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Wednesday, May 13, 2020

Three years out, Obama Continues to Lose Unanimously at SCOTUS with Bridgegate Loss

Obama Has Lost in the Supreme Court More Than Any Modern  President.

The 'Bridgegate' investigation was launched in 2014 by U.S. Attorney for the District of New Jersey Paul J. Fishman. He worked for the Attorney General of the U.S., Eric Holder. Obama was Holder's boss.

From a crestfallen Associated Press:
"A unanimous Supreme Court on Thursday threw out the convictions of two political  insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016  president bid of their ally, then-New Jersey Gov. Chris Christie.

The justices said there was evidence of deception, corruption, and abuse of power  in the political payback saga that involved four days of traffic jams on the  world’s busiest motor-vehicle bridge, the George Washington Bridge spanning the  Hudson River between New York and New Jersey. But “not every corrupt act by state  or local officials is a federal crime,” Justice Elena Kagan wrote for the court."
Justice Elena Kagan was nominated to the high court by Pres. Obama in May 2010, and  confirmed by the Senate that same year. Since then, Kagan has proved to be first- rate, second-rate judge, however, in this case, even a stopped clock...
"In the end, the justices concluded that the government had overreached in  prosecuting Bridget Kelly and Bill Baroni for their roles in the scheme. Kelly was  a deputy chief of staff to Christie. Baroni was a top Christie appointee to the  Port Authority, the bridge’s operator. (Christie's political standing was badly damaged by the scandal)

The court’s decision to side with Kelly and Baroni continues a pattern from recent  years of restricting the government’s ability to use broad federal laws to  prosecute public corruption cases. In 2016, the court overturned the bribery  conviction of former Virginia Gov. Bob McDonnell. In 2010, the court sharply curbed  prosecutors’ use of an anti-fraud law in the case of ex-Enron CEO Jeffrey  Skilling."
The bottom line is simple: Abuse of power is not a crime - even for Trump. Plus,  the federal statutes outlawing fraud demand that the government prove that a victim  (here, the Port Authority) lost “money or property.” There was no such loss here,  nor was that the purpose of the scheme. 

‘Bridgegate’ Was Tawdry but Not Illegal. But why a traffic jam from Fort Lee, New Jersey, across the  George Washington Bridge, and into New York City?
"Christie, a Republican, wanted to show that he had bipartisan support for a second  term as governor, and Mark Sokolich, then as now Fort Lee mayor and a Democrat, had  refused to support Christie’s reelection after receiving a “favor” from the  governor (an “expensive shuttle bus service”).

Thinking that Sokolich had to be punished for his ingratitude, the New Jersey  officials decided to show him who was the boss. (No, not that “Boss.”)

The “Great Motor Vehicle Holdup” lasted for more than a mere hour or two. It went  on for four days. (After all, we’re talking “New Joisey” here.) Those Christie  appointees had a reputation to uphold. Live by the political favor, die by the  political payback. The entire episode was a tawdry, political dirty trick."  

Obama Has Faced More Unanimous Supreme Court Smackdowns Than Any Other President
"Ilya Shapiro, a constitutional scholar with the Cato Institute and editor-in-chief  of its “Supreme Court Review,” has been tracking the number of unanimous decisions  against the Obama administration.

According to Shapiro, President Bill Clinton’s administration lost 31 Supreme Court  cases unanimously during his eight years in office. President George W. Bush’s  administration lost 30.

Obama has bested both of their records by nearly 50 percent: 44 unanimous losses."
The high court's unanimous smackdown of 'Bridgegate' extends Obama's losing streak  to 45.