Legal Battles Are Dominating America – “The Sunday Political Brunch”

Sunday, March 24, 2024

Mark Curtis, MINDSETTER™

 

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U.S. Senator Robert Menendez PHOTO: U.S. Senate

I’m getting the impression that much of Campaign 2024 is going to wind up coming out of courtrooms instead of voters on the street or candidates on the debate stage. On Monday alone, there were four significant court cases that threaten to weigh in on this election cycle, and there is more courtroom drama coming. Let’s “brunch” on that this week.

 

“Texas Border Security” – Many polls say that immigration now tops the economy, among likely voters in 2024. So, this week’s volley of contradictory rulings has only added more fuel to the fire. The issue has been trending in Donald Trump’s favor, and an initial U.S. Supreme Court ruling this week supported that. Tuesday the high court said Texas was allowed to immediately begin enforcing a controversial immigration law that allows state law enforcement to detain people they believe entered the U.S. illegally. But by Thursday, a federal court of appeals weighed in, and ruled against Texas in a different aspect of this immigration law. That’s not going to make a lot of GOP voters happy, and it could likely cause a backlash, with a greater Republican turnout. This issue will resemble a tennis match, with more back and forth.

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“Fence Issue” - The State of Texas also installed barbed-wired fencing inside the Rio Grande River, to keep people from crossing into the U.S. illegally, and it too, is the subject of court filings. In January, the U.S. Supreme Court ruled that federal agents were allowed to cut and remove that wire. It’s fascinating that two of the high court’s conservatives – Chief Justice John Roberts and Associate Justice Amy Coney Barrett - sided with the court’s three liberals. In this case, the majority said immigration was the purview of the federal government, not the states. Yes, the two policies appear to many as a contradiction. Neither case is over, with appeals over related side issues likely. The court battles march on.

 

“Chief Justice John Roberts Rules” – Another case that may have GOP voters bristling is one related to the January 6th Capitol riots. Former Trump advisor Peter Navarro reported to federal prison in Miami this week, to serve a four-month contempt of Congress citation, for failing to testify as subpoenaed for the January 6, 2021, Capitol riot investigation. Navarro unsuccessfully argued that his advice to Trump was covered by executive privilege. His lawyers called it an “unprecedented assault on the constitutional separation of powers.” He claimed that the legal tactics that were used against him could also be used against Trump: “I am pissed – that’s what I am feeling right now,” Navarro said before heading into prison.

 

“Is Trump Really Broke? – Former President Trump says he can’t find the $458 million collateral to put up for bond after losing a civil case about his company’s valuation in New York State Court. His lawyers say he doesn’t have enough liquid cash, and banks and insurance companies won’t take his real estate assets as collateral for loans. Again, all these cases combined make me ponder, “Will 2024 be determined at the polls, or in the courts.”

 

“Menendez Math Problem” – In a mixed move, U.S. Sen. Robert Menendez (D), New Jersey, announced he would not seek his party’s nomination for Senate in November. Menendez is currently facing federal bribery and influence peddling charges but with no trial date set. However, Menendez is leaving open the possibility of a run for reelection to his seat in November as an independent. Yes, New Jersey is a reliable blue state, but it has gone red at times, voting for Govs. Chris Christie and Gov. Christine Todd Whitman, both (R) New Jersey. With Democrat and Republican nominees in November, who is the now-independent Menendez likely to pull from? Yes, fellow former Democrats. With Republicans needing just a net gain of two seats to retake control of the U.S. Senate, this could be a key seat in play, in a three-way race.

 

“Kennedy Jr. Again, Denied Secret Service Protection” – Independent presidential candidate Robert F. Kennedy Jr., now says he has asked for Secret Service protection for a fifth time and has been denied again. Department of Homeland Security Secretary Alejandro Mayorkas has the final word on that, with guidelines that an independent candidate must poll at least 15 percent against the major party candidates for at least 30 days. In the past month, Kennedy has polled 15 percent, or better, in at least seven reputable polls. However, his Real Clear Politics average for all polls in the past month shows an average of 11.2 percent, technically falling below the threshold.

 

“The Kennedy Conundrum” – I’m all for equal treatment and a level playing field, but I marvel sometimes at the inflexibility in some of our governing agencies. First of all, why are we using poll results to make a risk assessment? It seems an odd barometer. In an email to me, the Kennedy campaign said there have been a number of threats saying, “One such incident took place in Los Angeles after our private security team apprehended Adrian Aispuro, who falsely identified himself as a U.S. Marshal and demanded to meet with Kennedy while carrying a loaded handgun, along with a second firearm and ammunition.”

 

“Can’t There be Some Flexibility?” – As my readers may recall, I had an extensive, in-person interview with Bobby Kennedy Jr., when he campaigned in West Virginia just weeks ago. Without going into detail, his private security detail was expansive - so I presume expensive - as they were top-notch industry pros. But Homeland Security Secretary Mayorkas said, "Based on the facts and the recommendation of the advisory committee, I have determined that Secret Service protection for Robert F. Kennedy, Jr. is not warranted at this time." I don’t need to recount history here, as we know Kennedy’s father was assassinated while running for president and his uncle was assassinated while serving as president. Just cut the red tape and protect this man! Let’s not have a three-peat.

Mark Curtis, Ed.D., is Chief Political Reporter for the seven Nexstar Media TV stations serving West Virginia, its five neighboring states and the entire Washington, DC media market. He is also a MINDSETTER™ contributing political writer and analyst for www.GoLocalProv.com and its affiliates.


 

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