John McKenzie
@jwmckenzie.bsky.social
Father. Trial lawyer. Curious. Persistent. Posts are not legal advice. All views are mine alone.
Again, the only reason this matters is because these folks try to predict where public opinion is going, and they’re predicting it’s moving away from *all this (with hand-waiving gesture).
Joe Rogan and Theo Von slam DHS for using Von's image in a video promoting deportation:
"I was like, oh my God, what the fuck are they doing? That's not how you envision the government."
"They were making, like, deportation hype videos with trap beats and shit. What are we doing? It's idiocracy."
"I was like, oh my God, what the fuck are they doing? That's not how you envision the government."
"They were making, like, deportation hype videos with trap beats and shit. What are we doing? It's idiocracy."
November 20, 2025 at 12:16 PM
Again, the only reason this matters is because these folks try to predict where public opinion is going, and they’re predicting it’s moving away from *all this (with hand-waiving gesture).
Was there record evidence supporting the dissent’s 17 Soros references? If not, does the dissent ask the majority to take judicial notice of these “facts” because they are not subject to reasonable dispute. Will future litigants call witnesses to testify about Soros because that’s relevant now?
My “my 17 references to George Soros aren’t political” footnote is raising a lot of questions answered by my footnote.
But worry not, he has a footnote explaining why his fixation on Soros "is not political."
November 20, 2025 at 12:08 PM
Was there record evidence supporting the dissent’s 17 Soros references? If not, does the dissent ask the majority to take judicial notice of these “facts” because they are not subject to reasonable dispute. Will future litigants call witnesses to testify about Soros because that’s relevant now?
Suppose everything the dissent says about George Soros is true. Does that mean a map should stand if the evidence shows it is racist? Is there a judicially created exception to the laws barring discrimination for discrimination that displeases Soros (in which case the discrimination may stand)?
In an unhinged dissent in our Texas redistricting victory, a GOP appointed judge seems to believe that George Soros and I did...well, I'm not sure what...but he is very mad. Bigly.
November 20, 2025 at 9:49 AM
Suppose everything the dissent says about George Soros is true. Does that mean a map should stand if the evidence shows it is racist? Is there a judicially created exception to the laws barring discrimination for discrimination that displeases Soros (in which case the discrimination may stand)?
This opinion would be out of place as too extreme for many right wing podcasts.
NEW: In a remarkable and deeply unhinged dissent, U.S. Circuit Judge Jerry Smith unleashed an attack — laden with personal insults and conspiracy theories — on his fellow panel judges after a federal court struck down Texas’ Trump-backed racial gerrymander.
In Unhinged Dissent, Texas Judge Attacks Colleagues — and George Soros
Read more here.
www.democracydocket.com
November 20, 2025 at 12:02 AM
This opinion would be out of place as too extreme for many right wing podcasts.
Reposted by John McKenzie
This *entire* episode is all of the evidence anyone should ever need, regardless of their politics, for why it's important to have experienced career officials in key government positions (like U.S. Attorney), rather than partisan cronies (unlawfully) appointed solely to do the President's bidding.
The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:
NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.
Defense counsel argued that’s a complete bar to further prosecution
Defense counsel argued that’s a complete bar to further prosecution
November 19, 2025 at 6:41 PM
This *entire* episode is all of the evidence anyone should ever need, regardless of their politics, for why it's important to have experienced career officials in key government positions (like U.S. Attorney), rather than partisan cronies (unlawfully) appointed solely to do the President's bidding.
The only reason this matters is that it reflects a calculation by the right wing influencer class that the current immigration policy is quickly becoming radioactive nuclear waste.
Ben Shapiro: “When the president said deport all the illegal immigrants, I never thought that he meant that literally”
November 19, 2025 at 2:27 PM
The only reason this matters is that it reflects a calculation by the right wing influencer class that the current immigration policy is quickly becoming radioactive nuclear waste.
Reposted by John McKenzie
The Roberts Court deciding that law doesn’t apply to the president, at least this one, even when he’s out of office, was a bad idea.
They should not have done that. It has had foreseeable negative consequences. They should have gone with the Constitution and over two centuries of precedent instead.
They should not have done that. It has had foreseeable negative consequences. They should have gone with the Constitution and over two centuries of precedent instead.
November 16, 2025 at 2:06 PM
The Roberts Court deciding that law doesn’t apply to the president, at least this one, even when he’s out of office, was a bad idea.
They should not have done that. It has had foreseeable negative consequences. They should have gone with the Constitution and over two centuries of precedent instead.
They should not have done that. It has had foreseeable negative consequences. They should have gone with the Constitution and over two centuries of precedent instead.
Larry Summers has joined the witness relocation program.
November 13, 2025 at 4:02 AM
Larry Summers has joined the witness relocation program.
Reposted by John McKenzie
Standing up to a tyrant - who is willing to impose pain as leverage to compel loyalty or acquiescence - is hard. You can convince yourself that yielding stops the pain and brings you back to "normal".
But there is no "normal". Submission emboldens the tyrant. The threat grows.
But there is no "normal". Submission emboldens the tyrant. The threat grows.
November 10, 2025 at 5:09 PM
Standing up to a tyrant - who is willing to impose pain as leverage to compel loyalty or acquiescence - is hard. You can convince yourself that yielding stops the pain and brings you back to "normal".
But there is no "normal". Submission emboldens the tyrant. The threat grows.
But there is no "normal". Submission emboldens the tyrant. The threat grows.
On my way to a funeral today. The truth is, for the ones you truly love, one lifetime together is never enough.
November 8, 2025 at 11:12 AM
On my way to a funeral today. The truth is, for the ones you truly love, one lifetime together is never enough.
This press conference was truly a “real life beats fiction” descent into the surreal. It’s an unintentional piece of DaDa performance art.
HAPPY FOUR SEASONS TOTAL LANDSCAPING DAY TO ALL WHO CELEBRATE
November 7, 2025 at 9:29 PM
This press conference was truly a “real life beats fiction” descent into the surreal. It’s an unintentional piece of DaDa performance art.
Turns out highly skilled, in-demand workers prefer not to live in places where they can face criminal liability for doing their jobs.
It’s becoming a trend: states with restrictive anti-choice laws are losing OB-GYNS.
States with full-on bans, like Texas, force doctors to make impossible decisions that could cost patients’ lives, and they want to be able to provide the right care.
www.npr.org/sections/sho...
States with full-on bans, like Texas, force doctors to make impossible decisions that could cost patients’ lives, and they want to be able to provide the right care.
www.npr.org/sections/sho...
Iowa doesn't have enough OB-GYNs. Is the state's abortion ban part of the problem?
Iowa ranks last among states for the number of OB-GYNS per capita. State legislators are trying to recruit more, but some doctors say the state's strict abortion ban is partially to blame.
www.npr.org
November 6, 2025 at 12:52 AM
Turns out highly skilled, in-demand workers prefer not to live in places where they can face criminal liability for doing their jobs.
Hozier: “allow me to enchant you with this Gaelic melody”
Me: “as you wish.”
Me: “as you wish.”
a young man with long blonde hair is looking at the camera and saying `` as you wish '' .
ALT: a young man with long blonde hair is looking at the camera and saying `` as you wish '' .
media.tenor.com
November 5, 2025 at 10:59 PM
Hozier: “allow me to enchant you with this Gaelic melody”
Me: “as you wish.”
Me: “as you wish.”
What if a future Dem Congress delegated to the President the power to increase income tax rates for the highest earners in cases of emergency? What would stop that from happening if these tariffs stand?
sdklfj Gorsuch asked a question like, so if the pres unliterally declared a 50% tariff on all gas-powered vehicles to respond to the unusual & extraordinary threat of global warming?
DOJ says well we'd say that's a hoax & not a threat
Gorsuch dripping w condescension goes I'm sure you would lmao
DOJ says well we'd say that's a hoax & not a threat
Gorsuch dripping w condescension goes I'm sure you would lmao
November 5, 2025 at 7:20 PM
What if a future Dem Congress delegated to the President the power to increase income tax rates for the highest earners in cases of emergency? What would stop that from happening if these tariffs stand?
Dismissal of the case as a discovery sanction is not out of the question.
JUST IN: Unusual filing in Tish James case. DOJ says it isn't complying with judge's order to turn over discovery on selective prosecution issue. Usual procedure would be move to reconsider the order but prosecutors file 'notice' telling judge no. Doc: storage.courtlistener.com/recap/gov.us...
#46 in United States v. James (E.D. Va., 2:25-cr-00122) – CourtListener.com
NOTICE Of Reasons for Not Providing Pre-Vindictive/Selective Prosecution Motion Related Discovery by USA as to Letitia A. James (Keller, Roger) (Entered: 11/04/2025)
storage.courtlistener.com
November 4, 2025 at 9:21 PM
Dismissal of the case as a discovery sanction is not out of the question.
Reposted by John McKenzie
Yeah, that’s not a thing.
Attorney General Pam Bondi says she has retroactively appointed former Trump attorney Lindsey Halligan as a "special attorney" for DOJ and has "ratified" all of her actions to date, including her presentations to the grand juries that indicted Trump's foes.
November 3, 2025 at 9:56 PM
Yeah, that’s not a thing.
Reposted by John McKenzie
note how the messaging has shifting from "we're targeting criminals" to "we're deporting everyone"
Kristi Noem: "We will continue to do this work until there are no longer anybody in our communities that's here illegally."
October 31, 2025 at 4:52 PM
note how the messaging has shifting from "we're targeting criminals" to "we're deporting everyone"
Reposted by John McKenzie
I love how Rep. Joe Neguse reframed this question.
October 31, 2025 at 8:19 AM
I love how Rep. Joe Neguse reframed this question.
Reposted by John McKenzie
This picture is brutal.
EXCLUSIVE: After Trump took over the Kennedy Center in Feb, he vowed to make it "hot" again. So, how's it doing? @jeremybmerrill.com and I used data from the center's ticketing website to find out. Ticket sales are lowest they've been since the pandemic.
www.washingtonpost.com/entertainmen...
www.washingtonpost.com/entertainmen...
Kennedy Center ticket sales have plummeted since Trump takeover
Nearly nine months into Trump’s oversight, sales for the three largest performance venues are the worst they’ve been since the pandemic, according to a Washington Post analysis.
www.washingtonpost.com
October 31, 2025 at 4:09 PM
This picture is brutal.
It’s not right for the president to demand the criminal prosecutions of political enemies. It didn’t happen to him. Biden appointed a special counsel and otherwise stayed out of the investigation. The special counsel charged Trump after Trump repeatedly refused to return documents.
Never in the history of the US has any president openly and repeatedly called for the investigation, arrest & prosecution of his political opponents. While many continue to shrug these things off and normalize them, I will never stop pointing out that this is what autocrats do.
October 30, 2025 at 1:44 AM
It’s not right for the president to demand the criminal prosecutions of political enemies. It didn’t happen to him. Biden appointed a special counsel and otherwise stayed out of the investigation. The special counsel charged Trump after Trump repeatedly refused to return documents.
Hard for a jury to enter a verdict against “Pauly cakes” aka “Big Boss Daddy.”
October 28, 2025 at 11:57 PM
Hard for a jury to enter a verdict against “Pauly cakes” aka “Big Boss Daddy.”
Reposted by John McKenzie
But shall this crazed old man be tamely suffered to drag a whole ship’s company down to doom with him?
October 27, 2025 at 8:47 AM
But shall this crazed old man be tamely suffered to drag a whole ship’s company down to doom with him?
Few immunities are unlimited or without limitations. Federal agents have to behave reasonably—they cannot use unreasonable violence. Idaho v. Horiuchi. You can listen to a propagandist, or you can listen to a lawyer.
Today's "One First" explains why Stephen Miller is wrong that ICE officers have "federal immunity" from prosecution for all actions they take in their official duties, and that anyone attempting to prosecute them is committing a felony.
Supremacy Clause immunity is a thing, but it's *not* absolute:
Supremacy Clause immunity is a thing, but it's *not* absolute:
186. When Can States Prosecute Federal Officers?
Stephen Miller claims that ICE officers have "immunity" for anything they do while enforcing immigration law. Even as an argument about *state* criminal prosecutions, that claim is overstated at best.
www.stevevladeck.com
October 27, 2025 at 12:20 PM
Few immunities are unlimited or without limitations. Federal agents have to behave reasonably—they cannot use unreasonable violence. Idaho v. Horiuchi. You can listen to a propagandist, or you can listen to a lawyer.
Actually there is one person very worried about building a ballroom: The President. To the exclusion of all other priorities, including feeding kids. Why is she so bad at making a case? Why does she have zero confidence in her ability to persuade people that a bad thing is bad.
GOV. WHITMER: “.. no one is worried about building a ballroom in Washington, D.C. What they want is to make sure that they can feed their kids next week.” Most Americans are “never going to step foot in a ballroom over the course of their lifetime.”
@thehill.com
thehill.com/homenews/adm...
@thehill.com
thehill.com/homenews/adm...
October 26, 2025 at 11:44 PM
Actually there is one person very worried about building a ballroom: The President. To the exclusion of all other priorities, including feeding kids. Why is she so bad at making a case? Why does she have zero confidence in her ability to persuade people that a bad thing is bad.