to foot the bill for the full bond amount, and didn’t advise the court, that would be a violation of ethics Rule 3.3 of NY’s Rules of Professional Conduct and a fraud on the court. Even if DJT’s lawyers only became aware of Hankey’s offer after the fact, they still had a duty to take “reasonable remedial measures” under Rule 3.3 to inform the court and disclose a known falsehood.

    No doubt Judge Engoron will sort out all of this at oral arguments on April 22. But for Hankey it’s a nightmare. His lawyers now have to explain what happened, to provide Engoron with details about the bond arrangement and about the financial conditions of his bonding company–everything Hankey doesn’t want exposed about his privately held company.

    But Hankey suffers from the same malady as DJT. He runs his mouth when he should just stay mum. Personally, I think Hankey is now having second thoughts about getting in bed with someone who can never tell the truth–about anything!

    1. Dennis,
      How well have your other claims gone for you ?

      Not only did the NY court of appeals knock down the bond amount but they issues numerous “temporary” rulings that required them to decide that Trump is likely to prevail on appeal.

      You and James are ranting over a bond that is something like 1/100th of the combined Wealth of Hankey and Trump.

      BTW you keep trying to paint Hankey as some far right nutjub – but he has made significant political contributions to democrats.

      Regardless – the case is before the apeals court now – Judge EnMoron can engage in more illegal chickanery if he wishes – but he does not have jurisdiction anymore. Further the bond is posted with the appeals court – not EnMoron.

      Yes we all know that you James and EnMoron are throwing a hissy fit because Trump managed a bond.

      1. John Say: I don’t make “claims” I cannot back up with facts. Notice in my previous comment I did not “claim” DJT’s lawyers were aware of Hankeys’ statement that he was prepared to post the entire $464 million bond. Hankey’s public statements raise the issue that needs to be addressed. I would expect AG James is investigating that Q.

        Except for reducing the bond amount what “temporary” rulings did the Appellate Division make in the case? Please explain.

        And I am not “ranting” over the bond. Whatever the combined wealth of Hankey/DJT that is irrelevant to the Q of whether Hankey’s bonding company is registered to do business in NY and has adequate “surplus” reserves under NY law to pay the bond if DJT loses his appeal.

        And I am not attempting to “paint Hankey as some far right nutjub (sic)”. Hankey is a smart businessman worth about $8 billion. But he has publicly stated he is a supporter of DJT and has contributed to his campaign. But you “claim” Hankey has “made significant political contributions to democrats”. Please back up your claim by indicating what Democrats has Hankey contributed to and in what amounts?

        The final Q for you is if Judge Engoron no longer has “jurisdiction” over the case how do explain the hearing he has ordered for April 22? No, Engoron still has jurisdiction over the entire case until the Appellate Division takes up the appeal during the September term. If the AD overturns the judgment ONLY then will Engoron lose jurisdiction. If the AD affirms the judgment, except for maybe reducing the total judgment amount, then Engoron retains jurisdiction to supervise DJT’s businesses in NY, through Barbara Jones and the court monitor, over the next 3 years to ensure DJT’s companies do not engage in further business fraud.

        When it comes to making spurious “claims” you are at the top of the list on this blog!

    2. Judge EnMoron is NOT entitled to dig into whatever he wishes. The Bond is secured – if EnMoron actually had jurisdiction – that would be ALL he was entitled to enquire about.

      You note that Hankey’s company is privately held – that means that Hankey is o9n the hook for the liabilities of the company – Hankey is worth 7.4B – In addition to everything else Hankey’s company is secured by that $7.4B.

      You say EnMoron scheduled a hearing – Trump and Co can do as they wish – but they may refuse to show up. Let EnMoron issue another stupid order for the Appeals court to strike.

    3. You keep spewing about something you are clueless about – Bonding companies – and specifically bonding companies associated with the court take real estate as collateral ALL THE TIME.

      My wife is a public defender – nearly all her clients have their mom, or grandmother provide the deed to their home as collateral for a bail bond. Once in a while some criminal defendant jumps bail – and their mother or grandmother loses their home.

      Do you actually think befofe you post – or do you just regurgitate clueless nonsense from Rachel Maddow ?

    4. Dennis,
      You do understand that you are actually trying to argue that Judge EnMoron is entitled to attempt to Bankrupt Trump in order to prevent an appeal ?

      Except your argument is stupider than that. There is never been any doubt – except in your head that Trump has more than enough assets to cover even the original judgement.

      The only question is whether Trump is liquid enough to do so in the 22 days EnMoron allowed.

      Trump was never going bankrupt.

      No one But EnMoron thinks that MAL alone is worth less than $1B and many estimates are as high as $2B.

      I have no idea what James and EnMoron actually intended.
      But I and much of the country see this is the efforts of an idiot judge and Prosecutor to game the law to prevent an appeal of a decision that was lawless.

    5. Trump’s appelate briefs is docketed – unlike much of the nonsense that Merchan is engaged in.

      Before you accuse Trump and his lawyers of sworn false statement – maybe you should read what they actually wrote.

    6. Dennis,
      You do understand that all this lawfare is just assuring Trump’s victory in November ?

      I do not know if the Bragg trial will go forward – but if it does Trump has already won. Regardless of the outcome Merchan has been exposed as Corrupt.

      Like Joe he has used his office to benefit his family.

      You keep talking about legal ethics. While not only are left wing nut lawyers – but even left Judges busily burning their ethics to the ground.

  6. Another interesting issue relating to a federal judge (although unrelated to this issue) has popped up in the media over the past few days. A retired Clinton appointed judge (Southern District of New York), Shira Ann Scheindlin, has made an important point regarding Trump’s latest motion to have Judge Juan Merchan to recuse himself from the so-called New York “hush money” case.

    https://www.cnn.com/videos/politics/2024/04/06/shira-scheindlin-trump-hush-money-judge-merchan-motion-src-vpx.cnn

    While the attempt is likely futile, the filing is not frivolous in that one of its foundation arguments is a state law (New York Judiciary Law § 14 – I think?) which reflects directly of the paid social media work for democrat candidates in which Merchan’s daughter engages. According to Scheindlin the statute essentially says :“A judge must disqualify himself if a person known by the judge to be within the sixth degree of relationship has an interest that could be substantially affected by the outcome of the proceeding.” A daughter is considered a first degree relationship with respect to the stature. And clearly, Merchan’s daughter earns income from commentary provided to Democrat fundraisers who are eager to comment of any of Trumps misfortunes.

    I don’t care one way or the other what happens in this silly case. If Trump loses, as he likely will, it’s unlikely the ruling will be upheld on appeal for obvious reasons.

    Nevertheless, what does interest me is the clear “reasonable doubt” imperative the New York statute imposes if (read when) Merchan refuses to recuse himself. It’s also not insignificant that Scheindlin, who emphasized this to the CNN host interviewing here is not some conservative hack or Trumpian Schill.

    1. First of all, I’ve never heard that she engages in political commentary. Perhaps you mean consulting.

      Either way, her income does not depend on the outcome of the case. She’ll make just as much money if Trump is acquitted as if he is convicted. What’s more, last year when Merchan asked the NY judicial ethics panel about this, he told them she was not working for Al Bragg, and that she’d actually turned down work from him; on that basis the panel said he did not have to recuse himself.

      The same holds true for Ginny Thomas; her income is not affected by any case he has dealt with. If a case ever comes up that directly involves her he will undoubtedly recuse himself, but that’s not likely to happen.

      In addition, there’s another consideration with Thomas: Supreme Court justices are not subject to the usual judicial rules; they have to decide for themselves whether to recuse themselves in any given case, and there is a strong presumption that they should not unless they have to. With other judges there’s a presumption that if there’s even an appearance of a conflict they should play it safe and recuse, and the case will go to a different judge. There is no other judge a SCOTUS case can go to, so they are discouraged from recusing unless in their opinion there’s a real conflict.

  7. Professor Turley Writes:

    The Walton Order To Monitor ‘Disinformation’ Or ‘Misinformation’ Is Particularly Chilling.

    ***

    GOP Rep. Mike Turner said Sunday that Russian propaganda has taken hold among some of his House Republican colleagues and is even “being uttered on the House floor.”

    “We see directly coming from Russia … communications that are anti-Ukraine and pro-Russia messages, some of which we even hear being uttered on the House floor,” Turner, chair of the House Permanent Select Committee on Intelligence, said in an interview on CNN’s “State of the Union.”

    Turner’s comments come on the heels of remarks House Foreign Affairs Committee Chair Michael McCaul made this week about how Russian propaganda has taken root among the GOP.

    McCaul, a Texas Republican, told Puck News that he thinks “Russian propaganda has made its way into the United States, unfortunately, and it’s infected a good chunk of my party’s base.”

    https://www.nbcnews.com/politics/congress/gop-rep-mike-turner-russian-propaganda-uttered-house-floor-rcna146760
    ……………………………………….

    Professor Turley is “chilled”, as usual, not by the spread of disinformation, but by efforts to ‘monitor’ disinformation! Yet we now have 2 House Republicans admitting Russian propaganda resonates amongst their colleagues.

    The entire ‘America First’ movement is a rerun of ‘Fortress America’. That was the Republican ideal 100 years ago.

    After WW I, Republicans decided the U.S. should butt out of Europe’s politics. The U.S. should just stay home, Republicans reasoned, and mind it’s own business.

    Republican-lead governments cut Defense spending to a minimum all through the 1920s. The Great Depression then sapped potential Defense spending for most of the 1930’s.

    So as late as 1940, the U.S. military was still a relic of the 1920’s. Fortress America had failed! The U.S. couldn’t divorce itself from the rest of the world. Though 100 years ago, that idea was more realistic.

    The world is greatly smaller today. As our border now tells us. But that doesn’t mean America can retreat to its borders. Only small-minded leaders think in terms single borders. Like America needs to make its last stand on the Rio Grande!

    America has the strength and wealth to control its borders and remain a global superpower. Any leader telling us we must desert the world, to cover the Rio Grande, is Stooge for Vladimir Putin.

    Donald Trump has millions of Americans thinking Vladimir Putin is the Great White Hope standing up for Christians. As opposed to the atheistic liberals controlling Western Europe.

    So MAGA Republicans keep thinking, “Well Putin’s our guy. He’s more like us than those flaky liberals in Amsterdam.”

    So with that mentality, America should abandon NATO and make its last stand on the Rio Grande. And our real concern should be efforts to monitor disinformation. We don’t want to stymie Russian voices. They’re friends of Donald Trump!

    1. “Yet we now have 2 House Republicans admitting Russian propaganda resonates amongst their colleagues.”

      That should say “Yet we now have 2 House RINOs fraudulently CLAIMING Russian propaganda resonates amongst their colleagues.”

    2. In your world, criticism of us throwing $billions at a fully corrupt NAZI regime
      that has ZERO to do with our national interests is being a “Putin Stooge”.

      What Swamp Department do you work for, “Anonymous?”
      You parrot the line Deep State perfectly. So which one?
      QED

    3. Right. It’s the Russians!! Here we go again.
      Now do China.
      “CCP propaganda” infiltrating Biden’s White House and entire administration and Congress.
      What has Chinese Communist Party gotten for the $30 million it “invested” into traitor Biden’s Crime Family Fake Bank Accounts?

    4. “After WWI, Republicans decided the United States should butt out of European politics.”. Actually, George Washington, Alexander Hamilton and the wisest of the Founding Fathers decided we should keep out of European power politics. Until Teddy Roosevelt and Woodrow Wilson came along, American Presidents followed Washington’s advice. Disregard of Washington’s advice led to the disasters of the 20th century Europe.

      1. Edward, I almost always agree with your comments and I always give you a “like”, but I disagree a bot on this one. To cite Washington or Hamilton with regard to staying out of European affairs is way outdated. Their comments on Europe are not enshrined in the Constitution and don’t have the legal bearing of our founding documents.

        Hitler and WWII taught us about “staying out of European affairs” and it made utter fools out of people like Joseph Kennedy and Charles Lindberg. When it took weeks to get to England or France it was wise to stay out of Europe and their many conflicts, but WWI and WWII showed us that any major conflict will have us in the middle and quite quickly.

        The same people that say stay out of Ukraine because it is not here want us to fight China over Taiwan???? I want to protect Taiwan but if Russia gets stronger and stronger and Iran (fighting Israel, which many also want to abandon) gets stronger it will only make China stronger.

        I like Trump’s policies, he was an effective and competent president, but he is not Ronald Reagan and in fact he is jealous of Reagan. Trump has not once said anything positive about Reagan, isn’t that odd? Reagan defeated our greatest threat without firing a shot by having others fire shots and yet today’s Republicans don’t want to cause Russia any heartburn if ti cost us money. We are spending BILLIONS on ILLEGALS, BILLIONS on student loans, BILLIONS on green garbage and the one place where Republicans get tough is on the fight against Russia.

        Take MTG, Boebert, Getz and a few others and make the party work right. Not McConnell, not other squishes, but guys like Cruz, Rubio and a few others that use their minds once in awhile.

    5. I think you are acting the stooge for making this argument. Our border is a million times more important than any thing else we are facing.

    6. Certainly Russian propaganda circulating, even if you disapprove of it, is a far lesser concern than the US government deliberately violating people’s freedom of speech. If you think it isn’t then you are an enemy of the USA, and if you’re against Russia that creates a strong presumption that supporting Russia is in the USA’s best interest.

      Defending the freedom of speech is the most vital interest the USA can possibly have; defending the Ukraine is so far down the list of priorities that it’s hard to see why it’s in our interest at all. That you think it’s so important means you’re circulating Ukrainian propaganda and misinformation.

    7. I am old and have many republican friends, young and old. Not one appears to believe Putin is not evil. None believe such a simplistic interpretations of Trump’s statements indicate support of Putin. Some have personal or family knowledge of how corrupt the ex-communist country of Ukraine still is. All support the people of Ukraine struggling to remain free. Most agree the weaponization of and by the CIA and FBI is the greatest threat to our freedom.

  8. The biggest spreader of DISINFORMATION is the United States government.
    And their Fake News CIA media.
    And the Communist Democrat Party.
    And Congress.
    And Pelosi/Cheney J6 Committee (Stalinist show trial full of lies)
    And the freakin’ Biden White House.
    And the Dept. of Injustice
    And every 3 letter government agency.
    There is no such thing as “hate speech”….there is only free speech.
    It’s time to be willing to die for your country. Die in prison if need be.
    Just like our fathers before us.
    Many of them still teenagers when they went off to fight and die in World Wars.
    We are in an Information War.
    No one ever complied their way out of tyranny.
    Stand up, speak out, and RESIST the tyranny of the Left!
    Spread the Truth no matter how hard they try to Censor it.
    Wear your Trump MAGA gear! Wear you FJB gear! Shove it in their faces.
    Tell judges like Reggie here to F offf and DEMAND that he step down in shame.
    FREE the J6 HOSTAGES!
    FREE Dr. Peter Navarro!

    1. The United States is now functioning as a 3rd world banana republic without Rule of Law.
      Our government has become HOSTILE against its own citizens, jailing political opposition.
      The black robes mean nothing. Their robes can no longer hide their contempt.
      The “justice” system in not just; it has lost the faith & trust of the people.
      It is losing its legitimacy. As are our elections.
      These judges are openly flouting law, ruling as political ideologues, ruling by force.
      The FBI is actively intimidating the regime’s political opposition. It is acting as the Secret Police, the Stasi, Biden’s Gestapo.
      For those who still foolishly believe it can’t happen here, wake up, bc it IS happening here.

      1. The singular American failure is the judicial branch, with emphasis on the Supreme Court.

        Impeachment and conviction must have been effected long, long ago; 1860, to be more precise.

  9. The Walton order indicates that the government is still demanding to monitor the political readings and communications of January 6th defendants — and to condition their release on avoiding exposure to certain viewpoints.

    The Deep State and Biden’s Government just cant stop undermining the US Constitution nor Democracy. Likewise Democrats cant stop interfering in the political affairs of other countries much as they accused Trump with the Russians. Today’s WSJ reminds readers of excellent historical events, as if we needed them given the Democrats present Leftward lunge, in how Democrats allowed foreign and domestic people to die, all because of politics. Their politics, like with Judge Walton, are dogma. They will not deviate from their blood lust for power regardless of human sacrifices. The Aztecs look like amateurs compared to the brutal rituals in which Democrats engage to further their nihilism. They should be thwarted at every turn but especially in 2024 elections. Democracy is not only at stake, but as the UK Telegraph noted yesterday, authoritarianism is upon us. The abdication of objective truths and moral judgments hold supreme, relying instead on subjective feelings and appetites like that of Judge Walton

    Soon Israel, per the CIA, will be attacked by Iran. Democrats are enabling the elimination of Jews by kowtowing to terrorists especially to lies from Hamas. Birds of a feather

    Democrats Play Into Hamas’s Hands

    Mrs. Pelosi joins Democratic Sens. Chris Van Hollen, Bernie Sanders and others in urging conditions on U.S. support unless Israel obeys their military commands. Majority Leader Chuck Schumer has ordered the Israeli people to elect a new government, pronto……Democrats have a history of abandoning friends in hard times. Their aid cut to South Vietnam in 1975 doomed millions to re-education camps or death in rickety boats on the South China Sea. Democrats were gung-ho for the Iraq war before the going got tough, and they opposed the crucial and successful 2007 U.S. troop surge. The flight from Afghanistan has led to the revival of ISIS-K and the re-oppression of women and girls.

    https://www.wsj.com/articles/democrats-play-into-hamass-hands-israel-war-weapons-c079fb94

  10. Off tiopic: Less than 24 hours until the big solar eclipse happens here in Cleveland, and the Internet is all abuzz with tips on how, whdn, and where to watch it. I haven’t been this excited since that time my neighbor told me he was thinking about buying a new lawn mower and then decided to get the old one fixed instead.

      1. If only. Alas, this is just another alcohol holiday — one more excuse for another 3-day weekend — because Lord knows, we don’t have enough of those already. By tomorrow evening, the highways will be littered with beer cans and traffic accidents, and a few emergency rooms will be treating drunks with scorched retinas.
        Happy Eclipse Eve, everyone!

    1. Beware of the Bakunawa (Philippines)

      The Bakunawa is also sometimes known as Naga, from syncretization with the Hindu-Buddhist serpent deity, Nāga. It was also syncretized with the Hindu-Buddhist navagraha pair, Rahu and Ketu, deities who were responsible for eclipses of the sun and moon, respectively.

      The indigenous Bakunawa, a serpent-like moon-eating creature in Philippine mythology, was syncretized with the Nāga. It is believed to be the cause of eclipses, earthquakes, rains, and wind. The movements of the bakunawa served as a geomantic calendar system for ancient Filipinos and were part of the shamanistic rituals of the babaylan. It is usually depicted with a characteristically looped tail and was variously believed to inhabit either the sea, the sky, or the underworld. However, the bakunawa may have also syncretized with the Hindu deities, Rahu (solar) and Ketu (lunar), the navagraha of eclipses.

      Astronomically, Rahu and Ketu denote the points of intersection of the paths of the Sun and the Moon as they move on the celestial sphere, and do not correspond to a physical planet.[6] Therefore, Rahu and Ketu are respectively called the north and the south lunar nodes. Eclipses occur when the Sun and the Moon are at one of these points, giving rise to the mythical understanding that the two are being swallowed by the snake. Hence, Ketu is believed to be responsible for causing the lunar eclipse.[
      https://en.wikipedia.org/wiki/Bakunawa

      Rahu (Solar eclipse)
      https://en.wikipedia.org/wiki/Rahu

  11. Jonathan: It is unusual when a sitting Republican appointed judge, like Judge Walton, speaks out on issues of public concern. But dangerous times call and demand that judges speak out.

    In an interview on CNN Judge Walton said this: “I think it is important that, as judges, we speak out, and say things, and reference things that conceivably are going to impact the process. Because if we don’t have a viable court system, that’s able to function efficiently, then we have tyranny”. He went on: “…it is very troubling, because I think it is an attack, on the rule of law, when judges are threatened, and particularly when their family is threatened…”

    Judge Walton is familiar with threats to judges. He and his family have been threatened. Since Jan. 6 threats to federal judges have doubled–from 224 in 2021 to 457 in 2023–especially against judges presiding over cases involving the Jan. 6 insurrectionists. In addition, Justice Engoron received a bomb threat against his home. A Texas woman was arrested and charged with making a death threat against federal judge Chutkan.

    And Judge Walton has not been the only one to speak out about threats on the judiciary. US District Court Judges Royce Lambert and Thomas Hogan, both appointed by Ronald Reagan, have also spoken out publicly. So when Republican appointed judges speak out about attacks on the rule of law and the court system you know there is a serious problem that needs to be addressed.

    In the CNN interview Judge Walton was not making a “public comment on the merits of a matter pending or impending in any court” under Canon 3A(6). He was speaking in general about threats to judges and their families. While Walton was clearly referring to DJT’s attack on judges and their family members he was not discussing or opining on any of DJT’s pending cases. But you are suggesting someone should file an ethics complaint against Judge Walton. On cue, Mike Davis, president of the “Article III Project”, filed a complaint against Judge Walton this week. Davis thinks no judge should publicly come out against DJT’s continued threats against judges and their family members.

    And who is Mike Davis and the A3P? Davis is a former clerk for Justice Gorsuch. He was instrumental in pushing through Gorsuch’s nomination as well as those of Brett Kavanaugh and Amy Comey Barrett. The goal of A3P is to appoint nothing but right-wing judges to the SC. Davis opposed the nomination of Justice Jackson. A3P published the “Jackson Docs” on their website, making false and misleading statements that Jackson “has a well-documented 25-yr history of extreme leniency for sex predators of kids”.

    Believe it or not, Jonathan, but judges also have “free speech” rights. They are free to speak put publicly about issues of concern to them and the public. But you and Mike Davis think Judge Walton should be silenced because he is willing to stand up for the rule of law and the integrity of the judicial system. That’s not what I learned in law school–something you forgot about years ago when you signed up to defend DJT! Frankly, I think we need more judges like Judge Walton!

      1. Anonymous: And where did you go to law school? Those who live in glass houses should not throw stones! You demonstrate every day how much “trash” you can throw around without even discussing the issues!

        1. Just curious, isn’t our bill of rights designed to protect us from the government. And aren’t all citizens granted this protection. Even ex presidents.

        2. At a far, far superior institution, with far, far superior students than whatever muffler shop you attended.

          You are trash.

        3. Dennis is too brainwashed to ‘discuss’ the issues. He can’t hear anything but the MSDNC programming that has been thoroughly washed into his brain. He cannot “think.” He just regurgitates. Nothing else “computes” in his brain. This is the Democrat Party of today. They have lied to and brainwashed their entire base of supporters. They truly have no idea what is actually going on in the country. NO idea! It’s truly scary to see the damage the Democrat Party and their propaganda media have done to their own people. Talk about being in a Cult! Dennis is exhibit A. Or Patient Zero, as it were.

        4. People whose legal batting average is pretty much ZERO, and who put up as experts others with an average of ZERO should not be pissing on the legal judgement of others who are mostly right.

          If I listed the legal claims you ere wrong about, I would be typing for a week.

    1. very troubling, because I think it is an attack, on the rule of law, when judges are threatened, and particularly when their family is threatened…

      Schumer sent assassins after SCOTUS Judges. Garland refused to use the applicable federal laws to shut down the dangerous thugs. No charges were brought

      The Only thing President Trump has done is to document the threads of corruption woven through the persecutions.

    2. Right. The Court and the country are much better served by the appointment of a left-wing lunatic justice who sides with terrorists and pedophiles, can’t say what a “woman” is, and doesn’t believe in the First Amendment. Right. Good choice Biden. Not.
      Ketanji is a perfectly nice judge, who happens to fulfill Biden’s ONLY qualifications, being black and a ‘woman’ (whatever that is). However she ain’t Supreme Court material, if you know what I mean. It’s beyond obvious.
      As for you Dennis, every time I read one of your comments, this is my thought: “I cannot believe this is a real person making these idiotic comments under his real name. No one would ever be this stupid and use their real name, would they?”
      Yet here you are.

      1. And by “if you know what I mean” I am NOT referring to her being a POC. That is her best quality. As for Biden, it was her first and seemingly only qualification. But as for the “other” qualities “actually” required to serve on the highest court in the land? Snide answers like, “I’m not a biologist” … and a judge whose ideology protects pedos, foreign terrorists, and believes the government should not be ‘hamstrung’ by 1A? Hard no. Mike Davis was correct.

    3. btw, Judge Reggie is not standing up for the rule of law and integrity of judicial system. He is destroying both.

    4. Dennis, did you ever comment on the “PROTESTS” outside Kavanaugh’s house or the ASSASSIN that was caught? Man, you are a freak.

    5. Your correct it is unusual when a judge speaks out.
      One of the reasons that it is unusual is that taking a position on an issue that is before them priot to final adjudication requires them to recuse.
      Taking a position on an issue that might in the future be before them generally requires them to recuse.

      You rant about republican and democrat judges – but for the most part there are no such things.
      There are judges that follow the law and constitution – regardless of party, and those who do not.
      Those who breach the rule of law can be found regardless of who may have appointed them.
      All judges – like ALL humans have difficulty separating their personal biases from there arguments and decisions, yet that is precisely what we DEMAND of judges. We should not be surprised that it is difficult and that most judges are not good at it.

      But there are patterns that tend to relate to politics that actually have a foundation in the ideology and politics.
      It is far more common for Republicans to have moral foundations independent of political views.
      To have a concept of right and wrong that is divorced from politics.

      This is a necessity for the rule of law.
      If right and wrong are determined by your political beliefs – by ideology – if they are subjective – then there is no right or wrong, and there is no means of structuring society or having government or the rule of law.

      Society, government requires “the rule of law”.
      The rule of law requires a minimal underlying set of moral foundations that nearly all of us accept.
      While government is FORCE, it is not possible to impose even a minimal set of moral constraints by force. Even if it was theoretically possible – it would require at the very least that those imposing the moral constraints actually accept them.

    6. So you read speculation that Hankey was preparing to provide the 500M bond, and after that you think – Nahy, Hankey – who is worth 7.4B is lying about being able to extend a bond for 1/3 that amount ?

    7. Which judge is it that someone traveled all the way from California to Assassinate ?

      Democrats feel threatened if someone is unkind to them.

      Yet it was the left trying to burn down a federal courthouse.
      The Left trying to bash through the doors of the Supreme Court
      The left Trying to assassinate Justice Kavanaugh.

      I will bet that Justice Thomas gets more threats in a day that the entire DC circuits judges.

    8. Judges are NOT free to speak publicly about issues that are before them or MIGHT be before them in the future – if they do, they are required to recuse themselves from cases they have given the appearance of prejudging.

      The first amendment guarantees that you can speak freely.
      It does not guarantee that after you do you will have a job.

  12. Perhaps DEI isn’t the best filter for appointing judges.

    Or airplane manufacturing.

    Or pilots.

    Or air traffic control.

    Or professors.

    Or anything but tokens.

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