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Federal court panel dismisses appeals over Justice Kavanaugh misconduct complaints

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Federal court panel dismisses appeals over Justice Kavanaugh misconduct complaints

A federal court panel has dismissed 20 legal appeals involving misconduct complaints lodged against Supreme Court Justice Brett Kavanaugh.

The Denver-based 10th Circuit Court of Appeals’ Judicial Council had been asked to look into 83 initial complaints filed against Kavanaugh, during his 12-year service on the DC-based federal appeals court. They were filed around the time of contentious Senate confirmation to the high court last year.

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The 10th Circuit’s internal council in December tossed out those complaints, concluding Kavanaugh was no longer covered by the process, since he was now a Justice.

“Because the intervening event in this matter resulted in the loss of jurisdiction,” said the court, referring to Kavanaugh’s elevation to the Supreme Court, “this Council does not have the authority to investigate or make findings upon which to base any remedial action.”

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Justices of the Supreme Court are not subject to a code of conduct or disciplinary process like lower federal judges.

The nature of the complaints were not disclosed.

Chief Justice John Roberts — Kavanaugh’s new colleague — had initially referred the matter to the Denver appeals court. Two judges on the 10th Circuit panel dissented and recused in the dismissal of the appeals, saying that panel should not have been involved in both the initial review and the subsequent appeals.

“I am left to conclude that the entire Council should be disqualified from participating in consideration of the current petitions for review,” wrote Judge Mary Beck Briscoe. “And, in turn, I conclude that the petitions for review should be considered by a different body, specifically the Judicial Conference Committee on Judicial Conduct and Disability.” Judge Carlos Lucero agreed.

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A group advocating for court reforms praised the dissenting opinions.

“Judge Briscoe and Lucero have stuck their necks out in a way that is to be commended,” said Gabe Roth of Fix the Court. “Of course there is little recourse or reprimand for a Supreme Court justice accused of misconduct, so today’s result is not surprising. That said, it is critical for our nation’s leading jurists to recognize a conflict of interest when they see one and having a council rule on a case that they’ve previously judged would seem to be a textbook definition of such a conflict.”

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Bernie Sanders’ hiring of non-American campaign advisers may violate federal election laws, complaint says

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New spokeswoman for Bernie Sanders won't be able to vote for him in 2020 -- she's an illegal immigrant

Bernie Sanders was hit a complaint this week, claiming his presidential campaign violated federal election laws by employing non-Americans in advisery positions.

A new complaint by the Coolidge Reagan Foundation filed with the Federal Election Commission (FEC) notes that three members of the Sanders campaign are foreign nationals, which appears to be a violation of federal election laws that prohibit foreign interference.

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Maria Belén Sisa, Sanders’ deputy national press secretary who joined the campaign last month, was among the staffers named in the complaint, as first reported by the Washington Free Beacon. Sisa claims to be an illegal immigrant whose residency is protected under Deferred Action for Childhood Arrivals (DACA), an Obama-era program for assisting illegal immigrants who came to the U.S. as children.

Sisa recently caused an uproar after invoking an anti-Semitic “dual allegiance” trope of Jewish Americans while defending Rep. Ilhan Omar, D-Minn., and questioning whether American Jews, including Sanders, were loyal to the United States.

The complaint notes that Sisa not only got a salary from Sanders’ 2016 presidential campaign, she also contributed money to it and is now serving in “an advisory position” in the 2020 campaign – all of which are “direct and serious violations” of federal election laws.

“Senator Sanders and Bernie 2020 is permitting a foreign national, Ms. Sisa, to serve in an advisory position which allows her to directly or indirectly participate in the decision-making process of persons with regard to election-related activities in violation of FEC regulations,” the complaint reads.

“Senator Sanders and Bernie 2020 is permitting a foreign national, Ms. Sisa, to serve in an advisory position which allows her to directly or indirectly participate in the decision-making process of persons with regard to election-related activities in violation of FEC regulations.”

— The complaint

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According to the FEC rules, foreign nationals, who aren’t lawfully admitted permanent residents, cannot directly or indirectly participate in political campaigns. Such individuals are also barred from making political contributions.

The complaint also names two other foreign nationals on the Sanders’ 2016 campaign, immigration activists Erika Andiola and Cesar Vargas, who worked as the campaign’s national Latino outreach strategist and press secretary for Latino outreach, respectively.

“Due to the high profile of Cesar Vargas, Erika Andiola, and Maria Belén Sisa as leading activists in the undocumented community, there is reason to believe that respondents are ‘foreign nationals’ within the meaning of 52 U.S.C. § 301219b)(2), and in violation of 11 C.F.R. § 110.20 (i) and A.O. 2004-26, directly or indirectly participated in the decision-making process of persons with regard to the election-related activities of Bernie 2016,” the complaint continued.

“There is reason to believe, having previously employed Ms. Sisa, that Bernie 2020 is currently, and knowingly, permitting a ‘foreign national’ … to directly or indirectly participate in the decision-making process of persons with regard to the election-related activities of Bernie 2020.”

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The complaint calls on the FEC to investigate both the 2016 and the current presidential campaigns and take action to curb the violations.

“The Commission should determine and impose appropriate sanctions for any and all violations,” the complaint read. “Further, the Commission should enjoin respondents from any future violations and impose any necessary and appropriate remedies to ensure respondents’ future compliance with the Federal Election Campaign Act.”

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Democrats vow to keep investigating Trump despite Mueller's conclusions, no new indictments

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Congressional Democrats vowed Friday to keep investigating President Trump, his family, and associates despite Special Counsel Robert Mueller wrapping up his Russia investigation with no new indictments.

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‘There needs to be a reckoning’ for those who spread Russia collusion narrative: Mollie Hemingway

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MSNBC’s Chris Matthews livid over Mueller report: ‘How could they let Trump off the hook?’

Those who spent the last two years pushing the narrative that the Trump campaign colluded with Russia during the 2016 presidential election need to be held accountable, the Federalist senior editor Mollie Hemingway argued Friday.

Earlier in the day, the office of Special Counsel Robert Mueller handed in its report on the Russia investigation to the Department of Justice and it was announced that no new indictments would be forthcoming.

During Friday’s All-Star panel segment on Fox News’ “Special Report with Bret Baier,” Hemingway — along with Washington Free Beacon editor-in-chief Matthew Continetti and Reuters White House correspondent Jeff Mason — weighed in on the breaking news that reverberated throughout Washington.

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Hemingway began by noting that the “Russia narrative” predates the Mueller probe, having begun circulating during the 2016 election after the creation of the infamous Clinton campaign-funded Steele dossier, which pushed the theory that then-Republican candidate Donald Trump was a “Russian agent.”

“We have, for the last three years … frequently [witnessed] hysteria about treasonous collusion with Russia to steal the 2016 election,” Hemingway told the panel. “The fact [is] that there are no more indictments coming and the fact [is] that all of the indictments that we’ve seen thus far have been for process crimes or things unrelated to what we were told by so many people in the media was ‘treasonous collusion’ to steal the 2016 election.”

“If there is nothing there that matches what we’ve heard from the media for many years, there needs to be a reckoning and the people who spread this theory both inside and outside the government who were not critical and who did not behave appropriately need to be held accountable,” she added.

“The people who spread this theory both inside and outside the government … and who did not behave appropriately need to be held accountable.”

— Mollie Hemingway, senior editor, the Federalist

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Mason told the panel that there’s likely “some relief” in the White House, particularly from Jared Kushner, the president’s son-in-law and top adviser. And while he insisted it was “too early” to draw major conclusions, he later added that those who attacked Mueller’s credibility throughout his investigation will have to walk back their hostility if he concludes that there was no collusion, including President Trump.

Meanwhile, Continetti suggested that the Mueller report could be the “greatest anticlimax in American history,” and that the entire investigation could be “for nothing” because it was “an investigation without a crime.” He did, however, insist that the “battle will continue” as the White House will fight Congress on transparency of the Mueller findings.

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