Commentary: Special Counsel Hur Says Biden ‘Elderly Man with Poor Memory’

Biden Meeting

The same week Joe Biden publicly confused two European leaders with their deceased predecessors and passed on the traditional softball Super Bowl Sunday interview, a new report from Special Counsel Robert Hur described the president as “a sympathetic, well-meaning, elderly man with a poor memory.”

The confluence of events raised further questions about the mental acuity of the 81-year-old executive, doubts that Biden did little to dispel in a defiant session with the press at the White House Thursday evening. Biden took particular umbrage with what he described as “extraneous commentary” contained in the report.

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California County Sued over Non-Citizen Voting Records as States Diverge on Letting Foreigners Vote

A California county has been sued by an election integrity watchdog over not making non-citizen voting records available while states are divided on whether non-citizens should be permitted to vote in U.S. elections.

Some states are allowing non-citizens to vote in local elections while others are prohibiting it. Alameda County in California is being sued for not producing voter registration and voting records of non-citizens.

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Supreme Court to Consider Whether Agency’s In-House Trials Violate the Constitution

The Supreme Court will consider next week whether the Securities and Exchange Commission’s (SEC) use of in-house judges violates the right to a jury trial guaranteed in the Seventh Amendment.

Congress empowered the SEC to use its own in-house administrative law judges (ALJs) to try cases brought by agency enforcement when it passed the Dodd-Frank Act following the 2008 financial crisis. George R. Jarkesy, who has been caught in the SEC’s administrative proceedings since the agency charged him with fraud relating to his investment activities in 2013, challenged that grant of power as unconstitutional.

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SCOTUS Returns Oklahoma’s Right to Prosecute Crimes on Native American Land

The Supreme Court ruled in favor of the state of Oklahoma Wednesday in a case that weighed whether a state can prosecute crimes committed by non-Native Americans against Native Americans on reservation land.

Oklahoma v. Castro-Huerta involved a non-Native American defendant Victor Manuel Castro-Huerta, who admitted to “severely” under nourishing his 5 year-old stepdaughter, a Cherokee citizen. The state charged Castro-Huerta and his wife for child neglect. Castro-Huerta’s sentence was 35 years in prison with a possibility of parole.

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Supreme Court to Hear Challenge to California Farmers’ Case Against Government-Sanctioned Invasion of Private Property

The U.S. Supreme Court has agreed to hear a case brought by the Pacific Legal Foundation on behalf of Cedar Point Nursery and Fowler Packing Company asking it to invalidate a California regulation requiring union employees to enter private property for roughly 360 hours a year.

The plaintiffs are suing the California Agricultural Labor Relations Board (CALRB), its chairman, two board members and executive secretary, arguing a state regulation allowing union organizers to access private property for the purposes of soliciting support violates the Fourth and Fifth Amendments to the U.S. Constitution. When doing so, the unions are authorizing “a seizure and taking of possessory interests in private property, including the right to exclude others,” the plaintiffs argue.

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