John McKenzie
@jwmckenzie.bsky.social
Father. Trial lawyer. Curious. Persistent. Posts are not legal advice. All views are mine alone.
Reposted by John McKenzie
It is really, really hard to get your head around the raw hubris of the majority. They really will be destabilizing the operating structure of the entire U.S. government. Why? Because they believe they have a better idea about how the past century should've been done.
Justice Gorsuch: Is it possible--"just maybe"--that we're setting our sights far too low and we should be blowing up many more structures of modern government?
December 8, 2025 at 3:50 PM
It is really, really hard to get your head around the raw hubris of the majority. They really will be destabilizing the operating structure of the entire U.S. government. Why? Because they believe they have a better idea about how the past century should've been done.
It’s tempting to blame the media for the rise of Trump, but I think it’s inaccurate. Far right authoritarianism is rising in a lot of places with various media environments. And Trump’s character and behavior was widely reported. The problem is that millions of people like what he does.
December 8, 2025 at 4:26 PM
It’s tempting to blame the media for the rise of Trump, but I think it’s inaccurate. Far right authoritarianism is rising in a lot of places with various media environments. And Trump’s character and behavior was widely reported. The problem is that millions of people like what he does.
The idea that Trump genuinely cares about mortgage fraud, instead of using it as a pretext to remove certain people, is comical.
NEW: The Trump administration has argued that Fed board member Lisa Cook may have committed mortgage fraud by declaring more than one primary residence on her loans.
We found that Trump once did the very thing he claimed could be a crime.
We found that Trump once did the very thing he claimed could be a crime.
Trump’s Own Mortgages Match His Description of Mortgage Fraud, Records Reveal
The Trump administration has argued that Fed board member Lisa Cook may have committed mortgage fraud by declaring more than one primary residence on her loans. We found Trump once did the very thing he called “deceitful and potentially criminal.”
www.propublica.org
December 8, 2025 at 12:03 PM
The idea that Trump genuinely cares about mortgage fraud, instead of using it as a pretext to remove certain people, is comical.
Looks like he’s getting IV placements.
Trump last night had the complexion of a Thanksgiving turkey that was left in the oven too long and bandages were again visible on the back of his right hand
(photos via Getty and by Aaron Schwartz and Paul Morigi)
(photos via Getty and by Aaron Schwartz and Paul Morigi)
December 7, 2025 at 9:03 PM
Looks like he’s getting IV placements.
Congress can create federal agencies through laws that the executive branch signs. But Congress lacks the lesser power to set the employment terms of the people running the agencies it creates. This is the absurd premise of the “unitary executive” theory. 1/
Should it side with the president, the Supreme Court could supercharge Trump’s effort to assert absolute control over agencies that regulate the economy, the stock market, federal campaign finance and communications. www.democracydocket.com/news-alerts/...
Supreme Court to Hear Arguments In Trump’s Bid for Total Control of Government
Read more here.
www.democracydocket.com
December 7, 2025 at 6:34 PM
Congress can create federal agencies through laws that the executive branch signs. But Congress lacks the lesser power to set the employment terms of the people running the agencies it creates. This is the absurd premise of the “unitary executive” theory. 1/
Reposted by John McKenzie
Schiff: "I think that all of these strikes are unlawful. They are a form of extrajudicial killing. These boats are not invading the US in an armed assault ... the fact the administration may put a group of organizations on a list doesn't confer on a president the ability to kill them at sea."
December 7, 2025 at 3:31 PM
Schiff: "I think that all of these strikes are unlawful. They are a form of extrajudicial killing. These boats are not invading the US in an armed assault ... the fact the administration may put a group of organizations on a list doesn't confer on a president the ability to kill them at sea."
What’s Cotton’s argument here? I like killing people in boats so we should keep doing it?
WELKER: Is there any hard evidence showing this particular boat was headed to the US?
TOM COTTON: That didn't come up in my briefing
WELKER: Are you comfortable having the US target a boat that you're not sure is heading to the US?
COTTON: I'm not just comfortable with it -- I want to continue it
TOM COTTON: That didn't come up in my briefing
WELKER: Are you comfortable having the US target a boat that you're not sure is heading to the US?
COTTON: I'm not just comfortable with it -- I want to continue it
December 7, 2025 at 5:20 PM
What’s Cotton’s argument here? I like killing people in boats so we should keep doing it?
Ad hominem attacks: the last refuge of those called out for their willful, bad faith rejection of reality.
STEPHANOPOULOS: Do you support the pardon of the former Honduran president?
SCHMITT: I'm not familiar w/ the facts or circumstances
S: What do you mean you're not familiar? It's been front page news
SCHMITT: You spew Democrat talking points every single week, which is why your ratings are so bad
SCHMITT: I'm not familiar w/ the facts or circumstances
S: What do you mean you're not familiar? It's been front page news
SCHMITT: You spew Democrat talking points every single week, which is why your ratings are so bad
December 7, 2025 at 3:40 PM
Ad hominem attacks: the last refuge of those called out for their willful, bad faith rejection of reality.
Homan should be absolutely appalled and apologetic in the extreme if his agents mistakenly arrest or detain one (1) American citizen! They have no jurisdiction to kidnap Americans off the street. Instead we get lame excuses and rationalizations, no accountability, no consequences.
BASH: If ICE says it doesn't arrest US citizens, why do we keep seeing incidents of them aggressively pursuing citizens?
HOMAN: I can't tell you how many times an illegal alien claims to be a US citizen. It happens all the time.
HOMAN: I can't tell you how many times an illegal alien claims to be a US citizen. It happens all the time.
December 7, 2025 at 3:30 PM
Homan should be absolutely appalled and apologetic in the extreme if his agents mistakenly arrest or detain one (1) American citizen! They have no jurisdiction to kidnap Americans off the street. Instead we get lame excuses and rationalizations, no accountability, no consequences.
Drug runners are not terrorists.
The law does not treat them as terrorists. Society does not view them as terrorists. Here we have no evidence that those slain are even drug runners. Let me let you in on a little secret: even when operating in good faith, the government often gets its facts wrong.
The law does not treat them as terrorists. Society does not view them as terrorists. Here we have no evidence that those slain are even drug runners. Let me let you in on a little secret: even when operating in good faith, the government often gets its facts wrong.
“Simply calling them terrorists does not make them so. It does not unlock some hidden lethal power.” Retired Army Lt. Col. Daniel Maurer, a former Judge Advocate General, on legal questions surrounding the September 2 strike on an alleged drug boat during which a second strike killed two survivors
December 7, 2025 at 3:19 PM
Drug runners are not terrorists.
The law does not treat them as terrorists. Society does not view them as terrorists. Here we have no evidence that those slain are even drug runners. Let me let you in on a little secret: even when operating in good faith, the government often gets its facts wrong.
The law does not treat them as terrorists. Society does not view them as terrorists. Here we have no evidence that those slain are even drug runners. Let me let you in on a little secret: even when operating in good faith, the government often gets its facts wrong.
Reposted by John McKenzie
Mark Kelly: "They are not silencing me. I'm still speaking out. I still am going to do my job every single day regardless of whether this president wants to kill me, hang me, execute me, or shut me up. I'm not gonna shut up."
December 7, 2025 at 2:39 PM
Mark Kelly: "They are not silencing me. I'm still speaking out. I still am going to do my job every single day regardless of whether this president wants to kill me, hang me, execute me, or shut me up. I'm not gonna shut up."
Reposted by John McKenzie
A reminder that "we just want immigrants to come here the *right* way!" was always a lie
December 7, 2025 at 1:21 AM
A reminder that "we just want immigrants to come here the *right* way!" was always a lie
When far right authoritarians team up to “defend democracy” by dismantling multilateral institutions, you know it’s an absolute con job.
This is so perfect. No one have any doubts at this point about what Elon Musk really represents.
December 7, 2025 at 2:02 PM
When far right authoritarians team up to “defend democracy” by dismantling multilateral institutions, you know it’s an absolute con job.
DOGE cuts are disproportionately responsible for an additional 200,000 projected early childhood deaths worldwide. Cutting off vaccines and medical help is killing the most vulnerable in the world.
time.com/7338791/chil...
time.com/7338791/chil...
For the First Time This Century, Child Mortality Is Likely to Rise
The latest report from the Gates Foundation predicts an alarming trend for the health of children around the world.
time.com
December 7, 2025 at 1:59 PM
DOGE cuts are disproportionately responsible for an additional 200,000 projected early childhood deaths worldwide. Cutting off vaccines and medical help is killing the most vulnerable in the world.
time.com/7338791/chil...
time.com/7338791/chil...
There is an international movement to destroy liberal democracy. National borders mean less than ideological ones do. The EU is an ally. Canada is an ally. Musk, Russia, and the far right media disinformation ecosystem are all adversaries.
Every right-wing oligarch, podcaster, hack, Russian apologist, paid influencer, and bot has been activated in a coordinated manner to attack Europe after the EU fined Musk.
December 7, 2025 at 1:22 PM
There is an international movement to destroy liberal democracy. National borders mean less than ideological ones do. The EU is an ally. Canada is an ally. Musk, Russia, and the far right media disinformation ecosystem are all adversaries.
Some of the societies with the lowest crime also have very forgiving penal codes—far more forgiving than ours. It’s true that extreme violence in some countries deters crime. It also tends to deter a lot of joyful conduct in those societies, too.
MacKenzie Scott: *donates $50M every 10 hours°
Joe Lonsdale, co-founder of Palantir: "I want to see people hang"
Joe Lonsdale, co-founder of Palantir: "I want to see people hang"
December 7, 2025 at 1:02 AM
Some of the societies with the lowest crime also have very forgiving penal codes—far more forgiving than ours. It’s true that extreme violence in some countries deters crime. It also tends to deter a lot of joyful conduct in those societies, too.
Birthright citizenship is a settled question. Settled in the 1890s. Treated as settled by all courts, Congresses, and pre-Trump Presidents. It’s not a matter of first impression.
It’s too charitable to say there’s no good reason to reverse precedent. There’s no bad reason, either. There’s no reason
It’s too charitable to say there’s no good reason to reverse precedent. There’s no bad reason, either. There’s no reason
There are many constitutional questions that are complicated. There are many questions around the Citizenship Clause that are complicated. The citizenship of the children of unlawful entrants and temporary visitors to the US is not complicated.
blog.dividedargument.com/p/complicati...
blog.dividedargument.com/p/complicati...
Complications and Clarity in Birthright Citizenship
The conventional wisdom is right.
blog.dividedargument.com
December 6, 2025 at 11:34 PM
Birthright citizenship is a settled question. Settled in the 1890s. Treated as settled by all courts, Congresses, and pre-Trump Presidents. It’s not a matter of first impression.
It’s too charitable to say there’s no good reason to reverse precedent. There’s no bad reason, either. There’s no reason
It’s too charitable to say there’s no good reason to reverse precedent. There’s no bad reason, either. There’s no reason
As a reminder, all public officials in the federal government hold their powers in trust for the benefit of the American people.
Donald Trump just removed Martin Luther King Jr. Day and Juneteenth from the list of free entry days at national parks.
They are being replaced with Trump’s birthday.
They are being replaced with Trump’s birthday.
December 6, 2025 at 8:10 PM
As a reminder, all public officials in the federal government hold their powers in trust for the benefit of the American people.
Reposted by John McKenzie
The US government is summarily executing people on a weekly basis without telling the American people any of their names or presenting any proof of their guilt, for alleged crimes that do not carry the death penalty in the US.
December 6, 2025 at 2:17 PM
The US government is summarily executing people on a weekly basis without telling the American people any of their names or presenting any proof of their guilt, for alleged crimes that do not carry the death penalty in the US.
Reposted by John McKenzie
Trump Wins Hooters Peace Prize
December 6, 2025 at 12:27 PM
Trump Wins Hooters Peace Prize
I took snake oil to cure Covid. I wasn’t allowed to say it— a sad story with many victims, chief among them me. The other victims were my fellow “snake-oilers” cowed into silence and millions of afflicted denied my snake oil cure. Fortunately, I am now paid handsomely to complain about it on TV.
Maria Bartiromo to FDA Commissioner Marty Makary: "I remember during covid, I took ivermectin and I got slammed for it. I remember coming out and saying, 'Guess what, I took ivermectin and I'm fine two days later.' And yet you weren't allowed to mention ivermectin either."
December 5, 2025 at 1:26 PM
I took snake oil to cure Covid. I wasn’t allowed to say it— a sad story with many victims, chief among them me. The other victims were my fellow “snake-oilers” cowed into silence and millions of afflicted denied my snake oil cure. Fortunately, I am now paid handsomely to complain about it on TV.
Reposted by John McKenzie
The boat was split in half.
They were clinging to a capsized PORTION
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight"
They were clinging to a capsized PORTION
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight"
December 5, 2025 at 1:10 AM
The boat was split in half.
They were clinging to a capsized PORTION
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight"
They were clinging to a capsized PORTION
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight"
This, in a very broad sense, is why the law and common sense distinguish between war and law enforcement. Drug trafficking is a crime, not war. It is tried in courts. The government must carry its burden of proof, so it uses power judiciously. Witnesses get cross-examined on what really happened.
🚨🚨🚨This collapses the one 'argument' Hegseth had against it being a war crime:
"The two men killed as they floated holding onto their capsized boat .. DID NOT APPEAR TO HAVE RADIO OR OTHER COMMUNICATIONS DEVICES, the top military official overseeing the strike told lawmakers."
1/
"The two men killed as they floated holding onto their capsized boat .. DID NOT APPEAR TO HAVE RADIO OR OTHER COMMUNICATIONS DEVICES, the top military official overseeing the strike told lawmakers."
1/
Exclusive: Survivors clinging to capsized boat didn’t radio for backup, admiral overseeing double-tap strike tells lawmakers | CNN Politics
The two men killed as they floated holding onto their capsized boat in a secondary strike against a suspected drug vessel in early September did not appear to have radio or other communications device...
www.cnn.com
December 5, 2025 at 10:43 AM
This, in a very broad sense, is why the law and common sense distinguish between war and law enforcement. Drug trafficking is a crime, not war. It is tried in courts. The government must carry its burden of proof, so it uses power judiciously. Witnesses get cross-examined on what really happened.
Reposted by John McKenzie
The subheading of this essay is a powerful note to strike:
"The real danger is not the fog of war itself, but leaders who hide behind it when the picture is already clear."
The author is Brigadier General (Ret.) Donald C. Bolduc, former U.S. Army Special Forces Commander
"The real danger is not the fog of war itself, but leaders who hide behind it when the picture is already clear."
The author is Brigadier General (Ret.) Donald C. Bolduc, former U.S. Army Special Forces Commander
The Bolduc Brief: The Impact of the Fog of War on Military Decision-Making
The real danger is not the fog of war itself, but leaders who hide behind it when the picture is already clear.
sofrep.com
December 5, 2025 at 3:36 AM
The subheading of this essay is a powerful note to strike:
"The real danger is not the fog of war itself, but leaders who hide behind it when the picture is already clear."
The author is Brigadier General (Ret.) Donald C. Bolduc, former U.S. Army Special Forces Commander
"The real danger is not the fog of war itself, but leaders who hide behind it when the picture is already clear."
The author is Brigadier General (Ret.) Donald C. Bolduc, former U.S. Army Special Forces Commander
Again the proper framing here is a “boat drive-by,” not a “fight” or “war.” “Fight” implies the other side is or imminently might attack you violently. That’s not what’s happening here. There’s no evidence that the people being murdered on the boats are armed.
an example of starting to believe your own bullshit. does anyone think being a drug smuggler is a "fight"? It's a business. they're so deep into this "narco-terrorist" language they're thinking these are some kind of hardened cocaine ideologues. theyre all eager to join Mar a Lago.
Q: What did you see in the second strike?
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight."
Cotton: "I saw two survivors trying to flip a boat -- loaded with drugs, bound for the United States -- back over, so they could stay in the fight."
December 5, 2025 at 10:15 AM
Again the proper framing here is a “boat drive-by,” not a “fight” or “war.” “Fight” implies the other side is or imminently might attack you violently. That’s not what’s happening here. There’s no evidence that the people being murdered on the boats are armed.