Tag: leonard leo
Leonard Leo

It's Just His Nature: Scorpion Trump Stings Frog Leo In Lawless Rage

Leonard Leo, the bête noire of liberals who curated Trump’s first-term judicial appointments, including his three Supreme Court justices, has gone from Trump's shortlist to his shit list. As is his wont, Trump turned on his loyal servant with particular savagery, calling him a “sleazebag” who had rendered bad advice on a series of judicial nominations.

Leo responded with comparative good grace, along with a pointed, if diplomatic, defense of his influential work: "I'm very grateful for President Trump transforming the Federal Courts…[T]he Federal Judiciary is better than it's ever been in modern history, and that will be President Trump's most important legacy."

The genesis of the fallout speaks volumes about Trump's view of the role of the federal judiciary, and of his own inner circle.

Trump's ire was sparked by the Court of International Trade’s recent opinion striking down his broad tariffs because they unlawfully usurped Congress’s powers and relied on supposed “emergency” powers under the International Emergency Economic Powers Act (IEEPA) that the Act does not provide.

This legal failing is a cross-cutting theme of Trump's indiscriminate power grabs. Similar to a number of modern would-be authoritarians, Trump has repeatedly tried to steamroll basic legislative authority by characterizing everyday political issues as emergencies requiring a strongman’s intervention.

The opinion was a unanimous per curiam (i.e., no single author was identified) by three members of the Court of International Trade: a Reagan appointee, an Obama appointee, and a first-term Trump appointee. Moreover, the Trump appointee, Timothy Reif, is—as Trump appointees go—unusually well qualified, having previously served as general counsel in the Office of the U.S. Trade Representative (USTR) in the Executive Office of the President and then senior counsellor to the U.S. Trade Representative.

The panel, including Reif, held that the IEEPA—the text of which doesn't even contain the word emergency—could not support Trump’s outlandish and all-too-familiar claims that the sky is falling. At the same time, the court noted the possibility of statutory sources of authority other than the one Trump invoked.

In response to the administration’s predictable motion for emergency relief, the Federal Circuit—the Court of Appeals for the specialized Court of International Trade—has imposed an administrative stay that tells us nothing about whether it will affirm the lower court on the merits.

Trump's temper tantrum is ironic, if not absurd, given Leonard Leo’s record as the administration’s judicial nominee whisperer. By any measure—on the left or the right, and whether provoking aversion or elation—Leo has compiled a phenomenally successful record in the service of Trump and the conservative judicial movement in general.

He follows in the footsteps of advisors to other Republican administrations since Reagan, who have adopted a single-minded focus on judicial appointees and have dramatically transformed the makeup of the federal judiciary. In Leo’s case, that includes Trump's three Supreme Court nominees: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

Conservative Trump supporters have generally taken those appointees—which have established an über-majority conservative Court likely to last for a generation or more—as back-to-back-to-back home runs.

Just for starters, all three of them voted to overrule Roe v. Wade, probably the number one goal of judicial conservatives for a generation, and a (dubious) achievement that for many years looked impossible. In terms of the personal bounty for Trump, all joined the outlandish 2024 immunity opinion that continues to provide him comfort on a regular basis—for example, just last week, with the pardon for Paul Walczak in the wake of a $1 million solicited donation by Walczak’s mother that fits the criminal elements of bribery to a T.

The larger lesson in Trump's excoriation of Leo is what it shows about Trump’s expectations of the purpose of screening his nominees.

Leo has served up a long series of candidates who talk the talk about conservative jurisprudence, including the newfangled articles of faith like robust Second Amendment interpretation, solicitude for religious-based intolerance, and the Supreme Court’s less-than-fully-coherent history-and-tradition test.

That doesn't cut it for Trump. One important opinion against him—plainly on the basis of well-established legal principles that any judicial conservative should embrace—and Leo gets moved to the other list, with a heavy dose of Trump’s obloquy for good measure. For Trump, there's only one test of judicial qualifications: ruling for Trump, whatever the law provides. Leo failed in his presumed duty to find absolute Trump toadies, or to quietly inculcate the potential toadies he did find.

Leo joins a very long list of former insiders whom Trump has abruptly cast out and vilified. Central advisers such as Mike Pence, Chris Christie, Anthony Scaramucci, Kayleigh McEnany, Mick Mulvaney, John Bolton, and many others have all tasted Trump’s poison, some for reasons that are minor or even mysterious. The fact is, there's no rhyme or reason to Trump's spurning of former close associates. It rather just seems to be a way of demonstrating domination and superiority to any advisor, however valuable.

Trump is like the scorpion in the fable of the scorpion and the frog. Not able to swim to cross the river, the scorpion asks a frog for a ride on his back. Knowing the scorpion’s dangerous sting, the frog hesitates: “How do I know you won’t sting me?” The scorpion replies, “Because if I sting you, we’ll both drown.” So, the frog agrees to ferry the scorpion across the river. Halfway there, the scorpion stings the frog, who with his dying words asks, “Why did you do that? Now we’re both going to die.”

“I couldn’t help it,” the scorpion replies. “It’s in my nature.”

Trump is a legal ignoramus indifferent to the Constitution and the role of law. His only interest is domination. He turns on those who served him faithfully because it’s in his nature.

The general agenda of Trump 2.0—outlined by the long blueprint of Project 2025—is to put in place a series of measures that grossly, and unconstitutionally, aggrandize Trump's personal power, rejecting any vestiges of restraint and lawfulness that stymied him the first time around.

Transposed to the federal judiciary, that means a careful search for judges like Aileen Cannon or Matt Kacsmaryk who—not to put too fine a point on it—are utterly in the tank for the president who appointed them and who could yet elevate them to higher judicial service.

So far, the Trump 2.0 judicial nomination process has little to show for itself; the Senate has confirmed none of his 11 federal court nominees this year.

Leo’s casting out thus portends a series of nominees carefully chosen to cross fingers behind their backs when they swear, as the law requires, to “administer justice without respect to persons.” Call it the attempted Cannonization of the federal judiciary—and, to the extent Trump can secure Senate confirmations, one more sharp departure from the rule of law.

Harry Litman is a former United States Attorney and the executive producer and host of the Talking Feds podcast. He has taught law at UCLA, Berkeley, and Georgetown and served as a deputy assistant attorney general in the Clinton Administration. Please consider subscribing to Talking Feds on Substack.

Reprinted with permission from Substack.

With Francis Gone, The Hard Right Is Coming For The Vatican

With Francis Gone, The Hard Right Is Coming For The Vatican

On Roman streets and the worldwide web, a half-joke was making the rounds yesterday: Catholic convert JD Vance, emissary of America’s empathy-challenged hard right, was the last visitor to Pope Francis before he died and somehow… did him in.

Here at the Freakshow, we disregard conspiracy theories like these until shown hard proof. But it is a fact that a cabal of powerful right-wing American Catholics is not at all sorry to see Francis pass away – on Easter Monday, no less. These men have been licking their chops for more than a decade for a chance to conclave and install a man more of their ilk, someone who might help persuade millions of Catholics that Jesus was really a social Darwinist.

“The ultra-conservative wing of the US Catholic Church – a group made up of cardinals, bishops, priests and wealthy individuals – has spent years preparing for this precise moment,” says British investigative journalist Gareth Gore, who last year published a book on the strange and secretive Opus Dei cult, including its growing power in the heart of Washington. (I covered it for New York Magazine).

Pope Francis was one of the more progressive church leaders in recent Catholic church history. He acknowledged the effects of manmade climate change and made small – but, to the far right, significant and alarming – statements about market capitalism and the poor. Those positions are clearly aligned with Jesus’ actual teachings, but ultra conservatives have abandoned them in favor of the prosperity gospel and drill baby drill.

Francis’s support of social justice made him anathema to hard-right American Catholics like Leonard Leo and billionaires like California real estate attorney Tim Busch. Busch’s Trinitas Cellars produces red wines named after the Virgin Mary. Many Opus Dei-affiliated and other hard-right Catholics in Washington (JD Vance and Leonard Leo among them) have boarded jets west to attend gatherings at Busch’s Napa Institute School of Business.

Last year, Busch hosted a conference on “woke capitalism,” and in the past, he’s invited speakers questioning the authenticity of the civil rights movement. The U.S. Conference of Catholic Bishops cut ties with Busch’s Napa School in part because event agendas include praying the Patriotic Rosary, a devotion invoking divine “continuance on our cause and our people” using the words of Confederate Gen. Robert E. Lee – that specific cause, of course, being the perpetuation of slavery.

In addition to annoying rich MAGA extremists, Francis had asked church officials to live more modestly. “We pastors must not be men with a ‘princely mindset.’” he once said. This did not sit well with rightist clergy who live for cosplaying royalty. American Cardinal Raymond Leo Burke was among them. He insisted on continuing to wear trains of watered silk, scarlet gloves, and jeweled red hats – all while calling gay marriage Satanic and accusing Obama of being a totalitarian because of the ACA.

Some of the kookiest hard-right Catholic clergy are American or are operating in this country. Archbishop Carlo Maria Viganò, the former pontifical vicar to the U.S. under the arch-conservative Pope Benedict XVI, wrote a wildly nutty letter in support of Trump in 2020, calling the election a battle between the forces of light and darkness. He also publicly called Pope Francis a “false prophet” and a “servant of Satan.”

Cardinal Burke, discussed above, defied the Pope and refused to give communion to divorced and remarried Catholics. He had considered serving as honorary president of a “gladiator school” for white religious nationalists that Steve Bannon was building in Europe. (He backed off when Bannon said he might make a documentary about pedophile priests.)

During his tenure, Francis demoted Opus Dei and expelled some of the more extreme bishops aligned with Christian nationalism and alt-right conspiracy theorists. Last year, the Pope excommunicated Vigano for “schism” citing his "refusal to recognize and submit to the Supreme Pontiff.” Francis had removed Burke from the Vatican’s highest court and then revoked his salary and Vatican quarters.

Gareth Gore has reported that a secret cabal long schemed to get rid of Pope Francis. They used some of the same opposition research tactics to investigate rising left-leaning leaders within the church that (Opus Dei-affiliated Catholic) Leonard Leo and his Judicial Crisis Network have applied in media and influence campaigns to stack the Supreme Court with far-right Catholics.

“While Francis was alive, the [right-wing Catholic billionaires and clergy] actively sought to discredit his papacy with smear campaigns, leaking unfounded accusations that the late Pope had covered up cases of sexual abuse – and then using the right-wing Catholic media to spread those rumours far and wide,” Gareth Gore told me. “At the same time, they were financing a campaign to influence the next Conclave, hiring former CIA and FBI agents to dig up kompromat on liberal cardinals who might follow him. Their aim was clear: to discredit Francis and his progressive agenda, and to ensure that the next Pope is a man aligned with their world view - someone who agrees with their ultra-conservative reading of the Bible. That plan is now cranking into action.”

These same men are busy today and in the weeks to come, plotting to ensure the Catholic Church gets back to the business of the Inquisition and witch burning.

Ok, I jest.

But the Catholic hard right and their allies in Washington are not too sad today. They have waited a while for this opportunity. When Gore interviewed Tim Busch for his book, the Californian was explicit about the far right outliving a progressive Pope. “I think something important is happening, something not so good,” Busch said. “I think he’s tightening the noose, but I don’t think he’s going to have enough time.”

But Gore also believes the rightists face an uphill struggle. “The ultra-conservatives, while wealthy and powerful, are a tiny proportion of the 1.4 billion Catholics around the world,” he told me. “The Conclave to elect the next Pope will be largely made up of cardinals appointed by Francis himself. While they may not necessarily share all of his views, they will see the positive impact that his progressive agenda has had on the Church, and will likely want to build on his legacy.”

Nina Burleigh is a a journalist, author, documentary producer and adjunct professor at New York University's Arthur L. Carter Journalism Institute. She has written eight books including her recently published novel, Zero Visibility Possible.

Reprinted with permission from COURIER's American Freakshow.



Leonard Leo

GOP Lashes Out At D.C. Attorney General Probing Extremist Profiteer Leo

GOP activist Leonard Leo is co-chair of the influential Federalist Society, which has produced all six of the Supreme Court of the United States' (SCOTUS) conservative jurists — including Chief Justice John Roberts. And ever since the office of Washington, DC Attorney General Brian Schwalb started investigating the Federalist Society for alleged violations of its nonprofit status, Leo's allies have been attacking him every step of the way.

Politico reporter Heidi Przybyla wrote Saturday that Schwalb has been steadily battling an onslaught of GOP attacks that include conservative media, 12 Republican state attorneys general and even Congressional committee chairs. This assault began last August, after Schwalb announced he was investigating the Federalist Society for alleged self-dealing. Leo is accused of using millions of dollars in tax-exempt organization funds to prop up his private consulting firm, CRC Advisors.

According to the outlet, both Reps. James Comer (R-KY) and Jim Jordan (R-OH), who chair the House Oversight and Judiciary Committees, respectively, announced their own investigations into Schwalb on October 30 — shortly after Schwalb announced his own investigation into Leo's group. One of Leo's organizations is the Concord Fund (previously known as the Judicial Crisis Network), which has donated $20 million to the Republican Attorneys General Association since 2014. And Przybyla noted that 10 days before Comer and Jordan announced their investigation, Concord hired a Virginia-based lobbying firm to handle issues relating to "law enforcement" and "oversight."

"The decision to launch a probe was not influenced by the lobbying firm," a spokesperson for the House Judiciary Committee told Politico. "Any suggestion that it was is lazy, in bad faith, and completely ridiculous. It’s well-known that this probe is part of a broader portfolio the congressmen are pursuing related to the weaponization of the federal government."

While the suggestion that Leo's money and connections are influencing the attacks on the man investigating him makes Republicans bristle, it's difficult to ignore the timing of large sums of money changing hands. Just one day after both Comer and Jordan threatened to subpoena Schwalb, a House Republican leadership-aligned political action committee received a $250,000 contribution from the Concord Fund. Politico reported that it was Concord's first donation to a federal PAC in nine years.

Republicans' ferocity in attacking Schwalb could be attributed to Leo's outsized influence over today's GOP — particularly as it concerns the GOP's efforts to cement a conservative SCOTUS majority for decades.

"[Leo] has been called former President Donald Trump’s 'court whisperer' for helping to choose and advocate for his Supreme Court nominees," Przybyla wrote. "His aligned network of tax-exempt nonprofits is also a major contributor to Project 2025, an initiative seeking to create a 'government in waiting' for another Trump term."

Caroline Ciccone, who is president of anti-corruption watchdog group Accountability.US, directly attributed the various attacks on Schwalb to Leo's far-right organizational muscle.

"Leonard Leo is working to implement policies with a vision that’s far too extreme for most Americans," Ciccone said. "Now, members of Congress have weaponized their government power against his critics."

In addition to being investigated for self-dealing by Schwalb's office, Leo's group is also being investigated by the Senate Judiciary Committee for its alleged facilitation of lavish gifts to far-right justices like Samuel Alito and Clarence Thomas. In late November, the committee sent subpoenas to both Leo and billionaire business magnate Harlan Crow, who took Justice Thomas and his family on several exceedingly expensive getaways.

Reprinted with permission from Alternet.

Koch Billionaire Network Secretly Funding Legal Scheme To Gut Government

Koch Billionaire Network Secretly Funding Legal Scheme To Gut Government

Far-right judicial activist Leonard Leo, the force behind the Trump-packed Supreme Court, and billionaire megadonor Charles Koch have combined their networks to back yet another dark-money-fueled effort to gut the federal government. Bloomberg Law has uncovered their involvement in the New Civil Liberties Alliance, “a top US Supreme Court litigator” that’s behind the challenges the court heard last week to the federal government’s power to regulate corporate America.

The group’s purported goal is to protect individual rights from “the administrative state” which they see as “an especially serious threat to constitutional freedoms,” according to the group’s website. You know, that “deep state” that ensures we have clean water to drink and clean air to breathe, that ensures our food is safe to eat and our prescription medications won’t harm us.

Bloomberg notes that while the New Civil Liberties Alliance “identifies as nonpartisan,” it is “backed by groups tied to powerful sources of conservative funding, including billionaire Charles Koch and entities linked to legal activist Leonard Leo, who’s had direct influence over the court’s conservative makeup.”

The group received $2.06 million from Donors Trust Inc., a “community foundation for liberty,” from 2020 to 2022, according to Bloomberg. Donors Trust, in turn, received $175.6 million in those two years from The 85 Fund, yet another Leo group. In the same time period, the 85 Fund was also getting money back from Donors Trust “to help finance various conservative groups,” according to CNBC.

“The 85 Fund, which paid Leo’s public affairs firm CRC Advisors $21.4 million for services in 2022, is led by Carrie Severino, the president of the Judicial Crisis Network, which spent millions on ad campaigns to get Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett confirmed to the bench,” Bloomberg reports.

That’s combined with the more than $5 million the New Civil Liberties Alliance has received since its beginning from the Charles Koch Institute and the Charles Koch Foundation. A nonprofit associated with the Koch-backed Americans for Prosperity Foundation, the Cause of Action Institute, filed one of the challenges to federal rule-making, Loper Bright Enterprises v. Raimondo. Cause of Action received $200,000 from Americans for Prosperity in 2022, according to records reviewed by Bloomberg.

This is all much less about individual rights than corporate rights. It’s about giving corporations free rein to gamble with public health and safety, dressed up as “liberty.” The New Civil Liberties Alliance’s efforts extend to bringing upcoming Supreme Court cases that would reverse the criminal ban on bump stocks—accessories that turn semi-automatic weapons into machine guns—and would prevent administration efforts to stop the spread of COVID-19 conspiracy theories and misinformation.

Reprinted with permission from Daily Kos.

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