TheRepLawyer Blog Has Moved!

TheRepLawyer blog has moved to the RNLA's new website: http://www.rnla.org/blog.  This site will remain active as an archive of the RNLA's historical blog posts.  

We invite you to visit the new blog at http://www.rnla.org/blog.  The first blog post on the new website is now live, and all future blog posts will be posted there.  Thanks for reading!

Letter from RNLA Founding Chair Bob Horn on Ron Hicks Winning Chairman's Award

Dear Michael,

I am especially pleased that the Republican National Lawyers Association has selected Ron Hicks to be the second recipient of the Robert J. Horn Chairman’s Award.  Ron personifies the attributes and skills that all of us at RNLA value in terms of insuring the accuracy and honesty of elections and the election process.  The RNLA has a targeted set of missions - all complementary, and none of which duplicate missions accomplished elsewhere.  From my perspective, its most important mission is to ensure open, fair and honest elections at all levels of American society in a non-discriminatory manner and to provide access to the polls to all qualified and eligible voters.

Your participation in this Seminar evidences your desire to accomplish this mission by receiving election law training from our members who are among the most qualified election law professionals from all over the country. Through the efforts of volunteers like Ron Hicks, we have been able to respond to requests for assistance from Republican Party organizations and its candidates by communicating the requests to all of you and having you volunteer and work pro bono to address these concerns.

I was introduced to Ron by Heather Heidelbaugh, on election day 2004, when I went to Pittsburgh to help out by working in the call center they created to protect the honesty of the presidential election process. What I discovered, was an efficient and well run operation that anticipated many of the issues that arose or could have arisen as a result of Democrat initiatives to change the outcome of the electoral process. Ron and Heather were the lead counsels at the time and Ron represented the campaign by requesting expedited decisions from the Pennsylvania Supreme Court under the Pennsylvania Election Code.  His success in handling these matter before Democrat Supreme Court Justices contributed greatly to ensuring a positive electoral outcome.

Since then Ron has continued to contribute greatly to the Republican Party in Pennsylvania and to the RNLA. In addition to having a successful  private practice, Ron has worked as Co-General Counsel and as a member of the Board of Governors for the Republican National Lawyers Association.  He is a founding board member and former chair of the RNLA’s Pittsburgh Chapter.  He serves as the Deputy Solicitor for Western Pennsylvania for the Pennsylvania Republican State Committee, and is an elected member of the Republican Committees of Allegheny County and Pittsburgh, and the County Committee’s Solicitor and chair of the City Committee’s 3rd Council District in Pennsylvania. 

As a result of what he accomplished and for everything he has done, I am especially pleased and honored that Ron has been selected as the second recipient of the RNLA’s Robert J Horn Founding Chairman’s award.  Although I am saddened that I cannot join you at the conference this year, I wish you great success and hope that I can join you next time.   Best wishes to all of you, especially Ron and hope that all of you will find the time to help the Republican cause in the upcoming mid-term election. 

Sincerely,

Bob Horn

Justice Anthony Kennedy Retires From The Supreme Court

In what turned out to be one of the most important days in American history, Supreme Court Associate Justice Anthony Kennedy announced his resignation from the Bench after more than thirty years of service. The 1987 appointee of President Ronald Reagan hand delivered President Donald Trump a resignation letter that stated: 

My dear Mr. President,   

This letter is a respectful and formal notification of my decision, effective July 31 of this year, to end my regular active status as an Associate Justice of the Supreme Court, while continuing to serve in a senior status, as provided in 28 U.S.C 371 (b). 

For a member of the legal profession it is the highest of honors to serve on this Court. Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret, and defend the Constitution and the laws that must always conform to its mandates and promises. 

Respectfully and sincerely,  

Anthony Kennedy

The RNLA immediately issued the following press release:

The Republican National Lawyers Association (RNLA) honors Supreme Court Justice Anthony Kennedy, who announced his retirement from the Supreme Court today. In his over 30 years on the Court, he has written some of the most seminal opinions in modern jurisprudence, and he will be remembered as one of the most important Supreme Court justices in American history. 

Justice Kennedy’s retirement leaves an important vacancy on the Supreme Court, and President Donald Trump will now have the opportunity to nominate a new Supreme Court justice from his superb list of potential Supreme Court nominees who respect the text of the Constitution and the role of the Court. While Senate Democrats have obstructed and delayed President Trump’s judicial nominees whenever possible, we trust that President Trump’s nominee will be vetted and confirmed due to the strong leadership of Senate Judiciary Committee Chairman Chuck Grassley and Majority Leader Mitch McConnell. 

RNLA President Elliot Berke stated: “Since he was appointed by President Reagan in his second term, Justice Kennedy has been an important voice on the Court. We wish him nothing but the best in retirement. President Trump has mentioned many excellent candidates to replace Justice Kennedy, and we urge the Senate to not play politics but consider his nominee in as expedient a manner as possible.” 

RNLA Chair John Ryder agreed: “Justice Kennedy has been a champion of First Amendment rights from political speech to the free exercise of religion. His voice and views have made a great contribution to our understanding of the Constitution."

Senate Majority Leader Mitch McConnell praised Justice Kennedy, particularly for his work in defending the First Amendment:

I want to express gratitude for the extraordinary service that Justice Kennedy has offered our nation. We owe him a debt of thanks for his ardent defense of the First Amendment right to political speech. #SCOTUS

— Leader McConnell (@SenateMajLdr) June 27, 2018

Chairman of the Senate Judiciary Committee Chuck Grassley said this of Justice Kennedy's tenure:

I thank Justice Kennedy for his decades of service to the law, to our republic + to the American ppl Our country owes him a debt of gratitude

— ChuckGrassley (@ChuckGrassley) June 27, 2018

The RNLA has a panel of legal experts available to discuss the retirement and the process for replacing Justice Kennedy. 

The RNLA will update this blog post as additional news comes out.

Last updated: June 27, 2018 at 5:00pm.

RNLA to Host Florida Election Law CLE Training Amidst Key State Races

Maybe never in American history has the integrity of the electoral process and upholding the rule of law been more important than in 2018. Just in the past few months there has been significant evidence of voter fraud and allegations of corruption plaguing high level polling officials.

On June 28th, the Republican National Lawyers Association will be hosting an election law CLE presentation in Kissimmee, Florida. A major goal of the RNLA event will be to restore the high standard of honesty, integrity, and transparency in American elections. Panelists at the event will include some of the most respected and high-profile attorneys and officials in the state of Florida. Topics for the esteemed panelists will range from legal ethics, First Amendment issues on college campuses, and election law in general.

In addition to the electoral related discussion, the RNLA’s CLE presentation at the ‘Sunshine Summit’ will break down two key races in the state. First, the two major candidates for the Republican nominee for Attorney General will be speaking and sharing their vision for the position that is the most powerful attorney in the state. Speaking first will be Judge Ashley Moody who will then be followed by Representative Frank White. Judge Moody was the youngest judge in the history of Florida when she was appointed to the Circuit Court at the age of 31 in 2006. Representative White is an attorney who has represented the 2nd district in the state house since 2016.

The presentation will also include Jessica Furst Johnson hosting a discussion breaking down the key senate race in the Sunshine State. Governor Rick Scott looks to build on the success he has had as governor and unseat incumbent Democrat Senator Bill Nelson. Not only will attendees hear about the candidates and the races, they will also learn how they can get involved.  The event will take place at the Gaylord Palms Resort in Kissimmee, Florida starting at 10 am on Thursday, June 28. For more information on the event, visit the RNLA event page or RSVP here.

"Nazis," Bias, and Social Media

Today, we saw a lesson in social media. This morning if you searched “California Republicans” on Google, you saw a summary screenshot of “ideologies” for the California Republican Party with the first listed as “Nazism.”

While officially Google refers you to their “Feedback” button to report a concern, the reality is this was only changed due to pressure from right-of-center social media groups and Republican leaders such as House Majority Leader Kevin McCarthy:

Dear @Google,
This is a disgrace ⬇️ #StopTheBias pic.twitter.com/8EZhtOLcOD

— Kevin McCarthy (@GOPLeader) May 31, 2018

Sadly, this is just the latest incident in a disturbing trend to slander conservatives. These damaging actions must be held to account. #StopTheBias https://t.co/6ztyuc772s

— Kevin McCarthy (@GOPLeader) May 31, 2018

RNLA Vice President for Communications and RNC Committeewoman Harmeet Dhillon flagged this on her Facebook page and RNLA helped let the “movement” know about this problem early this morning. It spread fast and Google removed the offensive section and instead tried to cast the blame on Wikipedia.

The fact of the matter is that although--subject to pressure--Google “fixed” the problem as of 5:00 p.m. Eastern, “California Democrats” have an ideology listing while “California Republicans” do not.

What makes this all more troubling is the proximity to the California primary. Coupled with Facebook’s refusal to verify Republican candidates such as California Secretary of State candidate Mark Meuser, the bias of the Silicon Valley social media giants remains concerning. As we saw today, the solution is, at least in part, to fight back.

RNLA Files Comment with FEC on Internet Ad Disclaimers

Today, the RNLA submitted a comment to the Federal Election Commission on its proposed rule making on Internet advertisement disclaimers:

An important, but often overlooked, part of open, fair, and honest elections is ensuring that the political discourse surrounding elections is free and not subject to over-regulation by the government or the political party currently in power. If voices in the political debate are suppressed through regulation, then voters go to the polls without being truly informed.  

The First Amendment to the Constitution protects against abridgement of the freedom of speech by the government. Core political speech is subject to the highest protection under the Constitution, as the Supreme Court described in Buckley v. Valeo: “Discussion of public issues and debate on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. The First Amendment affords the broadest protection to such political expression in order ‘to assure [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people.’” This broad protection includes “discussion of candidates” and the “constitutional guarantee has its fullest and most urgent application precisely to the conduct of campaigns for political office.”   

As the public discourse has increasingly shifted to the Internet, political advertising has shifted as well, prompting the Federal Election Commission (FEC) to consider how to adapt its regulations to new and constantly changing forms of advertisement. Many of the regulations regarding disclaimers and disclosure that were designed for radio, print, and television advertisements are simply impossible to place in a small or short Internet advertisement or, if practicable, would obscure the entire message of the advertisement. The RNLA applauds the FEC for taking a cautious approach and seeking public comment on this important issue to ensure that the FEC’s disclosure goals are met without unduly restricting the rights of the speakers in political advertisements on the Internet.  

A realistic approach to Internet advertisement disclaimers needs to recognize both the opportunities and the limitations inherent in Internet advertisement technology and the constantly changing nature of the medium. The regulations must be clear and flexible enough to adapt to future technological developments and changes.

The RNLA joined other conservative organizations in urging the FEC to take a reasonable, flexible, and clear approach to Internet political advertisements that would not suppress political speakers' right to disseminate their messages online and would adapt with constantly changing technology.

The Institute for Free Speech analyzed the proposal in detail, noting how the FEC's disclaimer regulations are not suited to modern means of advertisement and thereby burden speakers (footnotes omitted):

Requiring disclaimers that will, in many cases, consume a substantial portion of a particular advertisement will impose significant burdens on these speakers. This is especially true for poorly-resourced individuals and groups relying on small or brief online advertisements precisely because they are cost effective. 

These burdens are not hypothetical. Advertisements are getting shorter, but the disclaimer requirements stay the same. Fifteen-second advertisements are an industry standard, and six-second advertisements loom on the horizon. The short run-times forces the speaker to spend more time disclaiming and less time getting their message out. One congressional candidate’s fifteen-second advertisement was cut in half by the required disclaimers. Even those who have more experience running political communications cannot get the disclaimers down to a manageable level. AFT Solidarity produced a fifteen-second video advertisement, where the spoken and visual disclaimers required a third of the advertisement’s run time. Political speakers are already using new platforms, such as Snapchat, that carry strict limitations. For example, New Day for America ran an advertisement on Snapchat featuring Governor John Kasich, and another Snapchat advertisement supported Senator Rand Paul’s view on tax cuts. These are but the start of the new trend in shorter advertisement times on new platforms. 

The fact that the FEC has taken several opportunities to seek public comment and carefully consider any proposals on Internet advertisement disclaimers is a testimony to constant vigilance by current FEC commissioners Caroline Hunter and Matthew Petersen, and many former Republican FEC commissioners, to fight against the Democrats' headlong rush to regulate Internet speech. 

RNLA Honors Founding Chair Bob Horn

The RNLA recently announced two initiatives to honor its Founding Chair Bob Horn: re-naming the Chairman's Award in his honor to the Robert J. Horn Chairman's Award and establishing the Bob Horn Fund for Law Students to encourage law student participation in the RNLA:

The Robert J. Horn Chairman’s Award is presented by the RNLA Chair annually at the National Election Law Seminar and recognizes individuals for extraordinary dedication to the RNLA. It is given to individuals whose contributions have significantly furthered the RNLA mission – advancing professionalism, open, fair and honest elections, career opportunity, and Republican ideals – and made a noteworthy and positive impact for the Republican Party and the United States of America. . . . 

The Bob Horn Fund for Law Students was established through a generous donation from political.law, a leading political law firm founded by longtime friend and Life Member of the RNLA, Dan Backer. It will provide financial assistance to law students who wish to attend the RNLA’s annual National Policy Conference and National Election Law Seminar and assist in the establishment of law student chapters in key states throughout the country.  

Bob Horn has had a long and distinguished legal career and service to the Republican Party, and his vision for an organization of Republican lawyers led to the establishment of the RNLA over 30 years ago.  Current and former RNLA chairs praised him:

Current RNLA Chair John Ryder said of Mr. Horn: “RNLA wouldn’t exist without Bob Horn. He provided the inspiration, guidance and leadership to get us started and keep us going. He is the very model of a gentlemen and a lawyer.” 

Immediate past RNLA Chair and first female RNLA Chair Kimberly Reed noted: “Bob Horn is to be applauded for his vision in founding the RNLA, which now is a remarkable organization of 6,000 lawyers across the United States. As Ronald Reagan said: ‘The greatest leader is not necessarily the one who does the greatest things. He is the one that gets the people to do the greatest things.’ Because of Bob’s leadership, RNLA lawyers have come together as a force to advance professionalism, open, fair, and honest elections, career opportunity, and Republican ideals.” 

Past RNLA Chair Richard Wiley agreed: “Renaming the Chairman’s Award in Bob Horn’s name is very appropriate. He really is the father of RNLA and has contributed so much of his time, energy and considerable talents over many years to our Association. He very much deserves this honor.”

Thank you to Bob Horn for his many years of service to the Republican Party and this country and his leadership of the RNLA. 

A True Journalist Laments the Death of Reporting the News

Although Howard Kurtz probably would not put it this way, he is a dying breed of journalist. He believes in journalists reporting the news and not journalists writing their preferred narrative. His new book Media Madness: Donald Trump, the Press, and the War Over the Truth details how many of his fellow reporters have declared war on journalism itself. As he writes in the afterword:

No less a figure than Jimmy Carter, who endured more than his share of bad press, told columnist Maureen Dowd that “the media have been harder on Trump than any other President” he had seen and “feel free to claim Trump is mentally deranged.”

I’ve been pretty tough on my profession in this book, and I know that will bring a ton of personal criticism my way.  Fair enough. But I believe I’m standing up for the fundamental values of journalism, which have gotten sadly twisted in the Trump era.

Kurtz’s book gives many examples of journalism malpractice and an inside look at the White House's communications shop.  But that is not the point of his book.  The point of his book is that many journalists and editors have given up any pretense of reporting the news and instead have become partisans and members of the Never Trump or “resist” movements. 

This is not just when as CNN famously did in a libelous story devoid of truth on Anthony Scarrumucci.  A less obvious example was a Washington Post effort to take a factually true bit of information about a 2014 real estate deal of Jared Kushner's company and make some enormous leaps that strained all credulity that it was somehow tied to Russian money laundering.  Both were big scoops when released and both were bogus. 

But Kurtz is definitely not trying to curry favor with the Trump Administration, Fox News, or even those who believe the “mainstream media” is fake news.  He is for reporting the news.  Unfortunately others in his profession are opposed to this when it comes to Trump.  In one chapter, "Trump Trauma", Kurtz details how his colleagues consider Trump as a foe who must be defeated, not worthy of any sort of factual or news reporting.  (Kurtz points out how Huffington Post put Trump in the entertainment section of their blog up until Election Day.)

In my opinion, the New York Times is one of the worst offenders.  Kurtz describes how his counterpart there, New York Times Media Columnist Jim Rutenberg, justifies an end to factual news-based reporting:

. . . you have to throw out the textbook American journalism has been using for the better part of the past half-century, if not longer, and approach it in a way you’ve never approached anything in your career.  If you view a Trump presidency as something that’s potentially dangerous, then your reporting is going to reflect that.  You would move closer than you’ve ever been to being oppositional.  That’s uncomfortable and uncharted territory for every mainstream, non-opinion journalist I’ve ever known and by normal standards, untenable. 

Throughout his book Kurtz is lamenting his profession much as a judge if he were told there were no laws or precedents to base his rulings on, or a police officer if told he was free to arrest anyone he didn’t like.  This is not the way journalism is supposed to work. 

As Kurtz concludes:

Donald Trump will not be president forever, but the media’s reputation, badly scarred during these polarizing years, might never recover.

Howard Kurtz will be speaking to the RNLA in DC on Thursday.  Please sign up here.  

RNLA Elects New Officers and Board of Governors Members

Today, the RNLA recognized the new officers and members of the Board of Governors elected at its recent annual board meeting:

RNLA President Elliot Berke stated: “I welcome our new and returning board members, as well as our new and returning officers to what I expect to be an historic year for the RNLA. It’s an honor to serve as your President during this important time in our history.” 

RNLA Executive Director Michael Thielen agreed: “I am honored to work for and with these distinguished Republican attorneys. I am especially pleased that, after having our first female chair last year in Kimberly Reed, there are now four women officers leading the RNLA. We look forward to a strong year.” 

Five new officers were elected for 2018. John Ryder of Memphis, Tennessee, was elected Chair. . . . Joanne W. Young of Washington, DC, was elected Co-Chair. . . . Harmeet K. Dhillon of San Francisco, California, was elected Vice President for Communications. . . . Thomas Wheeler of Indianapolis, Indiana was elected Vice President for Programming. . . . Audrey Perry Martin of Sacramento, California was elected Vice President for Membership. . . .   

Three new members of the Board of Governors were elected for 2018, joining the 43 incumbent members of the Board of Governors. 

Marc Ellinger of Jefferson City, Missouri, . . . Linda A. Kerns of Philadelphia, Pennsylvania, . . . [and] Chris Marston of Alexandria, Virginia . . . .

For more information about the new officers and members of the Board of Governors, please read the full press release here.  The RNLA looks forward to an excellent year under these new leaders and the existing leadership they joined.

Larry Levy Honored as 2017 Republican Lawyer of the Year

Next Wednesday evening at the City Club of Washington, DC, the RNLA will host a reception honoring Larry Levy, who was selected by the RNLA Board of Governors as the 2017 Republican Lawyer of the Year.  RNLA's leadership praised Mr. Levy as very deserving of this honor:

RNLA President Elliot Berke praised the selection: “Larry is a true lawyer’s lawyer, and a consummate professional. I had the honor of nominating him to the RNLA board many years ago, and I couldn’t be happier to see him receive our Lawyer of the Year award. I thank him for all he’s done for the cause and his friendship.”

RNLA Chair Kimberly Reed highlighted Mr. Levy's core strengths: “In the decade I have known and worked with Larry Levy, I can attest to the values that Mayor Rudy Giuliani sees in him. Most importantly, he is dedicated to the United States Constitution and rule of law. On a personal note, Larry's steadfast dedication to the children who lost a parent or sibling on September 11th speaks volumes about his character. On behalf of the RNLA Board of Governors, I thank Larry for his service to RNLA and our mission.”

RNLA Co-Chair and former RNC General Counsel John Ryder added: “Larry has been a strong leader for the integrity of the ballot, for RNLA and for the country. He is truly deserving of Republican Lawyer of the Year.”

RNLA Executive Director Michael Thielen agreed: “Larry is one of the most influential lawyers I know; his influence is very broad. His efforts, both personally and professionally, in the 2016 election were essential to ensuring that it was an open, fair, and honest election that led to historic victories for Republicans at every level of the ticket. Yet he is very humble and would not ‘toot his own horn.’ Working with Larry for years has been one of my great pleasures, and I can think of no lawyer more deserving of being Republican Lawyer of the Year this year.” 

Former Mayor Rudy Giuliani will attend the reception, and several very special guests, whose names we are not able to release, have also confirmed.  There is still time to purchase a ticket ahead of next Wednesday's celebration. 

How Governor Larry Hogan is Changing Maryland

2014 saw a record-breaking Republican wave. Disappointed with Obama-era policies, Republicans had a net gain of nine seats in the United States Senate, the largest for either party since 1980. They also gained 13 seats in the House of Representatives, giving them their largest majority in the House since 1928. On the state-level, Republican Governors won two seats previously occupied by Democrats, a net gain of two seats.

The most unexpected and unlikely Republican gubernatorial pickup? Maryland. When the dust from the party primaries cleared, Republicans chose Larry Hogan, a member of Governor Ehrlich’s Cabinet who had never held elected office before, against sitting Lieutenant Governor Anthony Brown. Brown was the handpicked successor of Governor Martin O’Malley. In a state where Democratic registered voters outnumber Republicans by a two-to-one margin, there seemed to be little hope for the real estate executive from Anne Arundel County.

But as the campaign wore on, Mr. Hogan was staying competitive against all odds. Even Maryland Democrats seemed uninspired by four more years of Martin O’Malley. Focusing on taxes and the economy, he pulled a huge five-point upset. Now came the real challenge of being a Republican Governor in an overwhelmingly Democratic state.

Despite battling cancer early in his term, Governor Hogan delivered on a promise to cut $1.7 billion in waste from the state government. He rolled back road, tunnel, and bridge tolls, and pared back fees paid to some state agencies.  He has signed three consecutive budgets without a tax increase. Since he took office, Maryland went from losing 100,000 jobs to creating over 110,000 new jobs by bringing new private sector opportunities to Maryland that will position the state for further growth. All these changes have moved Maryland from 49^th in job creation to 10^th. 

As Governor Hogan has said, “we can disagree without being disagreeable.” He is evidence that we all have the same noble goal of a prosperous economy that provides opportunity, but different ways and paths to get there. Marylanders are seeing after eight years of full party Democratic control what a Republican Governor has done in less than three years. Focusing on commonsense reforms like small government and fiscal responsibility, Governor Hogan provides a bright path for all in the Old Line state, truly showing that Maryland is open for business.   

The RNLA is pleased to have Governor Hogan speak at its September luncheon in Washington, D.C. this Friday, September 1 at noon at the Capitol Hill Club.  More information is here, but this event is now sold out.

This blog post was written by RNLA Maryland Chapter Chair Brian Bennett.

GOP Taking Action on Failing Obamacare

As Senate Republicans work to fix the U.S. healthcare system, the Democrats have made fantastical and wild statements about the affects any change will have to people’s access to medical treatment. Senate Majority Leader Mitch McConnell today announced that the Senate would not vote on the GOP healthcare bill until after recess, to continue perfecting the policy specifics. We must not forget, however, that the Affordable Care Act has already done considerable damage to our healthcare system.

As pointed to in the RNLA’s annual National Policy Conference on May 5th, the Affordable Care Act is not good for anyone. Dennis Kirk, an RNLA Lifetime member among the audience, asked the panel: “When do you anticipate total failure of Obamacare and can we beat that before it gets there?” Michael Franc, Hoover Institute’s Director of DC Programs, answered Mr. Kirk’s question first:

If the black letter had been adhered to it would have happened already. It’s structurally not sustainable, and the only reason it has been in effect for this long, frankly, is that there has been this serial ignorance, or ignoring the actual language, and finding ways to direct subsidies in that really shouldn’t go there under the way the law is written.

Congressman Keith Rothfus (PA-12), also on the panel, related that Obamacare is already failing:

In many areas it’s already felt. We learned this week 94 out of 99 counties in Iowa will not have a single insurer on their exchange to choose from.

Needless to say, the GOP is taking the initiative to reform another failing government program, while the Democrats have marching orders for obstructionism.

On a side note: Ilya Shapiro, who was the third member of the RNLA panel, is celebrating his birthday today. Happy Birthday, Ilya!

Does the Real Election Interference Involve the Democrats?

In May, RNLA Executive Director Michael Thielen recounted the Obama administration’s long held propensities for election tampering, the latest effort being the DHS’s bid under former Secretary Jeh Johnson to infiltrate numerous state election voter databases during the 2016 election cycle.

Johnson testified last week before the Senate Intelligence Committee, however, that, even though he did not believe that “votes were altered or suppressed in some way,” his organization did not report on potential Russian hacking for the sake of non-partisanship.

David Warrington, RNLA Vice President for Election Education, highlights the Democratic Party’s herculean attempt during this hearing to scapegoat anyone else for its own illegal forays into elections:

Leaving aside for a minute that Russia ‘hacking’ the 2016 election is a wildly inaccurate portrayal of Russia's digital meddling — which to date are only allegations, nothing proven — there's likely another reason Johnson wasn't quick to cry foul: some of the known, legitimate attempts to hack into state election databases were perpetrated by Johnson's own organization, the Obama-led DHS.

DHS is not alone.  As we detailed Friday, even Democrats are raising questions of interference with the election regarding Obama Administration Attorney General Loretta Lynch. What does all this mean?  As Warrington concludes the continued fixation on Russia:

They are little more than an attempt to protect the previous administration from being exposed as election meddlers, albeit unsuccessful ones. But Hillary Clinton's leaked emails, which showed the Democratic National Committee colluding with her campaign to ensure she won the nomination over Bernie Sanders, have already proven that meddling in democratic processes is a strategy the left employs to win. 

Partisan politics in the end is driving this Russia hacking myth. And as Michael Thielen put it, “the reality is that there’s more evidence linking a US federal agency under Obama to state election hacking than there is linking Russia to the presidential election.”

Authors of "Shattered: Inside Hillary Clinton's Doomed Campaign" to Speak at RNLA Luncheon on Friday in Washington, D.C.

This Friday, May 19, the RNLA will be hosting a luncheon in Washington, D.C., featuring Jonathan Allen and Amie Parnes, authors of the bestselling book Shattered: Inside Hillary Clinton's Doomed Campaign.  

According to a National Review article reviewing the book, Shattered is "absolutely gripping reading, chock full of juicy, revelatory reporting about the Democratic nominee’s campaign that you really wish you had read during the actual campaign."

Allen and Parnes, through access from insiders on the Clinton campaign, explain missed opportunities on the campaign trail and other political misfires that turned from what looked like a winnable race, to a devastating loss.  They even explain how Team Clinton's public appearance was extremely different behind the scenes, stating:

Over the course of a year and a half, in interviews with more than one hundred subjects, we started to piece together a picture that was starkly at odds with the narrative the campaign and the media were portraying publicly.  Hillary’s campaign was so spirit-crushing that her aides eventually shorthanded the feeling of impending doom with a simple mantra: We’re not allowed to have nice things.

Of course, the media failed to mention the infighting of the campaign, which is one of the reasons why America seemed so stunned that President Trump overwhelmingly won on Election night.  The RNLA looks forward to hearing first-hand from Allen and Parnes how and why Clinton lost, and other insights from their book Shattered.

To purchase a ticket for Friday's noon luncheon at Tony Cheng's Mongolian Restaurant, click here.  To purchase a table, please email Deputy Director Brittany Walker at walker@republicanlawyer.net.  

President Trump Nominates More Excellent Judges to Federal Bench

Today, President Trump announced ten additional nominees to federal court vacancies.  The RNLA and RNLA leaders praised these nominees as excellent choices following the pattern of his first two judicial nominees, Justice Gorsuch and Sixth Circuit nominee Amul Thapar:

When confirmed as federal judges, these nominees will be strong supporters of the rule of law, the Constitution, the separation of powers and federalism, and the proper role of the courts . . . . Currently, there are over one hundred vacancies in the federal courts that need to be filled by President Trump.  Fifty of these vacancies—nearly half—are classified as judicial emergencies by the Administrative Office of the U.S. Courts, so prompt confirmation by the Senate is critical. 

“President Trump is to be commended for fulfilling his pledge to nominate highly qualified judges. As with Supreme Court Justice Gorsuch, the outstanding individuals nominated today will make a lasting impact for the rule of law. The Republican National Lawyers Association stands ready to support these nominees through the confirmation process,” said RNLA Chair Kimberly A. Reed.  

RNLA Co-Chair John Ryder agreed: “Once again, President Trump has demonstrated his commitment to a conservative, Constitutional approach to the law by nominating these judges. They are an exceptionally well-qualified group.”  

RNLA Executive Director Michael Thielen stated: “With Justice Gorsuch, President Trump more than delivered on his campaign promise to nominate a justice in the mold of Justice Scalia, and now he has extended that approach, which was endorsed by the American people at the polls last November, to lower court nominees as well.”

In his speech to the RNLA at the National Policy Conference last Friday (address begins at 35:25), White House Counsel Don McGahn announced that President Trump would be submitting additional judicial nominees to the Senate soon.  

The RNLA thanks President Trump for his commitment to nominating well-qualified lawyers who respect the rule of law and the Constitution to serve on the federal bench, and we look forward to supporting more superb nominees who are greatly needed on the bench in the coming months.

National Policy Conference to Feature Stuart Taylor on His Latest Book

The RNLA is pleased to host Stuart S. Taylor, Jr., of National Journal at the 2017 National Policy Conference on Friday, May 5, for an address on his latest book, The Campus Rape Frenzy: The Attack on Due Process at America's Universities:

In recent years, politicians led by President Obama and prominent senators and governors have teamed with extremists on campus to portray our nation’s campuses as awash in a violent crime wave—and to suggest (preposterously) that university leaders, professors, and students are indifferent to female sexual assault victims in their midst. Neither of these claims has any bearing in reality. But they have achieved widespread acceptance, thanks in part to misleading alarums from the Obama administration and biased media coverage led by the New York Times. 

The frenzy about campus rape has helped stimulate—and has been fanned by—ideologically skewed campus sexual assault policies and lawless commands issued by federal bureaucrats to force the nation’s all-too-compliant colleges and universities essentially to presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and the need for fair play.

This book uses hard facts to set the record straight. It explores, among other things, about two dozen of the many cases since 2010 in which innocent or probably innocent students have been branded as sex criminals and expelled or otherwise punished by their colleges. And it shows why all students—and, eventually, society as a whole—are harmed when our nation’s universities abandon pursuit of truth and seek instead to accommodate the passions of the mob.

Mr. Taylor has agreed to sign copies of his book immediately following his address, and books will be available for sale at the National Policy Conference.

We look forward to hearing from Mr. Taylor on this important issue and hope to see you there on Friday, May 5!  There is still time to register or sponsor.

Ripped from the Headlines: RNLA Leaders Express Support for Neil Gorsuch

RNLA leaders have been actively promoting the swift confirmation of Judge Neil Gorsuch from an array of compelling perspectives.

(1) Elliot Berke, RNLA President, wrote “The Democrats Will Try To Filibuster Gorsuch - But Anything They 'Gain' Will Be Short-Lived” for the Independent Journal Review. Mr. Berke's article looks at why the Democrats have adopted an obstructionist path during the Gorsuch nomination and is doubtful of any likely gains.

To their credit, however, Democrats have tried—though ineffectively—to make their opposition about substantive issues they have with Gorsuch. The confirmation hearing was a fascinating look at how many times the same questions could be asked in different ways to try to get Gorsuch to give away all his political preferences, pre-judge cases that may come before him, and prove a conservative bias. . . It’s hard not to be impressed by Judge Gorsuch. Democrats who questioned him didn’t even seem that frustrated or angered by his pleasing personality and impressive ability for recall about cases he worked on and statutes he interpreted. It’s just that Democrats, as far back as January before President Trump even announced his pick, had decided they would filibuster anyone the new president held up for consideration.

Democratic Sen. Chuck Schumer (NY) insists the filibuster to come is not payback or vengeance but merely an aversion to a judge that he does not consider “mainstream.” It’s important to make the push back about Gorsuch and his radical conservatism (an oxymoron if there ever was one) and not about a petty payback. Schumer and the Democrats may have some help in the form of progressive groups pledging to pull support for any Democrat who doesn’t fall in line and oppose Gorsuch. . .  Whatever the case, the gains for the Democrats will be pyrrhic and short-lived. The lesson of 2016 that Democrats seem to be ignoring is that voters have stopped buying the obstructionist Democratic talking points and are tired of mindless obstruction and partisan bickering in Washington.

(2) John Ryder, RNLA Co-Chair, penned “Democrats’ blinkered look at Gorsuch” for The Washington Times. Mr. Ryder’s focus was a commentary on Gorsuch’s hearing, Day 2, specifically an exchange between Judge Gorsuch and Senator Feinstein that showed that Democrats were strictly focused on talking points rather than the whole picture that makes up the nominee.

Judge Gorsuch thanked Mrs. Feinstein for the opportunity to correct the presentation of his judicial record, noting that he had participated in more than 2,700 opinions in over 10 years on the federal bench and Democratic senators had selected just a few to focus on that do “not represent the body of my work”. . . [Judge Gorsuch] reiterated his commitment to the rule of law, and to not judging cases according to the identities of the parties involved but according to the law: “And the bottom line, I think, is that I would like to convey to you, from the bottom of my heart, is that I’m a fair judge. And I think if you ask people in the 10th Circuit, is he a fair judge, you’ll get the answer you got yesterday from both Sen. Bennet and Sen. Gardner … I can’t guarantee you more than that, but I can promise you absolutely nothing less.”

That is the true Judge Gorsuch, the one that Democrats would see if they bothered to review his record. But as Mrs. Feinstein so tellingly revealed earlier today, the Democrats are not willing to do even basic due diligence to understand his record and judicial philosophy. They would rather repeat exhausted talking points from liberal activists, attack one of the foundational protections for liberty in the American system of government — the rule of law, not of judges — and grandstand to gain political points with radical progressives.

(3) Mark Baker, RNLA Montana Chair, submitted “Gorsuch deserves senators' support for Supreme Court seat” for the Helena Independent Record. Mr. Baker’s piece focuses on why Judge Gorsuch understands Westerners and will be a great addition to the Bench.

The simple fact is Judge Gorsuch understands Montanans—he is, after all, a fellow Westerner. If confirmed, he will be the only Westerner currently on the Supreme Court and the first in a generation. As a Westerner, he understands the challenges faced by Montanans and has a long record of protecting our freedoms and rights. His decisions on the bench reflect a deep respect of the law as it relates to many of the issues unique to our part of the country, like the 2nd Amendment, private property rights, water rights, and Indian sovereignty. 

Judge Gorsuch believes in interpreting the Constitution and the law according to its text, structure, and history. This approach protects the rights of individuals and preserves freedom in our system of federalism with the separated powers of government . . . With a sterling and impressive record and a strong base of bipartisan support, Judge Gorsuch clearly understands us Westerners and our Constitution, and he has a firm commitment to protecting our freedoms.” 

Related to this point, Judge Gorsuch has earned the endorsement of major American Indian organizations, specifically National Congress of American Indians and the Native American Rights Fund. Their statement of support can be read here.

(4) Michael Thielen, RNLA Executive Director, authored “Democrats Should Hold To Their Own Standards” for The Daily Caller. Mr. Thielen’s piece focuses on the several standards the Democrats have applied to various Supreme Court nominees over the years. A summary of his article can be read here.

(5) David Warrington, RNLA Vice President for Election Education, wrote “Do Democrats oppose Gorsuch because they hate free speech? (Yes.)” for The Hill on behalf of a fellow pro-Gorsuch group. His focus was praising Gorsuch's respect for the proper rule as a judge, not a politician, during his confirmation hearing. 

Judge Gorsuch’s answers to the committee’s questions demonstrated a deep understanding of the law and respect for the Constitution and the role of judges. The same cannot be said for many of the senators who questioned him. This fundamental lack of understanding and respect for the Constitution by some of members of the Judiciary Committee was on full display as Sen. Sheldon Whitehouse (D-Rhode Island) relentlessly pressed Judge Gorsuch on the issues of political speech and campaign finance disclosure. . . .

Judge Gorsuch did not base his answers on his personal values. Instead, he stuck to the Constitution and precedent. Exactly what a judge should do when performing his duties as a judge . . . It was clear from the confirmation hearings and his record, that Gorsuch will decide cases as the facts and the law dictate rather than basing decisions on his, or anyone else’s, personal values. That is precisely the role of a judge and Gorsuch understands this. Unfortunately, Whitehouse and many of his colleagues don’t. That is why the Senate should confirm Judge Gorsuch as next associate justice of the Supreme Court.

We will keep you posted on additional publications by RNLA Leaders as they happen. To stay up to date, consider following our Twitter Feed and Facebook Page.

Problem of Vote Fraud Should Be Investigated

Today, RNLA released a statement joining President Trump in his calls for an investigation into the problem of vote fraud:

Recently, President Trump and his spokespeople have been criticized for his statements on vote fraud in the 2016 election. The Republican National Lawyers Association (RNLA) has long been the leader in fighting for open, fair, and honest elections. While vote fraud may be difficult to quantify for a number of reasons, including the failure by appropriate authorities to prosecute such crimes and the inability of states to prevent voters from registering in more than one state, voter fraud does exist and those who dismiss its existence deny reality.

RNLA Executive Director Michael Thielen said: “Democrats continue to deny the existence of vote fraud against all proof to the contrary. There are many reasons why vote fraud is both hard to catch and hard to prosecute, but to deny that it exists, denies reality.”

Those who deny the existence of vote fraud should join us in welcoming an investigation into vote fraud. If the problem is really as rare as they say, such an investigation will prove their point. However, if problems are uncovered, such an investigation should work to provide solutions and remedies so that all Americans can feel more confident in our electoral system. Unfortunately, polls, including a recent Gallup poll that showed a record low 30% of Americans expressed confidence in the “honesty of elections,” show that Americans have low faith in our electoral process.

RNLA is pleased that President Trump is taking the problem of vote fraud seriously. It is not an easy problem to quantify or solve, but the first step to making our elections more open, fair, and honest is to acknowledge that the problem exists. We agree with President Trump that a further investigation into the matter is in the best interest of all Americans. 

Thank you, President Trump, for calling attention to the problem of vote fraud and making it a priority for your administration. 

RNLA Officially Urges Senate to Confirm Sen. Sessions as Next AG

Today, the RNLA sent a letter urging the Senate to quickly confirm Sen. Sessions as the next Attorney General of the United States:

Senator Sessions has vast experience that has prepared him well to assume the responsibilities of Attorney General. Senator Sessions proved his skills as a law enforcement official in the Department of Justice as a U.S. Attorney and his skills as an administrator as the Attorney General of Alabama. In the Senate, he showed the breadth and depth of his knowledge of legal policy and consistently demonstrated concern for solving the problems faced by U.S. citizens within the limits of his power as a member of the federal government. 

Throughout his long career, Senator Sessions has proven that he is committed to the rule of law and protecting the rights of individual citizens, without regard to race, gender, or economic status. He has sought to interpret the Constitution and the law impartially. He has shown character to remain committed to his principles even in the face of political criticism. 

The RNLA is the home of Republican lawyers in the Republican Party. In 2010, we presented Senator Sessions our highest award, the Edwin Meese III Award, in recognition of his efforts to uphold the rule of law. We are steadfast in our belief that Senator Sessions will make an exemplary Attorney General. 

Thank you for your careful consideration of Senator Sessions, his experience, and his excellent qualifications to be the 84th Attorney General of the United States. We encourage the Judiciary Committee, and the whole Senate, to promptly confirm Senator Sessions as Attorney General. 

Top 10 Republican Lawyer Posts for 2016

Here are the top 10 posts for 2016 from The Republican Lawyer blog.  These posts show how the left is trying to destroy the First Amendment and how out of control the Obama Administration was on matters of speech.  Furthermore, they prove once again how Donald Trump’s victory was also a victory for the Constitution. 

10. "Judge Sanctions DOJ Attorneys for Putting Politics Ahead of Truth, Ethics, and Justice."  We will be happily working to confirm Senator Sessions as Attorney General to fight the ethical abuses and politicization of the Department of Justice under President Obama. 

9. "Brennan Center: The Only Democrats in New York who Don't See Vote Fraud." Any honest Democrat in New York would admit to you that vote fraud is real and that voter ID is needed; just most know that partisan groups like the Brennan Center will attack them for saying it.

8. "Democrats Keeping the Zombie Vote Alive."  Colorado Secretary of State Wayne Williams stated:  "It is impossible to vote from the grave legally” but apparently Democrats do it anyway. 

7. "Former SEC Commissioners Reject Political-Disclosure Rulemaking."  Obama Administration efforts to force mandatory disclosure of corporate spending on political and other advocacy activities should be viewed as primarily political rather than economic and, as such, would not serve to help shareholders evaluate corporate performance or promote shareholder value

6. "FEC Democrats Vote to Censor Books, Documentary Films."  FEC Democrats voted to assert regulatory power over books and films.  That means they believe the FEC has the power to censor certain books and documentary films.

5. "Congress Shall Make No Law: Protecting the First Amendment from Attack."  Preventing attacks on the First Amendment can only be done through fighting back against speech suppressive activity.

4. "RNLA Explains What Open, Fair and Honest Elections Mean."  By “open,” we mean a process in which all sides can have “observers” and the process is determined by legislatures well in advance.  By “fair,” we mean election officials should be from both parties and they should administer the election process in an orderly, unbiased fashion.  By “honest,” we mean free from fraud.

3. "Reactions to Donald Trump's Potential Supreme Court Justice List." One of the most popular issues for Donald Trump was his list of potential Supreme Court nominees. 

2. "Leader McConnell Won the Fight on the Scalia Vacancy."  Thank you, Sen. McConnell, for your leadership on judicial nominations and fighting to protect the judiciary from judges who will legislate from the bench and not respect the rule of law and the role of the courts.

1. "A Great Justice, Ignored Because of his Race."  The left excludes Justice Clarence Thomas from the National Museum of African American History and Culture despite his remarkable and impactful 25 years on the court.