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Daily Bread for 11.22.20

Good morning.

Sunday in Whitewater will be mostly cloudy with a high of forty-five.  Sunrise is 6:57 AM and sunset 4:25 PM, for 9h 28m 32s of daytime.  The moon is a waxing gibbous with 53.5% of its visible disk illuminated.

Today is both the one thousand four hundred seventy-fifth day and the sixteenth day. 

At 10 AM, Whitewater will conduct an audit, as a random selection of the Wisconsin Elections Commission, of Ward 12, Jefferson County, Wisconsin.

On this day in 1963, President Kennedy is assassinated and Texas Governor John Connally is seriously wounded by Lee Harvey Oswald, who also kills Dallas Police officer J. D. Tippit after fleeing the scene.

Recommended for reading in full — 

Danny Hakim, Mike McIntire, William K. Rashbaum, and Ben Protess report Trump Tax Write-Offs Are Ensnared in 2 New York Fraud Investigations:

Two separate New York State fraud investigations into President Trump and his businesses, one criminal and one civil, have expanded to include tax write-offs on millions of dollars in consulting fees, some of which appear to have gone to Ivanka Trump, according to people with knowledge of the matter.

The inquiries — a criminal investigation by the Manhattan district attorney, Cyrus R. Vance Jr., and a civil one by the state attorney general, Letitia James — are being conducted independently. But both offices issued subpoenas to the Trump Organization in recent weeks for records related to the fees, the people said.

The subpoenas were the latest steps in the two investigations of the Trump Organization, and underscore the legal challenges awaiting the president when he leaves office in January. There is no indication that his daughter is a focus of either inquiry, which the Trump Organization has derided as politically motivated.

The development follows a recent New York Times examination of more than two decades of Mr. Trump’s tax records, which found that he had paid little or no federal income taxes in most years, largely because of his chronic business losses.

Adam Winkler writes Trump’s wildest claims are going nowhere in court. Thank legal ethics:

Trump’s legal strategy has run aground — in no small part because of legal ethics. While lawyers are often cast as unscrupulous and immoral, they are required to follow a strict code of professional responsibility established by state bars. The famous duty of lawyers to keep a client’s confidences, for instance, comes from these ethical codes. Law students must take a course in legal ethics, the bar exam includes a section on ethical rules, and continuing-education requirements emphasize lawyers’ duties to clients and to the courts.

Two ethical rules have been fatal to Trump’s election lawsuits in state after state: the lawyer’s duty of candor to a court and the lawyer’s duty to avoid frivolous claims. The president can spew all the theories he wants, and his advocates can say whatever they like on television, but because of these two ethical duties, Trump’s lawyers can make claims before courts only if they can back them up with actual evidence.

….

The duty of lawyers to avoid making frivolous claims has also hurt Trump’s efforts to use the courts to overturn the election. Lawyers are prohibited from making assertions in court or in their filings “unless there is a basis in law and fact for doing so that is not frivolous,” in the words of the ABA’s Model Rules. Lawyers have to be especially careful about this one, because judges can impose monetary sanctions against them on the spot. A whole section of the rules of federal civil proceedings specifies the duties lawyers have to ensure that the factual claims they’re making are supported by evidence and that the legal ones have a sound basis, too.

Animal Stories You Might’ve Missed During Election Week:

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