The Volokh Conspiracy
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Jack Smith has offered to testify before any committee of Congress in an open, public session. Rep. Gym Jordan has reportedly subpoenaed him to meet privately with members of the House Judiciary Committee and answer questions about his two federal prosecutions of President Donald Trump. https://www.washingtonpost.com/national-security/2025/12/03/jack-smith-judiciary-subpoena-testimony/
Louis Brandeis famously said in 1913 that "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants." Why do the Republicans in the House want to keep their interview of Mr. Smith under wraps?
Suppose Jack says, Pound sand'. And never shows.
Is that contempt of Congress?
If that were to happen, yes it could be contumacious.
But why in the world would Jack Smith do that?
He is obliged to appear in response to a subpoena and to testify truthfully, subject to any privilege that he may assert. Any such assertion of privilege would need to be on a question by question basis.
R.I.P. Steve Cropper, dead at age 84. https://www.nytimes.com/2025/12/03/arts/music/steve-cropper-dead.html
Has there been anything more insane and dumb than Trump's recent announcement that anything Biden did via autopen is now null and void. Specifically including pardons and commutations. Obviously (to everyone on Earth except Trump), once a pardon is given, there is no way--other than perhaps evidence of fraud in the inducement, coercion, etc--that any future President can un-ring that bell. Just like all the recent criminals--from the lowliest of Jan 6 felons who have been pardoned, to the loftiest former Presidents of Central American countries who brought in to America tons of dangerous and illegal drugs--are all safe from Future-President Rubio or Harris or Newsom (etc etc) trying to undo those Trump pardons.
What is especially stupid to me (IMO, obviously) is Trump announcing that all of Biden's autopen executive actions are null & void. What's the point of this. Trump can undo these WITH HIS OWN EXECUTIVE ACTIONS. (And did so, on his very first day in office, when he undid literally dozens and dozens of Biden E.A.s.)
Anyone want to jump in and defend this? In terms of Trump's evil acts, this is wayyyy down on the list, I cheerfully admit. He's not doing anything especially wrong, if judging by our usual Trump standards. (Trying to destroy American's faith in a functioning government, of course; but that's what Trump does 3 times each day before breakfast, so that's not particularly noteworthy.)
I guess that, for the most idiotic of Trump supporters; it might serve as a deflection from the Epstein files, from murdering foreigners on the high seas, etc. But hardly worth his time and effort, methinks.
Yeah, not sure why he wants to set a precedent that a President can nullify a previous President's pardons.
The weird question is - did Trump also just declare Biden's *vetos* void too?
Vetoes aren't signed in the sense of laws being signed but, then again, neither are pardons. No requirement in the US constitution that pardons need even be written after all. And when a president vetoes a law, they return it with a message explaining why and which ends in the President's name. See here for Biden's - https://www.senate.gov/legislative/vetoes/BidenJR.htm
So if Trump's (claimed and incorrect) 'null and void' action extends to vetoes, wouldn't that mean Biden never legally returned those bills to Congress? And hence, wouldn't they have (in Trump's world) become law under the 10 day limit?
In all of recorded history, I am certain that at least one thing was more insane and dumb, sm811. But only one? 😉
Should we 'ban the autopen'? Perhaps we should.
CNBC is reporting that Apartment rents have started retrenching:
"The national median rent for apartments fell 1% in November from October, and now stands at $1,367, according to Apartment List.
The national multifamily vacancy rate was 7.2% in November, a record high.
The historic surge in multifamily construction over the past few years is now pulling back, but a good supply of new units is still coming online at a time of much weaker demand."
This is very good news, because rents have been a big driver of inflation since 2020, up cost inflation has been one of the biggest drivers of inflation since 2020, up 32%, compared to 24% for CPI overall since 2020. And rents/mortgages are also the largest single household.expense.
https://www.cnbc.com/2025/12/02/apartment-rents-vacancies-november.html
Strange case involving judges allegedly intimidating defendants and court personnel in Texas.
They have very colorful judges in TX.