Quote (thesnipa @ May 4 2023 03:04pm)
you misunderstand, your assertion is that Thomas can not be influenced, and that this is relevant to an issue with disclosure. financial disclosure rules don't take into account how much influence the individual is susceptible to, nor should they.
Saying Justice Thomas is going to vote with a conservative originalist jurisprudence on every decision is like saying water is wet. I can know exactly how he'll rule on every case, and so if you're going to try to carve out some theory about a quid pro quo for influence, you're going to need to find an instance in which he isn't already voting in the way he's obviously going to vote 101% of the time. Otherwise, it begs the obvious question of why anyone would waste money trying to bribe Oliver Cromwell to vote against Charles I.
What's being raised here is an accusation. Absent perfidy, sans malintent, we wind up with total nonsense like the story about Thomas writing down Ginger Holdings LLC instead of Ginger Holdings Ltd.
Mens rea is a pretty simple concept in law. Without it, you don't get much of an accusation.
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but mr letter of the law just magically forgot to disclose massive gifts? that's the story here, that a meticulous man such as Clarence oopsed this.
He didn't disclose his real estate sales because he sold at a significant loss, and most federal reporting forms ie taxable income doesn't ask you to disclose losses, only capital gains. Pretty easy to see how that mistake was made. He wrote LLC instead of Ltd because its an obvious typo. He didn't disclose his grandnephew's educational funds because he's not required or expected to, no such rule exists. How many prostate exams does a 74 year old need to have in one year? The DailyWire stuck their fingers up inside Soto just once and found a better story.
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the left's assertion based on scary buzzwords like "GOP SUPERDONOR" that Thomas is bought is silly. the overarching idea that this type of behavior should be punished so that it sets solid precedent for future more susceptible justices is however sound. what we need to do to make justices at the highest bench more isolated from temptation is a matter of discussion. 1$mil/year? can we let people in a crazy important office live very comfortably, then get rid of the book deals and lavish gifts? that's the best outcome.
That's a particularly corrosive and dangerous idea actually. Once you set the precedent that you're going to crucify anyone for minor perceived transgressions absent actual malicious conduct, that's how you arrive at the worst forms of cancel culture and mccarthyism. That's precisely what we need to push back against. And lord knows that Republicans will weaponize the hysteria far more effectively than democrats do, when the tables are turned. Locking up unruly protesters and charging them with sedition and insurrection? Lefties couldn't help themselves but storm half the state capitols this year over tranny issues. For all their MeToo push, Kavanaugh survived but Al Franken did not.
Civility and respect in politics demands that we not try to get up each other's asses over every overblown accusation about mundane conduct. Whether its Trump Jr shooing away some Magnitsky Act lobbyists or Sotomayor making money off book sales, we can't make every politician and judge and all their families and relations be as beyond suspicion as caesar's wife. If some random chucklefuck claims that Justice Kagan molested him as a child and can't produce a single piece of evidence he ever met her, or even give any falsifiable details about the encounter, should she be impeached and removed from the court to make an example of her and set a precedent for the future? In a sane world, accusations without evidence- and especially accusations without an
accusation, should be immediately disregarded.