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Overkill. http://Newsday.com/matt :: Matt Davies
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LETTERS FROM AN AMERICAN
November 13, 2024
Heather Cox Richardson
Nov 14, 2024
Republican senators today elected John Thune of South Dakota to be the next Senate majority leader. Trump and MAGA Republicans had put a great deal of pressure on the senators to back Florida senator Rick Scott, but he marshaled fewer votes than either Thune or John Cornyn of Texas, both of whom were seen as establishment figures in the mold of the Republican senators’ current leader, Mitch McConnell of Kentucky.
Scott lost on the first vote. The fact that the vote was secret likely helped Thune’s candidacy. Senators could vote without fear of retaliation.
The rift between the pre-2016 leaders of the Republican Party and the MAGA Republicans is still obvious, and Trump’s reliance on Elon Musk and his stated goal of deconstructing the American government could make it wider.
Republican establishment leaders have always wanted to dismantle the New Deal state that began under Democratic president Franklin Delano Roosevelt and continued under Republican president Dwight D. Eisenhower and presidents of both parties until 1981. But they have never wanted to dismantle the rule of law on which the United States is founded or the international rules-based order on which foreign trade depends. Aside from moral and intellectual principles, the rule of law is the foundation on which the security of property rests: there is a reason that foreign oligarchs park their money in democracies. And it is the international rules-based order that protects the freedom of the seas on which the movement of container ships, for example, depends.
Trump has made it clear that his goal for a second term is to toss overboard the rule of law and the international rules-based order, instead turning the U.S. government into a vehicle for his own revenge and forging individual alliances with autocratic rulers like Russian president Vladimir Putin.
He has begun moving to put into power individuals whose qualifications are their willingness to do as Trump demands, like New York representative Elise Stefanik, whom he has tapped to be the U.S. ambassador to the United Nations, or Florida senator Marco Rubio, who Trump said today would be his nominee for secretary of state.
Alongside his choice of loyalists who will do as he says, Trump has also tapped people who will push his war on his cultural enemies forward, like anti-immigrant ideologue Stephen Miller, who will become his deputy chief of staff and a homeland security advisor. Today, Trump added to that list by saying he plans to nominate Florida representative Matt Gaetz, who has been an attack dog for Trump, to become attorney general.
Trump’s statement tapping Gaetz for attorney general came after Senate Republicans rejected Scott, and appears to be a deliberate challenge to Republican senators that they get in line. In his announcement, Trump highlighted that Gaetz had played “a key role in defeating the Russia, Russia, Russia Hoax.”
But establishment Republican leaders understand that some of our core institutions cannot survive MAGA’s desire to turn the government into a vehicle for culture war vengeance.
Gaetz is a deeply problematic pick for AG. A report from the House Ethics Committee investigating allegations of drug use and sex with a minor was due to be released in days. Although he was reelected just last week, Gaetz resigned immediately after Trump said he would nominate him, thus short-circuiting the release of the report. Last year, Republican senator Markwayne Mullin of Oklahoma told CNN that “we had all seen the videos he was showing on the House floor, that all of us had walked away, of the girls that he had slept with. He would brag about how he would crush [erectile dysfunction] medicine and chase it with an energy drink so he could go all night."
While South Carolina senator Lindsey Graham said he would be willing to agree to the appointment, other Republican senators drew a line. “I was shocked by the announcement —that shows why the advise and consent process is so important,” Senator Susan Collins (R-ME) said. “I’m sure that there will be a lot of questions raised at his hearing.” Senator Lisa Murkowski (R-AK) was blunt: “I don’t think he’s a serious candidate.”
If the idea of putting Gaetz in charge of the country’s laws alarmed Republicans concerned about domestic affairs, Trump’s pick of the inexperienced and extremist Fox & Friends host Pete Hegseth to take over the Department of Defense was a clarion call for anyone concerned about perpetuating the global strength of the U.S. The secretary of defense oversees a budget of more than $800 billion and about 1.3 million active-duty troops, with another 1.4 million in the National Guard and employed in Reserves and civilian positions.
The secretary of defense also has access to the nuclear command-and-control procedure. Over his nomination, too, Republican senators expressed concern.
While Trump is claiming a mandate to do as he wishes with the government, Republicans interested in their own political future are likely noting that he actually won the election by a smaller margin than President Joe Biden won in 2020, despite a global rejection of incumbents this year. And he won not by picking up large numbers of new voters—it appears he lost voters—but because Democratic voters of color dropped out, perhaps reflecting the new voter suppression laws put into place since 2021.
Then, too, Trump remains old and mentally slipping, and he is increasingly isolated as people fight over the power he has brought within their grasp. Today his wife, Melania, declined the traditional invitation from First Lady Jill Biden for tea at the White House and suggested she will not be returning to the presidential mansion with her husband. It is not clear either that Trump will be able to control the scrabbling for power over the party by those he has brought into the executive branch, or that he has much to offer elected Republicans who no longer need his voters, suggesting that Congress could reassert its power.
Falling into line behind Trump at this point is not necessarily a good move for a Republican interested in a future political career.
Today the Republicans are projected to take control of the House of Representatives, giving the party control of the House, the Senate, and the presidency, as well as the Supreme Court. But as the downballot races last week show, MAGA policies remain unpopular, and the Republican margin in the House will be small. In the last Congress, MAGA loyalists were unable to get the votes they needed from other Republicans to impose Trump’s culture war policies, creating gridlock and a deeply divided Republican conference.
The gulf between Trump’s promises to slash the government and voters’ actual support for government programs is not going to make the Republicans’ job easier. Conservative pundit George Will wrote today that “the world’s richest person is about to receive a free public education,” suggesting Elon Musk, who has emerged as the shadow president, will find his plans to cut the government difficult to enact as elected officials reject cuts to programs their constituents like.
Musk’s vow to cut “at least” $2 trillion from federal spending, Will notes, will run up against reality in a hurry. Of the $6.75 trillion fiscal 2024 spending, debt service makes up 13.1%; defense—which Trump wants to increase—is 12.9%. Entitlements, primarily Social Security and Medicare, account for 34.6%, and while the Republican Study Group has called for cuts to them, Trump said during the campaign, at least, that they would not be cut.
So Musk has said he would cut about 30% of the total budget from about 40% of it. Will points out that Trump is hardly the first president to vow dramatic cuts. Notably, Ronald Reagan appointed J. Peter Grace, an entrepreneur, to make government “more responsive to the wishes of the people” after voters had elected Reagan on a platform of cutting government. Grace’s commission made 2,478 recommendations but quickly found that every lawmaker liked cuts to someone else’s district but not their own.
Will notes that a possible outcome of the Trump chaos might be to check the modern movement toward executive power, inducing Congress to recapture some of the power it has ceded to the president in order to restore the stability businessmen prefer.
Franklin Delano Roosevelt was himself a wealthy man, and in the 1930s he tried to explain to angry critics on the right that his efforts to address the nation’s inequalities were not an attack on American capitalism, but rather an attempt to save it from the communism or fascism that would destroy the rule of law.
“I want to save our system, the capitalistic system,” FDR wrote to a friend in 1935. “[T]o save it is to give some heed to world thought of today.”
The protections of the system FDR ushered in—the banking and equities regulation that killed crony finance, for example—are now under attack by the very sort of movement he warned against. Whether today’s lawmakers are as willing as their predecessors were to stand against that movement remains unclear, especially as Trump tries to bring lawmakers to heel, but Thune’s victory in the Senate today and the widespread Republican outrage over Trump’s appointment of Gaetz and Hegseth are hopeful signs.
LETTERS FROM AN AMERICAN
HEATHER COX RICHARDSON
#Matt Davies#Newsday#political cartoons#Heather Cox Richardson#Letters From An American#the new Cabinet#Matt Gaetz#FDR#history#the capitalistic system#wealth#MAGA loyalists#FOX and friends#incoming
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April 24, 2023: Rep Zooey Zephyr, Montana State Democratic Representative who just happens to be a Transgender Woman has been Forbidden from Participating in Debates by republican-confederate maga loyalist for 3 Days in a row
This is not simply R-CML talking over Her or ignoring Her
The R-CML Voted for a 3rd Time to Continue Subjecting Zephyr to a Gag Order, Denying Her the chance To Speak.
But
This time Her Supporters were there and They Started Chanting “Let Her Speak!” from the Gallery.
It's important to note Her Supporters Who Were There, Were the PEOPLE of Montana who just Elected Her to Represent Them, Not Only in D.C., but also In Montana.
The republican-confederate maga loyalist Led House Denied PEOPLE OF MONTANA THEIR VOICE!!!
One CBS reporter wrote the PEOPLE'S Voices Were "Forcing legislative leaders [R-CML] to pause proceedings and clear the room."
But
Were the PEOPLE the cause, or was it a Group of FASCIST Silencing the Voices of PEOPLE Who Disagree With Them?
The PEOPLE Came to the House Peacefully, to Hear Their Representative Speak on Matters Important to Them.
The Democratic Way, Would've Been to Hear the Voice of the PEOPLE, Not to Send Armed Law Enforcement to Force The PEOPLE Out and Silence Their Voices
But
The R-CML Did Send Armed Law Enforcement To the Gallery Above the House Floor to Force Out PEOPLE Standing and Chanting "LET HER SPEAK"
Seven, 7 PEOPLE Who Disagreed With the R-CML were Arrested for Criminal Trespass, Criminal Trespass For Chanting.
Sheriff Leo C. Dutton said. The PEOPLE Arrested were going to be booked and released.
Before the House Session began there was a Peaceful Rally to Show Support for Rep Zooey Zephyr
The Capital Statue behind Her Supporter is Interesting to me, because it's depicting Union Brigadier General Thomas Francis Meagher, an Irish Immigrant who was a Famous Revolutionary in Ireland and a Loyal United States Citizen During The Civil War.
January 1847: Meagher, John Mitchel, William Smith O'Brien, and Thomas Devin Reilly formed The Irish Confederation.
The Irish Confederation was for a National Parliament with Full Legislative and Executive Powers. The Founding was based on Principles of Freedom, Tolerance and Truth
Their goal was Independence for the Irish Nation from Britain and they held to any means to achieve that which were consistent with Honor, Morality and Reason.
July 1848: After a failed Rebellion that end The Irish Confederation Meagher Escaped, Came to the U.S. and Became a U.S. Citizen
His Reason Given for Loyalty to the United States During the Civil War...
"It is not only our duty to America, but also to Ireland. We Could Not Hope to Succeed in our effort To Make Ireland a Republic Without the Moral and Material Support of the Liberty-Loving Citizens Of These United States."
Meagher had supported the South, but disagreed over the issue of slavery.
The republican-confederate maga loyalist seem to have Nothing I Common With Thomas Francis Meagher
`1/
"Montana transgender lawmaker silenced again, backers protest"
"Montana transgender lawmaker silenced for third day; protesters interrupt House proceedings"
"Thomas Francis Meagher"
"Union Brigadier General/Politician Thomas Francis Meagher"
#human rights#transgender rights#Women's Rights#Rep Zooey Zephyr#United States of America#republican-confederate maga loyalist#republican traitors
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OXMC escapes
Red Caps: Free Donald Now! Red Caps: Free Donald Now! Strange Boy: What's going on? Ditto: I dunno... what could it be? The Blogger: -__- SOB! Ditto: Dude... what happened? Yoshi D'Osaka: He escaped from the Penalty box :( The Blogger: That's because he won the election. Yoshi D'Osaka: WTAF!!! How!?!? Red Caps: MAGA now! MAGA forever! Thaddeus: We knew it was bad to switch out a candidate without the general public's acknowledgment. Switching to Harris mid-election was beyond stupid. Moriarty: The Democrats just shot themselves in the foot with this. Now the Americans have to suffer under the watch of a useful idiot. The Blogger: Is this the beginning of the end? Thaddeus: If the rumor about the dissidents within the Republican Party is true, this should be handled carefully. Moriarty: Plus you need a unison of both parties to work together to handle this appropriately. The Blogger: :( Ditto Transforms Into LOTOR MEME: *SWISH* LOTOR guy: So it begins
#American Elections#election 2024#strange boy vs. the world#night owl redux#NOR#dialogue#OXMC#Red Caps (MAGA loyalists)#Thaddeus and Moriarty#Donald J. Trump#political satire
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Justin Horowitz at MMFA:
Project 2025 advisory board members have attacked or outright called for the end of no-fault divorce, the option to dissolve a marriage without having to prove wrongdoing by a partner. Research highlighted by CNN found “no-fault divorce correlates with a reduction in female suicides and a reduction in intimate partner violence,” including “an 8 to 16% decrease in female suicides after states enacted no-fault divorce laws.” Project 2025 is backed by a nearly-900 page policy book called Mandate for Leadership, which extensively outlines potential approaches to governance for the next Republican administration, including replacing federal employees with extremists and Trump loyalists and attacking LGBTQ rights, abortion, and contraception. The Heritage Foundation’s proposals have a track record of success — the first Trump administration implemented 64% of Mandate’s policy recommendations. Project 2025 is also supported by a coalition of over 100 conservative organizations, many of which have spent years promoting critiques of no-fault divorce as “destructive” for society — or even blaming it for enabling a “culture of death.” According to a Media Matters review, at least 22 Project 2025 advisory board members have made similar comments targeting, restricting, or eliminating no-fault divorce. Additionally, MAGA and far-right media figures have pushed for the removal of no-fault divorce laws across the country, and several local Republican parties in Texas, Nebraska, and Louisiana have called for the dissolution of no-fault divorce in some capacity.
Project 2025 partner organizations, including the American Family Association, Concerned Women for America, Family Research Council, and The Heritage Foundation, have called for significant restrictions or an outright ban on no-fault divorce.
#Project 2025#Divorce#No Fault Divorce#American Family Association#AFA#American Legislative Exchange Council#American Principles Project#Center For Family and Human Rights#CFAM#Center For Renewing America#Concerned Women For America#Discovery Institute#Dr. James Dobson Family Institute#Eagle Forum#Family Research Council#First Liberty Institute#Independent Women’s Forum#The American Conservative#Claremont Institute#Turning Point USA#The Heritage Foundation
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Former Trump press secretary Kayleigh McEnany attacked as a "traitor" and "disgusting" for praising Pence 2024 presidential hopeful Mike Pence doesn't seem to understand how much Republicans hate him for not overturning the election when he demanded it. And here's another clear piece of evidence he'll ignore: when former Trump press secretary Kayleigh McEnany tweeted praise for Pence, saying that "his patriotism, love for the country, and love for his Savior on full display," she faced a storm of backlash from MAGA supporters, who called her a "traitor," a "turncoat," a "RINO," and a "disgusting" person. — Read the rest https://boingboing.net/2023/03/24/former-trump-press-secretary-kayleigh-mcenany-attacked-as-a-traitor-and-disgusting-for-praising-pence.html
#Post#2024 presidential election#GOP divide#Kayleigh McEnany#maga#mike pence#Republican party#Trump loyalists#Mark Frauenfelder#Boing Boing
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This is a reminder that on March 4th, 2024, the Supreme Court of the United States ordered donald j. trump to have 87 Democrats in both houses of Congress remove his insurrectionist disqualification from ever holding any federal office again. He failed to do so prior to November 5, 2024. Should he fail to do so by December 17th, 2024, he will not be the 47th President of the United States of America on January 20th, 2025.
So I've seen some comments suggesting this is misinformation. It's not. Per the Supreme Court of the United States' own Berger Test to disqualify judges, the MAGA SCOTUS majority ruling pertaining to donald j. trump being permanently immune from federal enforcement of Section 3 of the 14th Amendment means nothing; because it lacks standing in precedent, law, constitutionality, and relevance.
The three dissenting justices clarify that the only matter that was actually legally settled and, therefore, legally enforceable, pertained to state actions, not federal law enforcement actions against a disqualified insurrectionist presidential or federal candidate, such as donald j. trump, committing the federal crime of being an insurrectionist attempting to hold office without having their insurrectionist disqualification removed via a two-thirds vote of both houses. And so it is legal fact that the Supreme Court did, in fact, order donald j. trump to have his insurrectionist disqualification removed by a two-thirds vote of both houses on March 4th, 2024; it's just that donald j. trump and his legal team were too illiterate and unintelligent to actually read what was legal and had standing (state enforcement against federal candidates), and what didn't (federal enforcement against federal candidates). And MAGA SCOTUS is now permanently legally barred from ever addressing any matter pertaining to federal enforcement of Section 3 of the 14th Amendment against donald j. trump, so they can't even try to interfere on his behalf again should Democrats in the House of Representatives and the Senate demand and force a vote on the matter of donald j. trump's disqualification for holding federal office.
Berger v. United States, 255 U.S. 22 (1921), is a United States Supreme Court decision overruling a trial court decision by U.S. District Court Judge Kenesaw Mountain Landis against Rep. Victor L. Berger, a Congressman for Wisconsin's 5th district and the founder of the Social Democratic Party of America, and several other German-American defendants who were convicted of violating the Espionage Act by publicizing anti-interventionist views during World War I.
The case was argued on December 9, 1920, and decided on January 31, 1921, with an opinion by Justice Joseph McKenna and dissents by Justices William R. Day, James Clark McReynolds, and Mahlon Pitney. The Supreme Court held that Judge Landis was properly disqualified as trial judge based on an affidavit filed by the German defendants asserting that Judge Landis' public anti-German statements should disqualify him from presiding over the trial of the defendants.
The House of Representatives twice denied Berger his seat in the House due to his original conviction for espionage using Section 3 of the Fourteenth Amendment to the United States Constitution regarding denying office to those who supported "insurrection or rebellion". The Supreme Court overturned the verdict in 1921 in Berger v. U.S., and Berger won three successive terms in the House in the 1920s.
Per the United States Supreme Court's "Berger test" that states that to disqualify ANY judge in the United States of America: 1) a party files an affidavit claiming personal bias or prejudice demonstrating an "objectionable inclination or disposition of the judge" and 2) claim of bias is based on facts antedating the trial.
All 6 criminal MAGA insurrectionist and trump-loyalist U.S. Supreme Court Justices who've repeatedly and illegally ruled in donald j. trump's favor are as disqualified from issuing any rulings pertaining to donald j. trump (a German immigrant) as the United States Supreme Court ruled U.S. District Court Judge Kenesaw Mountain Landis was when he attempted to deny Victor L. Berger (a German immigrant) from holding office for violating the Espionage Act and supporting or engaging in insurrection or rebellion against the United States of America.
The only misinformation that exists surrounding the Anderson vs. trump ruling is the belief that the MAGA SCOTUS ruling on federal enforcement of Section 3 of the 14th Amendment against donald j. trump settled the matter and handed him permanent immunity from prosecution should he ever commit the federal crime of attempting to hold federal office. In legal fact, MAGA SCOTUS' nonsensical ruling attempting to grant donald j. trump permanent immunity from prosecution for insurrection is grounds for immediate and permanent disbarment; as they're clearly attempting to legislate from the bench and prevent Congress from legislating in a way that's unfavorable to their presidential candidate.
This is the only pertinent and legally important part of the Anderson vs. trump ruling with regards to federal enforcement of Section 3 of the 14th Amendment against donald j. trump or any other insurrectionist committing the federal crime of attempting to hold office without first having their insurrectionist disqualification removed by a two-thirds vote of both houses:
Justice Sotomayor, Justice Kagan, and Justice Jackson Opinion on the Majority Ruling:
Yet the majority goes further. Even though “[a]ll nine Members of the Court” agree that this independent and sufficient ratioAnd MAGA SCOTUS is now permanently legally barred from ever addressing any matter pertaining to federal enforcement of Section 3 of the 14th Amendment against donald j. trump.nale resolves this case, five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy. Ante, at 13. Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.
Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “ ‘ “ascertain[ ] what particular individuals” ’ ” should be disqualified. Ante, at 5 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.
To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). Ante, at 5. In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31.
Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U.S. 507, 524 (1997); see Civil Rights Cases, 109 U.S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise. It simply creates a special rule for the insurrection disability in Section 3.
The majority is left with next to no support for its requirement that a Section 3 disqualification can occur only pursuant to legislation enacted for that purpose. It cites Griffin’s Case, but that is a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge. See ante, at 5 (quoting 11 F. Cas., at 26). Once again, even petitioner’s lawyer distanced himself from fully embracing this case as probative of Section 3’s meaning. See Tr. of Oral Arg. 35–36. The majority also cites Senator Trumbull’s statements that Section 3 “ ‘provide[d] no means for enforcing’ ” itself. Ante, at 5 (quoting Cong. Globe, 41st Cong., 1st Sess., 626 (1869)). The majority, however, neglects to mention the Senator’s view that “[i]t is the [F]ourteenth [A]mendment that prevents a person from holding office,” with the proposed legislation simply “affor[ding] a more efficient and speedy remedy” for effecting the disqualification. Cong. Globe, 41st Cong., 1st Sess., at 626–627.
Ultimately, under the guise of providing a more “complete explanation for the judgment,” ante, at 13, the majority resolves many unsettled questions about Section 3. It forecloses judicial enforcement of that provision, such as might occur when a party is prosecuted by an insurrectionist and raises a defense on that score. The majority further holds that any legislation to enforce this provision must prescribe certain procedures “ ‘tailor[ed]’ ” to Section 3, ante, at 10, ruling out enforcement under general federal statutes requiring the government to comply with the law. By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.
“What it does today, the Court should have left undone.” Bush v. Gore, 531 U.S. 98, 158 (2000) (Breyer, J., dissenting). The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. The majority resolves much more than the case before us. Although federal enforcement of Section 3 is in no way at issue, the majority announces novel rules for how that enforcement must operate. It reaches out to decide Section 3 questions not before us, and to foreclose future efforts to disqualify a Presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.
Section 3 serves an important, though rarely needed, role in our democracy. The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an “insurrection [and] rebellion” to defend slavery. §3. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment.
What all of that means is that between now and December 17th, 2024, donald j. trump has no choice but to go to Congress and have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification, as he was ordered to do by SCOTUS on March 4th, 2024, or he's not legally the President Elect and cannot be inaugurated, sworn in, or hold federal office again on January 20, 2025. The clock is ticking!
Here's why this will work: donald trump's legal tactics are deny, attempt to wiggle out of it on technicalities, and delay, delay, delay. Well, from November 2023 to March 4, 2024, donald trump not only said that he was never an officer of the United States, but that he also never swore an oath to support the United States Constitution. And then he said that Section 3 of the 14th Amendment says nothing about running for office, only holding office, and since he's only running for office, nothing can keep him off the ballot. And that's where this has finally caught up to him.
SCOTUS illegally took the case to begin with. SCOTUS was required to kick the case back to Congress immediately to force a two-thirds of both houses vote to remove donald trump's insurrectionist disqualification. But they illegally denied Congress the ability to vote on it at the time, illegally legislated from the bench to keep donald trump on the ballot by illegally amending Section 3 of the 14th Amendment of the United States Constitution, and dismissed the clear two-thirds vote requirement to replace it with "Congress must pass new legislation and amend Section 3 of the 14th Amendment in order to keep insurrectionists off of the ballot and out of office in the future. All six MAGA SCOTUS injustices can now be immediately and permanently disbarred from ever judging or practicing law anywhere in the United States now and in the future for that illegal legislating from the bench; because the U.S. Constitution clearly says that the Judiciary can never interfere with Congress legislating, or with the President enforcing the laws of the United States.
donald trump and his allies figured that was a win, that SCOTUS couldn't be challenged, that the Democrats could never get legislation passed to keep him off the ballot or from holding office again, and the matter was dropped. But that's where he was wrong; because Section 3 of the 14th Amendment still reads, and only legally reads, that the only way an insurrectionist can hold federal office again is by a two-thirds vote in both the House of Representatives and the Senate; and that means that now that donald trump can't try and use the technicality of "I'm not even trying to hold office, I'm just running for office," and he's actively trying to hold office with no technicality wiggle room, donald trump's only path to the White House is to have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification by December 17th, 2017; and his favorite tactic of delay, delay, delay won't work because delaying means he can't be inaugurated, sworn in, and serve as the 47th President of the United States; and that means Kamala Harris would become 47th President of the United States by default.
If anyone is interested in fighting another trump presidency, contact every Democrat representative in the House of Representatives and the Senate and remind them that donald j. trump cannot be inaugurated, sworn in, and be the 47th President of the United States on January 20, 2025 unless 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification before December 17, 2024. Many of them have online contact forms. You may have to enter an address near their local office in their district for the contact form to go through, but I know they're going to want to be reminded of this by as many people as possible in order to save humanity and American democracy from donald trump. Plus, Kamala Harris can be contacted via the White House Vice President contact form; and as a presidential candidate and the President of the Senate, she and President Biden can do a lot to enforce donald trump having to have his insurrectionist disqualification removed by a two-thirds vote of the House of Representatives and the Senate before December 17, 2024.
#2024 presidential election#2024 election#election 2024#kamala harris#harris walz 2024#donald trump#trump 2024#president trump#trump#politics#us politics#uspol#american politics#us elections#us election 2024#us government#democrats#republicans#gop#evangelicals
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How Trump is Following Hitler's Playbook
You’ve heard Trump’s promise:
TRUMP: I’m going to be a dictator for one day.
History shows there are no “one-day” dictatorships. When democracies fall, they typically fall completely.
In a previous video, I laid out the defining traits of fascism and how MAGA Republicans embody them. But how could Trump — or someone like him — actually turn America into a fascist state? Here’s how in five steps.
Step 1: Use threats of violence to gain power
Hitler and Mussolini relied on their vigilante militias to intimidate voters and local officials. We watched Trump try to do the same in 2020.
TRUMP: Proud Boys, stand back and stand by.
Republican election officials testified to the threats they faced when they refused Trump’s demands to falsify the election results.
RAFFENSPERGER: My email, my cell phone was doxxed.
RUSTY BOWERS: They have had video panel trucks with videos of me proclaiming me to be a pedophile.
GABRIEL STERLING: A 20-something tech in Gwinnett County today has death threats and a noose put out saying he should be hung for treason.
If the next election is close, threats to voters and election officials could be enough to sabotage it.
Step 2: Consolidate power
After taking office, a would-be fascist must turn every arm of government into a tool of the party. One of Hitler’s first steps was to take over the civil service, purging it of non-Nazis.
In October of 2020, Trump issued his own executive order that would have enabled him to fire tens of thousands of civil servants and replace them with MAGA loyalists. He never got to act on it, but he’s now promising to apply it to the entire civil service.
That’s become the centerpiece of something called Project 2025, a presidential agenda assembled by MAGA Republicans, that would, as the AP put it, “dismantle the US government and replace it with Trump’s vision.”
Step 3: Establish a police state
Hitler used the imaginary threat of “the poison of foreign races” to justify taking control of the military and police, placing both under his top general, and granting law-enforcement powers to his civilian militias.
Now Trump is using the same language to claim he needs similar powers to deal with immigrants.
Trump plans to deploy troops within the U.S. to conduct immigration raids and round up what he estimates to be 18 million people who would be placed in mass-detention camps while their fate is decided.
And even though crime is actually down across the nation, Trump is citing an imaginary crime wave to justify sending troops into blue cities and states against the will of governors and mayors.
Trump insiders say he plans to invoke the Insurrection Act to have the military crush civilian protests. We saw a glimpse of that in 2020, when Trump deployed the National Guard against peaceful protesters outside the White House.
And with promises to pardon January 6 criminals and stop prosecutions of right-wing domestic terrorists, Trump would empower groups like the Proud Boys to act as MAGA enforcers.
Step 4: Jail the opposition
In classic dictatorial fashion, Trump is now openly threatening to prosecute his opponents.
TRUMP: if I happen to be president and I see somebody who’s doing well and beating me very badly, I say, ‘Go down and indict them.’ They’d be out of business.
And he’s looking to remake the Justice Department into a tool for his personal vendettas.
TRUMP: As we completely overhaul the federal Department of Justice and FBI, we will also launch sweeping civil rights investigations into Marxist local district attorneys.
In the model of Hitler and Mussolini, Trump describes his opponents as subhuman.
TRUMP: …the radical left thugs that live like vermin within the confines of our country…
Step 5: Undermine the free press
As Hitler well understood, a fascist needs to control the flow of information. Trump has been attacking the press for years.
And he’s threatening to punish news outlets whose coverage he dislikes.
He has helped to reduce trust in the media to such a historic low that his supporters now view him as their most trusted source of information.
Within a democracy, we may often have leaders we don’t like. But we have the power to change them — at the ballot box and through public pressure. Once fascism takes hold, those freedoms are gone and can’t easily be won back.
We must recognize the threat of fascism when it appears, and do everything in our power to stop it.
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Trump says he will “fire” America’s military generals and replace them with MAGA loyalists, echoing Project 2025
Link to Reddit video Best Comment: "Just going to remind everyone that, after Trump lost the election, General Milley and the Joint Chiefs of Staffs were concerned that Trump was attempting a military coup and took steps to prevent it.
They were joined in this concern by all living former defense Secretaries, Republican and Democrat, who flouted two hundred years of military tradition by posting an open letter announcing that the election was over, and warning military people everywhere not to obey any orders aimed at preventing the peaceful transfer of power.
Just in case people don't realize this -- these are, you know. Pentagon people. THE Pentagon people. These people know things that we don't know.
So, let's be really clear here. Trump is promising an old-fashioned Praetorian guard COUP here. That's what's happening right in front of our eyes. I don't understand why anyone is talking about anything else."
#don the con#2024#coup#democracy#power grab#traitor trump#vote blue#vote democrat#vote harris walz#american military#trump threatens to fire generals
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VOTE!!!
I know how everyone is feeling currently about the genocide of Palestine right now. People are angry and furious that we Americans are complicit in the ongoing violence that revokes the lives of innocent people. How our politicians are sending weapons and defending Zionism, and silencing those that speak out. As it stands both political parties, our democratic and republican candidates are fully onboard with the slaughter of women and infants. I feel that pain, seeing videos of children crying for their deceased families and the vileness I never thought humans were capable of doing. As it stands democratic candidate Kamala Harris has fully shown support for the Israelis. So why as an average normal American citizen who detests the ongoing genocide am I telling you to vote for Kamala? If you have been paying attention to our current politics. You would know who Donald Trump is. But many of you have seem to have forgotten the various warning signs that should alarm everybody. Trump has recently ramped up fascist rhetoric, calling immigrants and minorities like vermin, threatening to arrest political opponents, spreading deceitful lies such as how Haitians are eating cats and dogs, many of you have also seem to forgot that he incited an insurrection on our capital after sleepy joe was fairly elected. He did nothing when people were dying from COVID and even sent our tests to Vladimir Putin. He has been convicted of 34 felonies. Many of you should also know about his Project 2025 playbook,if you don’t. It details plans to replace the federal civil workers with MAGA Loyalists, and using Unitary Executive Theory to give the Executive branch more power over other branches of government. He also wants to send illegal immigrants to concentration camps, give a tax cut to 1%, defund the department of education and EPA, cut back on social security and Medicare. Also many seem to be ignoring the fact that he was given immunity by 6 out of 3 Supreme Court justices. Which the sane court also overturned Roe V. Wade. He also plans to take abortion away nationwide making it illegal. Also most of his current administration want the same things he wants. He plans on turning our country into a military state as a local police force. Hell that’s not even counting the fact that the republicans request he be put in MILITARY VEHICLES FOR TRANSPORTATION. He wants to outlaw rights for Gay and LgbtQ. Thats not even counting the fact that he is clearly suffering from dementia and could be in control of NUCLEAR CODES! Yet many people say Kamala is the same shit from the toilet bowl as trump. I can’t sit here in good faith and watch people ask for a revolution that may never even happen. We are literally hanging by a thread over a black abyss we may never escape from. We are looking at the next Nazi Party, but instead they call themselves MAGA. I’m telling you to vote for Kamala not because I support her. I’m voting for her for the lives of every American. People of color, women, children, LGBTQ, elderly, average normal people who just want to live their lives. Literal lives are at stake here. People should be coming together to make sure Trump never gets back in. And yet I still see people insist to not vote for Kamala. I’m sending this as a warning and message to everyone to vote Blue, no matter what stupid shit the democrats do or how much you dislike them. Do it for your neighbors, do it for the good people who stand in solidarity with Palestinians! VOTE!!! 🔵🇵🇸
#important#signal boost#boost#please boost#gaza genocide#freedom of speech#vote democrat#project 2025#donald trump#kamala harris#please vote#vote harris#voting matters#us elections#palestinian lives matter#democracy#save palestine#save america#fuck trump#fuck isreal
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Trevor Irvin, Southerland Report
* * * *
LETTERS FROM AN AMERICAN
October 24, 2024
Heather Cox Richardson
Oct 25, 2024
Trump’s threat to use the military on “the enemy within,” along with the recent statements of General John Kelly and other members of Trump’s administration who say he is a fascist, have fed growing concern that Trump’s reelection could spark a deadly conflict between MAGA Republicans and those they perceive as their enemies. But there has been far less attention paid to the civil war within the Republican Party.
On the Hugh Hewitt Show this morning, Trump boasted that he had “taken the Republican Party and made [it] into an entirely different party…The Republican Party is a very big, powerful party. Before, it stood, it was an elitist party with real stiffs running it.”
Trump’s analysis of his effect on the party is right. In 2015, the party had been controlled for years by a small group of leaders who wanted to carve the U.S. government back to its size and activity of the years before the 1930s, slashing regulations on business and cutting the social safety net so they could cut taxes. But their numbers were small, so to stay in power, they relied on the votes of the racist and sexist reactionaries who didn’t like civil rights.
Once he took office in 2017, Trump put the base of the party in the driver’s seat. Using the same techniques that had boosted Hungarian prime minister Victor Orbán, he attacked immigrants, Black Americans, and people of color, and promised to overturn the 1973 Roe v. Wade decision protecting abortion rights. After his defense of the participants in the August 2017 Unite the Right rally in Charlottesville, Virginia, he began to turn his followers into a movement by encouraging them to engage in violence.
In the following years, Trump’s hold on his voting base enabled him to take over the Republican Party, pushing the older Republican establishment aside. In March 2024 he took over the Republican National Committee itself, installing a loyalist and his own daughter-in-law Lara Trump at its head and adjusting its finances so that they primarily benefited him.
But while older leaders were happy to use Trump’s base to keep the party in power, the two factions were never in sync. Established Republican leaders’ goal was to preside over a largely unregulated market-driven economy. But MAGA Republicans want a weak government only with regard to foreign enemies—another place where they part company with established Republicans. Instead, they want a strong government to impose religious rules. Rather than leaving companies alone to react to markets, they want them to shape their businesses around MAGA ideology, denying LGBTQ+ rights, for example.
In 2024, those tensions are stronger. Trump’s promise to build a tariff wall around the country contradicts the established Republicans’ reliance on free trade. His vow to deport 20 million immigrants threatens to devastate entire sectors of the economy. Both plans are widely panned by economists. Yesterday, twenty-three Nobel Prize-winning economists warned that Trump’s economic plans would “lead to higher prices, larger deficits, and greater inequality.” On Morning Joe today, economic analyst Steve Rattner noted that Trump’s plans would cut the gross domestic product in the U.S. by 8.9%, creating a severe recession or a depression.
MAGA Republicans are fiercely loyal to Trump, but it is not clear how much they offer to those trying to get elected in more moderate districts. Extremist abortion bans have fired up significant opposition to Republican candidates, and that opposition does not appear to be weakening. "My wife…was miscarrying and bleeding out,” John Legend said today on the podcast of Broncos legend Shannon Sharpe. “Her life was in danger, and for the government to say, 'Oh, we need to evaluate this to make sure you're sufficiently dying before you can have an abortion'—that’s what they’re saying in...all these states where they have Trump abortion bans. Not your doctor, not you and your family. The government. No! Stay out of it!... We don’t need the government to be involved in it. And if the government’s involved, that means the police and the district attorney are involved in medical decisions. That's crazy!”
“He is killing us!” Mika Brzezinski said this morning on Morning Joe. “He is putting us at risk. He is making us afraid to have babies. He is putting our reproductive health at risk and some women have died already because of this…. What’s happening with women right now is real, and it is playing out across America.”
MAGA extremists in the House of Representatives did the party as a whole no favors when they took control of the chamber in 2023 and made it virtually impossible for the Republicans to govern. Party members took weeks to agree on a House speaker and then threw him out, marking the first time in U.S. history that a party has thrown out its own speaker. With MAGA extremists unwilling to compromise on their demands, the Republicans were unable to pass almost any legislation at all, including appropriations bills and the long-overdue farm bill.
Their determination not to yield an inch continues. A Trump-endorsed Republican candidate challenging a Democrat incumbent in New York could not name a single Democrat she would be willing to work with if she is elected. “These people are not fit to govern,” House minority leader Hakeem Jeffries (D-NY) posted today.
MAGA Republicans are already signaling their intent to expand their power in the House should Republicans retain control over it: Ohio representative Jim Jordan appears to be considering making a bid for House leadership, while others have their eye on committee chairs. Joe Perticone of The Bulwark explored today how “Trump’s Already Stuffing House GOP ‘Normies’ in a Locker” as they feel obliged to defend everything he does, even when his former White House chief of staff says he is a fascist.
But the struggle between the Republican factions has not gone away in the past few years. Indeed, it appears to be escalating as evidence mounts that Trump will not be able to continue to lead the party. Earlier this month, 230 doctors publicly called on Trump to release his medical records, “Trump is falling concerningly short of any standard of fitness for office and displaying alarming characteristics of declining acuity," they wrote. Today, 233 mental health professionals organized by conservative lawyer George Conway’s Anti-Psycho PAC warned both that Trump “appears to be showing signs of cognitive decline that urgently cry out for a full neurological work-up,” and that his malignant narcissism makes him “grossly unfit for leadership.”
But if Trump’s grip is slipping, who will take over the party?
In a new biography of Senate minority leader Mitch McConnell (R-KY) by Michael Tackett of The Associated Press, obtained by CNN, McConnell condemned the MAGA movement and blamed Trump for making it hard for the Republican Party to compete. He called Trump “not very smart, irascible, nasty, just about every quality you would not want somebody to have.” He also went after Florida senator Rick Scott for his leadership of the National Republican Senatorial Committee, the party’s campaign arm.
Trump loyalist Senator Mike Lee (R-UT) promptly called McConnell’s comments “indefensible.” Scott said he was “shocked that [McConnell] would attack a fellow Republican senator and the Republican nominee for president just two weeks out from an election.”
Technology elites, including Elon Musk, who is pouring money into Trump’s campaign, and Peter Thiel, who backs Trump’s running mate J.D. Vance, also appear to be making a play to control the Republican Party, challenging both the established Republicans and the MAGAs.
And then there are the Republican voters, some of whom are abandoning the MAGA Republicans who are now openly embracing fascism. Today, Republican state senator Rob Cowles of Green Bay, Wisconsin, who has served for almost 42 years, announced he would vote for Democratic presidential nominee Vice President Kamala Harris. David Holt, the Republican mayor of Oklahoma City, Oklahoma, also indicated he would be casting his ballot for Harris.
In 1880, when the Democrats went off the extremist cliff, voters forced it to move to the center.
In 1879, after the bitterly contested 1876 election, voters gave Democrats control of Congress. So convinced were Democrats that the American people backed their determination to overthrow Reconstruction, they refused to fund the government unless Republican president Rutherford B. Hayes pulled the federal government out of the southern states. (They also tried to get a federal pension for Confederate president Jefferson Davis.)
“If this is not revolution,” Civil War veteran House minority leader James A. Garfield (R-OH) said, “which if persisted in will destroy the government, [then] I am wholly wrong in my conception of both the word and the thing.”
Observers had expected the 1880 election to be a romp for the Democrats, who reiterated their demands in their party platform, but voters backed Garfield’s defense of the country and of Black rights and elected him to the White House.
The unexpected loss prompted the Democrats to toss aside their former Confederate leaders and shift toward the northern cities. For president in 1884 they backed former New York governor Grover Cleveland, who had broadened Black appointments to office and desegregated the New York City police force, and who had worked closely with New York Assembly minority leader Theodore Roosevelt, a Republican, to reform the worst abuses of the industrial system. Cleveland won with the help of significant numbers of crossover Republican voters, dubbed “Mugwumps,” thereby securing the roots of the modern Democratic Party.
LETTERS FROM AN AMERICAN
HEATHER COX RICHARDSON
#GOP#death of the GOP#history#American history#political history#Letters From An American#Heather Cox Richardson#the Confederacy#American Civil War#Mugwumps#the enemy within#The US Military#generals
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May 17, 2023: North Carolina House of Representatives, a controversial Education Bill which would Expand Vouchers To Private Schools was being Debated.
Abe Jones, Democratic Representative for North Carolina had the Floor
jeff mcneely, republican-confederate maga loyalist representative for North Carolina did not.
However, mcneely interrupted Rep. Jones for what seemed like no other reason than to Suggest Rep. Jones was not Granted Admission to Harvard because he earned the Right through Academic Achievement.
But because
Rep. Jones was a Black Athlete who went to Public School's, so it was more likely he was admitted because he was a Minority Athlete.
Regaining The Floor
Rep Jones said "I'm just going to say 1 thing, Harvard had 5 Rankings for Students and when I Graduated from Harvard I was in Rank 2, so I Earned My Place and I Did Well"
He was given a standing ovation by his Democratic Peers and apologies from both sides, including mcneely
However, based on how we've seen the R-CML behave and heard their words the sincerity of their apologies is doubtful.
But
Rep, Jones is a better person than I and has accepted mcneely apology.
And he said
He's now hoping this exchange, making national headlines helps spark a broader conversation.
"I'm glad it is because I think we aren't as far ahead on race and gender issues as sometimes we take credit for. And I think when something like this occurs, we get to reflect with ourselves and among ourselves about the issue. And we still have a little work to do. That's what it tells me."
youtube
#Rep Abe Jones#republican-confederate maga loyalist#R-CML jeff mcneely#In This Old White Lady's opinion#Greetings from a Proud WOKE Progressive Libtard!#Youtube#Equality#Respect#Kindness#Morals#Ethics
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Don't think that patiently explaining the legalities and details of the Trump indictment will change the minds of the MAGA crowd about it. Those folks, like Trump, simply don't believe in the rule of law.
There may be some Republicans who secretly believe the charges have merit but are scared shitless of what may happen if they say so in public.
A reasonably healthy party might give its indicted leader some benefit of the doubt, while calling for judgment to be withheld before he has his day in court. But Republicans correctly understand that their party will consider Trump an innocent martyr regardless. The sickness of the Republican Party as it is presently constituted is that there is no conceivable set of facts that would permit it to acknowledge Trump’s guilt. What has brought the party to this point is the convergence of its decades-long descent into paranoia with its idiosyncratic embrace of a career criminal.
Yep, the GOP has been drifting in this direction for a long time. Trump's emergence finally nudged them into being a full-blown paranoid cult.
The Republican Party’s internal culture has been shaped by what Richard Hofstadter famously described as “the paranoid style” in American politics. Hofstadter specifically attributed this description to the conservative movement, which, at the time, was a marginalized faction on the far right but has since completely taken control of the party and imposed its warped mentality on half of America. To its adherents, every incremental expansion of the welfare state is incipient communism, each new expansion of social liberalism the final death blow to family and church. Lurking behind these endless defeats, they discern a vast plot by shadowy elites. In recent years, the Republican Party’s long rightward march on policy has ground to a halt, and it has instead radicalized on a different dimension: ruthlessness. Attributing their political travails to weakness, Republicans converged on the belief that their only chance to pull back from the precipice of final defeat is to discard their scruples. A willingness to do or say anything to win was the essence of Trump’s appeal, an amorality some Republicans embraced gleefully and others reluctantly. Trump, by dint of his obsessive consumption of right-wing media, grasped where the party was going more quickly than its leaders did. This aspect of Trump’s rise was historically necessary. All Trump did was to hasten it along.
This is Trump's legal philosophy (if you want to call it that) in a nutshell...
Trump was not raised in a traditional conservative milieu. He came into a seedy, corrupt world in which politicians could be bought off and laws were suggestions. He worked with mobsters and absorbed their view of law enforcement: People who follow the law are suckers, and the worst thing in the world is a rat.
Trump is basically a petty mobster. That explains why he hates the FBI.
It is the interplay of the two forces, the paranoia of the right and the seamy criminality of the right’s current champion, that has brought the party to this point. Trump’s endlessly repeated “witch hunt” meme blends together the mobster’s hatred of the FBI with the conservative’s fear of the bureaucrat. His loyalists have been trained to either deny any evidence of misconduct by their side or rationalize it as a necessary countermeasure against their enemies. The concept of “crime” has been redefined in the conservative mind to mean activities by Democrats. They insist upon Trump’s innocence because they believe a Republican, axiomatically, cannot be a criminal.
That Manichean view fits in well with the radical Christian fundamentalist tendency in the GOP. Though instead of Jesus Christ, the credo of Republicans is to accept Donald Trump as their personal Lord and Savior. By that reasoning, Donald Trump is incapable of wrongdoing.
#donald trump#trump's indictment#trump's guilt#republicans#the gop#maga zombies#the far right#the paranoid style in american politics#conservatives#election 2024#jonathan chait
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Elizabeth Warren for Time Magazine:
To everyone who feels like their heart has been ripped out of their chest, I feel the same. To everyone who is afraid of what happens next, I share your fears. But what we do next is important, and I need you in this fight with me. As we confront a second Donald Trump presidency, we have two tasks ahead. First, try to learn from what happened. And then, make a plan.
Many political experts and D.C. insiders are already blaming President Joe Biden’s economic agenda for Vice President Kamala Harris’ loss. This does not stand up to scrutiny. Even though the Biden economy produced strong economic growth while reining in inflation, incumbent parties across the globe have been tossed out by voters after the pandemic. American voters also showed support for Democratic economic policies, for example, approving ballot initiatives to raise the minimum wage in Alaska and to guarantee paid sick leave in Missouri.
[...] What comes next? Trump won the election, but more than 67 million people voted for Democrats and they don’t expect us to roll over and play dead. We will have a peaceful transition of power, followed by a vigorous challenge from the party out of power, because that’s how democracy works. Here’s a path forward.
First, fight every fight in Congress.
We won’t always win, but we can slow or sometimes limit Trump’s destruction. With every fight, we can build political power to put more checks on his administration and build the foundation for future wins. Remember that during the first Trump term, mass mobilization—including some of the largest peaceful protests in world history—was the battery that charged the resistance. There is power in solidarity, and we can’t win if we don’t get in the fight. During the Trump years, Congress stepped up its oversight of his unprecedented corruption and abuses of power. In the Senate, Democrats gave no quarter to radical Trump nominees; we asked tough questions and held the Senate floor for hours to slow down confirmation and expose Republican extremism. These tactics doomed some nominations entirely, laid the groundwork for other cabinet officials to later resign in disgrace, and brought scrutiny that somewhat constrained Trump’s efforts.
When all this work came together, we won some of the toughest fights. Remember Republicans’ attempts to repeal the Affordable Care Act? Democrats did not have the votes to stop the repeal. Nevertheless, we fought on. Patients kept up a relentless rotation of meetings in Congress, activists in wheelchairs performed civil disobedience, and lawmakers used every tactic possible—late night speeches, forums highlighting patient stories, committee reports, and procedural tactics—to draw attention to the Republican repeal effort. This sustained resistance ultimately shifted the politics of health care repeal. The final vote was a squeaker, but Republicans lost and the ACA survived.
Democrats should also acknowledge that seeking a middle ground with a man who calls immigrants “animals” and says he will “protect” women “whether the women like it or not” is unlikely to land in a good place. Uniting against Trump’s legislative agenda is good politics because it is good policy. It was Democratic opposition to Trump’s tax bill that drove Trump’s approval ratings to what was then the lowest levels of his administration, forcing Republicans to scrap all mention of the law ahead of the 2018 midterm election and helping spark one of the largest blue waves in recent history.
Second, fight Trump in the courts.
Yes, extremist courts, including a Supreme Court stocked with MAGA loyalists, are poised to rubber-stamp Trump’s lawlessness. But litigation can slow Trump down, give us time to prepare and help the vulnerable, and deliver some victories.
Third, focus on what each of us can do.
I understand my assignment in the Senate, but we all have a part to play. During the first Trump administration, Democrats vigorously contested every special election and laid the groundwork to take back the House in the 2018 midterms, creating a powerful check on Trump and breaking the Republican trifecta. Whether it’s stepping up to run for office, supporting a neighbor’s campaign, or getting involved in an organization taking action, we all have to continue to make investments in our democracy—including in states that are passed over as “too red.” The political position we’re in is not permanent, and we have the power to make change if we fight for it.
Finally, Democrats currently in office must work with urgency.
While still in charge of the Senate and the White House, we must do all we can to safeguard our democracy. To resist Trump’s threats to abuse state power against what he calls “the enemy within,” Pentagon leaders should issue a directive now reiterating that the military’s oath is to the Constitution. Senate Majority Leader Chuck Schumer must use every minute of the end-of-year legislative session to confirm federal judges and key regulators—none of whom can be removed by the next President. To those feeling despair: I understand. But remember, every step toward progress in American history came after the darkness of defeat. Abolitionists, suffragettes, Dreamers, and marchers for civil rights and marriage equality all faced impossible odds, but they persisted. Now it is our turn to pull up our socks and get back in the fight.
Elizabeth Warren wrote a well-written op-ed in Time encouraging Senate Democrats to confirm loads of judges and other jobs requiring Senate confirmation while we still have the majority and also fight back against the Trump tyranny.
#OpEds#Biden Administration#Time Magazine#Elizabeth Warren#Judicial Confirmations#118th Congress#2024 Presidential Election#2024 Elections#Judiciary
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September 9, 2024
HEATHER COX RICHARDSON
SEP 10
Last night, Vice President Kamala Harris’s presidential campaign launched a new section of its website detailing her policy positions. Titling her plans “A New Way Forward,” Harris vows to build the American middle class through an “opportunity economy.” Her vision for the future, she says, “protects our fundamental freedoms, strengthens our democracy, and ensures every person has the opportunity to not just get by, but to get ahead.”
Harris’s economic plan builds on that of the Biden-Harris administration. This makes sense, since their focus on investing in the middle class has created the strongest economy in the world. Harris is emphasizing the need to bring down household costs of food, medicine, housing, healthcare, and childcare, all issues important to Americans.
The website provides concrete economic actions she plans to take with a willing Congress. They include expanding the Child Tax Credit and the Earned Income Tax Credit, investing in more housing, and supporting the PRO Act, which protects the rights of workers to unionize, while continuing the crackdown on business consolidation that kills competition and rolling back the Trump tax cuts for the wealthy and corporations.
The biggest economic shift from the current administration is pegging a new capital gains tax for those earning more than a million dollars a year at 28%, significantly lower than the 39.6% President Joe Biden proposed in his 2025 budget. The plans also call for the first-ever national ban on corporate price gouging on food and groceries (37 states already have such laws).
Aside from strictly economic plans, the policy pages say Harris backs passing the bipartisan immigration bill that Republicans killed on Trump’s orders, protecting reproductive healthcare and restoring Roe v. Wade, and protecting the right to vote and ending partisan gerrymandering through the John Lewis Voting Rights and the Freedom to Vote Acts.
Republicans have charged that Harris has not offered specifics for her policies, but much of what is now clearly laid out is already in the public record. By the standards of American history, it is a strikingly moderate agenda that reflects the belief that the best way for the government to protect opportunity and nurture the economy is to make sure that the system is fair and that ordinary people have access to opportunity.
The “New Way Forward” in Harris’s plan seems to be less a new set of policies than a rejection of the politics of the past several decades. She and her running mate Minnesota governor Tim Walz appear to be attempting to reshape the political landscape to bring Americans of all parties together to stand against Trump’s MAGA Republicans. The campaign has actively reached out to Republicans, several of whom spoke at the Democratic National Convention. On Saturday, Harris said she was “honored” to have the endorsement of former representative Liz Cheney (R-WY) and former vice president Dick Cheney, both staunch Republicans. “People are exhausted about the division and the attempt to divide us as Americans,” she said. “We love our country and we have more in common than what separates us.”
Trump’s website offers slogans rather than policies, so Harris’s website compares her policies to the comparable sections of Project 2025, the playbook for a second Trump term laid out by a number of right-wing institutions led by the Heritage Foundation. Trump and his campaign have tried to distance themselves from Project 2025, but at his rallies, he has offered the policies in it—like firing nonpartisan civil servants and replacing them with loyalists, and abolishing the Department of Education—as his top priorities.
While Harris focused on policy, as critics have demanded, MAGA Republicans today spread slurs about Haitian immigrants in Springfield, Ohio, claiming they are eating other people’s pets and local wildlife. Right-wing media figure Benny Johnson, who was one of the six commenters whose paychecks at now-disbanded Tenet Media were paid by Russia, was one of those pushing the false stories. So was X owner Elon Musk.
The story was debunked almost immediately by the Springfield police, but Republican politicians ran with it. The X account for Republicans on the House Judiciary Committee ran it; so did Texas senator Ted Cruz, who shared an image with two kittens saying: “PLEASE VOTE FOR TRUMP SO IMMIGRANTS DON’T EAT US.” And the Republican vice presidential nominee, Ohio senator J.D. Vance, posted: “Reports now show that people have had their pets abducted and eaten by people who shouldn't be in this country.” (The Haitians in Springfield are in the U.S. legally.)
Perhaps most significantly, Republican Senate candidate Bernie Moreno, who is challenging Democratic Ohio senator Sherrod Brown, pushed the story. That Senate seat is crucial to the Republican attempt to take control of the Senate, and Moreno has just launched a $25 million ad campaign against Brown, accusing him of giving undocumented immigrants taxpayer-funded benefits. Today’s disinformation was well timed for that ad campaign.
The Justice Department today announced charges against two leaders of the white supremacist Terrorgram Collective, an international terrorist group that operates on the platform Telegram. Dallas Humber of California and Matthew Allison of Idaho have been charged with “soliciting hate crimes, soliciting the murder of federal officials, and conspiring to provide material support to terrorists.” They “solicited murders and hate crimes based on the race, religion, national origin, sexual orientation, and gender identity of others,” U.S. Attorney Phillip Talbert said. They had a hit list of federal, state, and local officials, as well as corporate leaders, and they encouraged attacks on government infrastructure, including energy facilities. Their plan was to create a race war.
“Hate crimes fueled by bigotry and white supremacy, and amplified by the weaponization of digital messaging platforms, are on the rise and have no place in our society,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said.
Congress is back in session today and must fund the government before October 1 or face a government shutdown. Although Congress negotiated spending levels for 2024 and 2025 back in June 2023, the House has been unable to pass appropriations bills because MAGA extremists either refuse to accept those levels or insist on inserting culture war poison pills into the bills.
Now, Trump has demanded that a continuing resolution to fund the government must include a measure requiring proof of citizenship to vote. Since it is already illegal for noncitizens to vote in elections for president or members of Congress and there is no evidence it is anything but vanishingly rare, the measure actually seems designed to suppress voting. House speaker Mike Johnson (R-LA) went along and put the measure in the bill. He also designed for the measure to last until next March, making the budget so late a new president could write it, but also blowing through a January 1 deadline set in the June 2023 bill to require automatic cuts to spending.
House minority leader Hakeem Jeffries (D-NY) wrote to his colleagues: “House Democrats have made it clear that we will find bipartisan common ground on any issue with our Republican colleagues wherever possible, while pushing back against MAGA extremism.” Jeffries called the Republican bill “unserious and unacceptable.”
Defense Secretary Lloyd Austin told House and Senate leaders that the cuts required by law if Congress pushes the budget into March would drastically affect the military. “The repercussions of Congress failing to pass regular appropriations legislation for the first half of [fiscal] 2025 would be devastating to our readiness and ability to execute the National Defense Strategy,” Austin wrote.
Meanwhile, Senator Tommy Tuberville (R-AL) is back to his old trick of blocking a military promotion, this time of Lieutenant General Ronald Clark, one of Austin’s top aides. Tuberville says he placed the hold because he has concerns that Clark did not alert Biden when Austin had surgery. Biden has nominated Clark to become the Commanding General of the U.S. Army Pacific, a position currently held by General Charles A. Flynn, younger brother of Lieutenant General Michael Flynn, Trump’s first National Security Advisor who resigned after news broke that he had hidden conversations with Russian operatives.
Today, ten retired senior military officials endorsed Harris, saying she “is the best—and only—presidential candidate in this race who is fit to serve as our commander-in-chief…. Frankly stated, Donald Trump is a danger to our national security and our democracy. His own former National Security Advisors, Defense Secretaries, and Chiefs of Staff have said so.”
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If Sanders or even Warren or Buttigieg were president I don't think we'd still be giving Israel a blank check to the US arsenal right now, that isn't to exculpate the rest of the democratic party and the other members of the current administration for their demonic behavior but to point out how uniquely awful Biden has been on this genocide. Dem loyalists keep making the claim that behind the scenes Biden is using our influence to mitigate the worst possible outcomes with Israel but there is zero fucking evidence of that being successful. In fact all evidence points to Israel explicitly rejecting the Biden administration's advice and seeking to make him look like a moron whenever possible. When the IDF was preparing for their ground invasion the fucking military advisor we sent over came back basically saying he washes his hands of the nightmare they were about to unleash. Every time Blinken or Biden visit Israel celebrates their arrival and departure with mass murders via airstrike. Biden is a loser and his inner circle and insane blue maga supporters gassing him up are fully responsible for when Trump obliterates him next year.
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This is a reminder that on March 4th, 2024, the Supreme Court of the United States ordered donald j. trump to have 87 Democrats in both houses of Congress remove his insurrectionist disqualification from ever holding any federal office again. He failed to do so prior to November 5, 2024.
Here's a compilation of evidence I'm being asked for that I pulled together from Wikipedia:
On March 4, 2024, the Supreme Court in Trump v. Anderson reversed the Colorado Supreme Court decision, holding that Congress determines eligibility under Section 3 for federal officeholders and states may only bar candidates from state office.
While all nine justices agreed that the Fourteenth Amendment grants this power to the federal government, and not to the individual states, two separate opinions were issued. Justice Amy Coney Barrett concurred in the Court's decision that states cannot enforce Section 3 against federal officials, but wrote that the court should not have addressed "the complicated question whether federal legislation is the exclusive vehicle through which Section 3 can be enforced." Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, in an opinion co-signed by all three Justices, concurred in the judgment, but said that the court went beyond what was needed for the case and should not have declared that Congress has the exclusive power to decide Section 3 eligibility questions, stating that the Court's opinion had decided "novel constitutional questions to insulate this court and petitioner [Trump] from future controversy."
On July 1, 2024, the Supreme Court ruled in a 6–3 decision, that failed and deposed insurrectionist 2020 election loser and former president donald j. trump had absolute immunity for acts he committed as president within his core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of his official responsibility, and no immunity for unofficial acts.
Berger v. United States, 255 U.S. 22 (1921), is a United States Supreme Court decision overruling a trial court decision by U.S. District Court Judge Kenesaw Mountain Landis against Rep. Victor L. Berger, a Congressman for Wisconsin's 5th district and the founder of the Social Democratic Party of America, and several other German-American defendants who were convicted of violating the Espionage Act by publicizing anti-interventionist views during World War I.
The case was argued on December 9, 1920, and decided on January 31, 1921, with an opinion by Justice Joseph McKenna and dissents by Justices William R. Day, James Clark McReynolds, and Mahlon Pitney. The Supreme Court held that Judge Landis was properly disqualified as trial judge based on an affidavit filed by the German defendants asserting that Judge Landis' public anti-German statements should disqualify him from presiding over the trial of the defendants.
The House of Representatives twice denied Berger his seat in the House due to his original conviction for espionage using Section 3 of the Fourteenth Amendment to the United States Constitution regarding denying office to those who supported "insurrection or rebellion". The Supreme Court overturned the verdict in 1921 in Berger v. U.S., and Berger won three successive terms in the House in the 1920s.
Per the United States Supreme Court's "Berger test" that states that to disqualify ANY judge in the United States of America: 1) a party files an affidavit claiming personal bias or prejudice demonstrating an "objectionable inclination or disposition of the judge" and 2) claim of bias is based on facts antedating the trial.
All 6 criminal MAGA insurrectionist and trump-loyalist U.S. Supreme Court Justices who've repeatedly and illegally ruled in donald j. trump's favor are as disqualified from issuing any rulings pertaining to donald j. trump (a German immigrant) as the United States Supreme Court ruled U.S. District Court Judge Kenesaw Mountain Landis was when he attempted to deny Victor L. Berger (a German immigrant) from holding office for violating the Espionage Act and supporting or engaging in insurrection or rebellion against the United States of America.
Again, as the text of the Fourteenth Amendment clearly reads, and ONLY reads:
Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 3 clearly and ONLY gives Congress the power to remove a disability of an insurrectionist to "be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State".
Section 3 clearly DOESN'T give Congress the power to impose or enforce a disability of an insurrectionist to "be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State". That's what Impeachment is for, and donald j. trump was impeached for insurrection and referred to the Department of Justice by a Congressional committee for prosecution for his and his supporters acts of insurrection against the United States of America on January 6, 2021.
Section 3 clearly DOESN'T give the United States Supreme Court the authority to illegally and criminally engage in insurrection against the United States of America by MODIFYING the U.S. Constitution AND LEGISLATING from the bench to relieve their own political party and the former insurrectionist U.S. President who appointed them from needing a two-thirds vote of each House to remove the disability of an insurrectionist to run for President of the United States and hold the office of the President of the United States should they be legally elected in a free and fair election. The insurrectionist MAGA cult that's taken over the former Republican Party of the United States knows that there was no way they were getting a two-thirds vote in both Houses of Congress to put impeached insurrectionist and convicted felon donald j. trump on the ballot, and so they had their six legally disqualified U.S. Supreme Court criminal MAGA insurrectionist injustices legislate from the bench AND ILLEGALLY and CRIMINALLY modify the U.S. Constitution to put Espionage Act traitor, convicted felon, and impeached insurrectionist donald j. trump on the 2024 U.S. presidential election ballot.
There are two steps in the amendment process of modifying the U.S. Constitution. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment, either by (a) Congress, by two-thirds majority in both the Senate and the House of Representatives, or (b) national convention (which shall take place whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, which requires three-fourths of the states' (presently 38 of 50) approval: (a) consent of the state legislatures, or (b) consent of state ratifying conventions. The ratification method is chosen by Congress for each amendment. (Wikipedia)
The necessary CONTEXT for the LEGAL UNMODIFIED ORIGINAL text of Section 3 of the Fourteenth Amendment of the United States Constitution is this: At the time of the drafting of the United States Constitution, the Americans known as "We The People" were fighting and dying to liberate themselves out from under a tyrannical king! Obviously, a President or Vice President who'd engage in insurrection against the United States of America DURING OR IMMEDIATELY AFTER the creation of the United States Constitution would be executed for TREASON; and because it'd be impossible for "a Senator or Representative in Congress, or elector of President and Vice-President, or hold any officeholder, civil or military, under the United States, or under any State" to BE IN A POSISTION TO IMMEDIATELY PROCLAIM THEMSELVES THE NEW TYRANNICAL DIVINE KING FOR LIFE OVER THE UNITED STATES AMERICA; and because all traitors were being actively and immediately executed for TREASON, it'd have been impossible for an insurrectionist traitor President or Vice President to run for any office again - because they'd be dead; therefore, it was unnecessary to include an executed treasonous President and/or Vice President in Section 3 of the Fourteenth Amendment of the United States Constitution. With full knowledge and understanding of these facts, the criminal insurrectionist MAGA extremist U.S. Supreme Court injustices ILLEGALLY and CRIMINALLY legislated from the bench to modify Section 3 of the Fourteenth Amendment of the United States Constitution so that, as far as the 6 MAGA extremist U.S. Supreme Court injustices are concerned, it now reads as such WITHOUT having been LEGALLY amended by a both two-thirds vote of both houses of the U.S. Congress AND the approval of 38 of 50 U.S. states:
Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. As of March 4, 2024, six partisan Justices on the United States Supreme Court bypassed the legal and proper constitutional amendment process, legislated from the bench, and added the following illegal and unenforceable legislation to Section 3 of the Fourteenth Amendment of the United States Constitution without Congressional or States approval and ratification: "Only Congress determines eligibility of insurrectionist candidates under Section 3 for federal officeholders and states may only bar insurrectionist candidates from state office. Federal legislation is the exclusive vehicle through which Section 3 can be enforced upon insurrectionist candidates for federal office."
How many elected Republicans, Democrats, and Independents in the House of Representatives and the Senate provided the necessary two-thirds vote to amend the U.S. Constitution in this manner? What are the names of all of these so-called elected officials and where are the official voting records? What dates did these voting sessions occur?
Which of the 38 U.S. states ratified this Congressional two-thirds-vote-approved constitutional amendment so that the Espionage Act traitor, convicted felon, and insurrectionist donald j. trump could appear on the 2024 U.S. presidential ballot? This is where the presidential Take Care Clause is automatically activated and the U.S. president enforces the laws of the United States and upholds, protects, and defends the U.S. Constitution, and perpetuates American democracy.
This is where all six MAGA criminal insurrectionist SCOTUS injustices face both immediate and permanent disbarment from ever practicing law anywhere in the United States of America AND Congressional Impeachment and removal from the Supreme Court of the United States of America for giving aid, comfort, and support to criminal defendant donald j. trump's felonies involving moral turpitude, forgery, fraud, a history of dishonesty, consistent lack of attention to the American people, the United States, his oath of office, and the U.S. Constitution, drug abuse, thefts of taxpayer and U.S. government monies, thefts of at least 13,000 classified documents and other U.S. government property, and a pattern of violations of all professional codes of ethics.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
Clause 5: Caring for the faithful execution of the law The president must "take care that the laws be faithfully executed." This clause in the Constitution imposes a duty on the president to enforce the laws of the United States and is called the Take Care Clause, also known as the Faithful Execution Clause or Faithfully Executed Clause. This clause is meant to ensure that a law is faithfully executed by the president even if he disagrees with the purpose of that law. The Take Care Clause demands that the president obey the law, the Supreme Court said in Humphrey's Executor v. United States, and repudiates any notion that he may dispense with the law's execution. In Printz v. United States, the Supreme Court explained how the president executes the law: "The Constitution does not leave to speculation who is to administer the laws enacted by Congress; the president, it says, "shall take Care that the Laws be faithfully executed," Art. II, §3, personally and through officers whom he appoints (save for such inferior officers as Congress may authorize to be appointed by the "Courts of Law" or by "the Heads of Departments" with other presidential appointees), Art. II, §2." In Mississippi v. Johnson, 71 U.S. 475 (1867), the Supreme Court ruled that the judiciary may not restrain the president in the execution of the laws. In that case the Supreme Court refused to entertain a request for an injunction preventing President Andrew Johnson from executing the Reconstruction Acts, which were claimed to be unconstitutional. The Court found that "[t]he Congress is the legislative department of the government; the president is the executive department. Neither can be restrained in its action by the judicial department; though the acts of both, when performed, are, in proper cases, subject to its cognizance." Thus, the courts cannot bar the passage of a law by Congress, though it may later strike down such a law as unconstitutional. A similar construction applies to the executive branch. (Wikipedia)
The Take Care Clause is the constitutional checks and balances guardrail to counter judicial activism, legislating from the bench, and a rogue U.S. Supreme Court that's supporting and actively engaging in insurrection against the United States of America and We The People of the United States with the purpose of overthrowing the U.S. government, installing a dictator/King for life, ending American democracy, and engaging in tyranny against We The People of the United States of America. Due to the U.S. Supreme Court's ruling on presidential immunity, President Joe Biden can simply overrule MAGA SCOTUS, remove donald j. trump from the 2024 U.S. presidential ballot, and issue an Executive Order barring all six of the criminal insurrectionist MAGA extremist SCOTUS injustices from taking or ruling on any 2024 U.S. presidential election matters and/or any matters pertaining to donald j. trump, per the Berger Test that legally disqualifies them from doing so. President Biden can then simply issue an Executive Order proclaiming that no sworn election official or law enforcement official anywhere in the U.S. or its territories can attempt to cause even one vote for the Espionage Act traitor, convicted felon, and insurrectionist donald j. trump to be counted for the 2024 U.S. presidential election.
What all of that means is that between now and December 17th, 2024, donald j. trump has no choice but to go to Congress and have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification, as he was ordered to do by SCOTUS on March 4th, 2024, or he's not legally the President Elect and cannot be inaugurated, sworn in, or hold federal office again on January 20, 2025. The clock is ticking!
Here's why this will work: donald trump's legal tactics are deny, attempt to wiggle out of it on technicalities, and delay, delay, delay. Well, from November 2023 to March 4, 2024, donald trump not only said that he was never an officer of the United States, but that he also never swore an oath to support the United States Constitution. And then he said that Section 3 of the 14th Amendment says nothing about running for office, only holding office, and since he's only running for office, nothing can keep him off the ballot. And that's where this has finally caught up to him.
SCOTUS illegally took the case to begin with. SCOTUS was required to kick the case back to Congress immediately to force a two-thirds of both houses vote to remove donald trump's insurrectionist disqualification. But they illegally denied Congress the ability to vote on it at the time, illegally legislated from the bench to keep donald trump on the ballot by illegally amending Section 3 of the 14th Amendment of the United States Constitution, and dismissed the clear two-thirds vote requirement to replace it with "Congress must pass new legislation and amend Section 3 of the 14th Amendment in order to keep insurrectionists off of the ballot and out of office in the future. All six MAGA SCOTUS injustices can now be immediately and permanently disbarred from ever judging or practicing law anywhere in the United States now and in the future for that illegal legislating from the bench; because the U.S. Constitution clearly says that the Judiciary can never interfere with Congress legislating, or with the President enforcing the laws of the United States.
donald trump and his allies figured that was a win, that SCOTUS couldn't be challenged, that the Democrats could never get legislation passed to keep him off the ballot or from holding office again, and the matter was dropped. But that's where he was wrong; because Section 3 of the 14th Amendment still reads, and only legally reads, that the only way an insurrectionist can hold federal office again is by a two-thirds vote in both the House of Representatives and the Senate; and that means that now that donald trump can't try and use the technicality of "I'm not even trying to hold office, I'm just running for office," and he's actively trying to hold office with no technicality wiggle room, donald trump's only path to the White House is to have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification by December 17th, 2017; and his favorite tactic of delay, delay, delay won't work because delaying means he can't be inaugurated, sworn in, and serve as the 47th President of the United States; and that means Kamala Harris would become 47th President of the United States by default.
If anyone is interested in fighting another trump presidency, contact every Democrat representative in the House of Representatives and the Senate and remind them that donald j. trump cannot be inaugurated, sworn in, and be the 47th President of the United States on January 20, 2025 unless 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification before December 17, 2024. Many of them have online contact forms. You may have to enter an address near their local office in their district for the contact form to go through, but I know they're going to want to be reminded of this by as many people as possible in order to save humanity and American democracy from donald trump. Plus, Kamala Harris can be contacted via the White House Vice President contact form; and as a presidential candidate and the President of the Senate, she and President Biden can do a lot to enforce donald trump having to have his insurrectionist disqualification removed by a two-thirds vote of the House of Representatives and the Senate before December 17, 2024.
This is why donald j. trump has no path to the White House without having 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification; and why all 6 MAGA Insurrectionist SCOTUS injustices will be immediately and permanently disbarred for legislating from the bench, denying Congress the opportunity to legislate as the U.S. Constitution requires, and illegally and criminally amending Section 3 of the 14th Amendment so that elected Democrats in the House of Representatives and Senate would be denied the opportunity to represent their constituents via the required two-thirds vote to remove donald j. trump's insurrectionist disqualification from ever holding federal office again.
MAGA SCOTUS' Illegal and Criminal Actions in the Anderson vs. trump Case. From www.supremecourt.gov:
The text of Section 3 reinforces these conclusions. Its final sentence empowers Congress to “remove” any Section 3 “disability” by a two-thirds vote of each house. The text imposes no limits on that power, and Congress may exercise it any time, as the respondents concede. In fact, historically, Congress sometimes exercised this amnesty power postelection to ensure that some of the people’s chosen candidates could take office.
…it is Congress that has long given effect to Section 3 with respect to would-be or existing federal officeholders. Shortly after ratification of the Amendment, Congress enacted the Enforcement Act of 1870. That Act authorized federal district attorneys to bring civil actions in federal court to remove anyone holding nonlegislative office—federal or state—in violation of Section 3, and made holding or attempting to hold office in violation of Section 3 a federal crime.
Section 5 limits congressional legislation enforcing Section 3, because Section 5 is strictly “remedial.” To comply with that limitation, Congress “must tailor its legislative scheme to remedying or preventing” the specific conduct the relevant provision prohibits. Section 3, unlike other provisions of the Fourteenth Amendment, proscribes conduct of individuals. It bars persons from holding office after taking a qualifying oath and then engaging in insurrection or rebellion—nothing more.
Any congressional legislation enforcing Section 3 must, like the Enforcement Act of 1870 and §2383, reflect “congruence and proportionality” between preventing or remedying that conduct “and the means adopted to that end.” Neither we nor the respondents are aware of any other legislation by Congress to enforce Section 3.
The disruption would be all the more acute—and could nullify the votes of millions and change the election result—if Section 3 enforcement were attempted after the Nation has voted. Nothing in the Constitution requires that we endure such chaos—arriving at any time or different times, up to and perhaps beyond the Inauguration.
Justice Sotomayor, Justice Kagan, and Justice Jackson Opinion on the Majority Ruling:
Yet the majority goes further. Even though “[a]ll nine Members of the Court” agree that this independent and sufficient rationale resolves this case, five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy. Ante, at 13. Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.
Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “ ‘ “ascertain[ ] what particular individuals” ’ ” should be disqualified. Ante, at 5 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.
To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). Ante, at 5. In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31.
Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U.S. 507, 524 (1997); see Civil Rights Cases, 109 U.S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise. It simply creates a special rule for the insurrection disability in Section 3.
The majority is left with next to no support for its requirement that a Section 3 disqualification can occur only pursuant to legislation enacted for that purpose. It cites Griffin’s Case, but that is a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge. See ante, at 5 (quoting 11 F. Cas., at 26). Once again, even petitioner’s lawyer distanced himself from fully embracing this case as probative of Section 3’s meaning. See Tr. of Oral Arg. 35–36. The majority also cites Senator Trumbull’s statements that Section 3 “ ‘provide[d] no means for enforcing’ ” itself. Ante, at 5 (quoting Cong. Globe, 41st Cong., 1st Sess., 626 (1869)). The majority, however, neglects to mention the Senator’s view that “[i]t is the [F]ourteenth [A]mendment that prevents a person from holding office,” with the proposed legislation simply “affor[ding] a more efficient and speedy remedy” for effecting the disqualification. Cong. Globe, 41st Cong., 1st Sess., at 626–627.
Ultimately, under the guise of providing a more “complete explanation for the judgment,” ante, at 13, the majority resolves many unsettled questions about Section 3. It forecloses judicial enforcement of that provision, such as might occur when a party is prosecuted by an insurrectionist and raises a defense on that score. The majority further holds that any legislation to enforce this provision must prescribe certain procedures “ ‘tailor[ed]’ ” to Section 3, ante, at 10, ruling out enforcement under general federal statutes requiring the government to comply with the law. By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.
“What it does today, the Court should have left undone.” Bush v. Gore, 531 U.S. 98, 158 (2000) (Breyer, J., dissenting). The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. The majority resolves much more than the case before us. Although federal enforcement of Section 3 is in no way at issue, the majority announces novel rules for how that enforcement must operate. It reaches out to decide Section 3 questions not before us, and to foreclose future efforts to disqualify a Presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.
Section 3 serves an important, though rarely needed, role in our democracy. The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an “insurrection [and] rebellion” to defend slavery. §3. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment.
#2024 presidential election#2024 election#election 2024#kamala harris#harris walz 2024#donald trump#trump#president trump#trump 2024#republicans#democrats#gop#evangelicals#uspol#politics#us politics#american politics#us elections#us election 2024#us government
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