#the American Presidency

[dreaminginthedeepsouth]

Matt Davies :: Shirk. http://Newsday.com/matt

* * * *

LETTERS FROM AN AMERICAN

November 24, 2024

Heather Cox Richardson

Nov 25, 2024

Since the night of the November 5, election, Trump and his allies have insisted that he won what Trump called “an unprecedented and powerful mandate.” But as the numbers have continued to come in, it’s clear that such a declaration is both an attempt to encourage donations— fundraising emails refer to Trump’s “LANDSLIDE VICTORY”—and an attempt to create the illusion of power to push his agenda. 

The reality is that Trump’s margin over Democratic nominee Vice President Kamala Harris will likely end up around 1.5 points. According to James M. Lindsay, writing for the Council of Foreign Relations, it is the fifth smallest since 1900, which covers 32 presidential races. Exit polls showed that Trump’s favorability rating was just 48% and that more voters chose someone other than Trump. And, as Lindsay points out, Trump fell 4 million votes short of President Joe Biden in 2020. 

Political science professor Lynn Vavreck of the University of California, Los Angeles, told Peter Baker of the New York Times: “If the definition of landslide is you win both the popular vote and Electoral College vote, that’s a new definition” On the other hand, she added, “Nobody gains any kind of influence by going out and saying, ‘I barely won, and now I want to do these big things.’”

Trump’s allies are indeed setting out to do big things, and they are big things that are unpopular. 

Trump ran away from Project 2025 during the campaign because it was so unpopular. He denied he knew anything about it, calling it “ridiculous and abysmal,” and on September 16 the leader of Trump’s transition team, Howard Lutnick, said there were “Absolutely zero. No connection. Zero” ties between the team and Project 2025. Now, though, Trump has done an about-face and has said he will nominate at least five people associated with Project 2025 to his administration. 

Those nominees include Russell Vought, one of the project's key authors, who calls for dramatically increasing the powers of the president; Tom Homan, who as acting director of Immigration and Customs Enforcement (ICE) oversaw the separation of children from their parents; John Ratcliffe, whom the Senate refused in 2019 to confirm as Director of National Intelligence because he had no experience in intelligence; Brendan Carr, whom Trump wants to put at the head of the Federal Communications Commission and who is already trying to silence critics by warning he will punish broadcasters who Trump feels have been unfair to him; and Stephen Miller, the fervently anti-immigrant ideologue.

Project 2025 calls for the creation of an extraordinarily strong president who will gut the civil service and replace its nonpartisan officials with those who are loyal to the president. It calls for filling the military and the Department of Justice with those loyal to the president. And then, the project plans that with his new power, the president will impose Christian nationalism on the United States of America, ending immigration, and curtailing rights for LGBTQ+ individuals as well as women and racial and ethnic minorities.

Project 2025 was unpopular when people learned about it. 

And then there is the threat of dramatic cuts to the U.S. government, suggested by the so-called “Department of Government Efficiency,” or DOGE, headed by billionaires Elon Musk and Vivek Ramaswamy. They are calling for cuts of $2 trillion to the items in the national budget that provide a safety net for ordinary Americans at the same time that Trump is promising additional tax cuts for the wealthy and corporations. Musk, meanwhile, is posturing as if he is the actual president, threatening on Saturday, for example: “Those who break the law will be arrested and that includes mayors.”  

On Meet the Press today, current representative and senator-elect Adam Schiff (D-CA) reacted to the “dictator talk,” with which Trump is threatening his political opponents, pointing out that "[t]he American people…voted on the basis of the economy—they wanted change to the economy—they weren’t voting for dictatorship. So I think he is going to misread his mandate if that’s what he thinks voters chose him for.”

That Trump and his team are trying desperately to portray a marginal victory as a landslide in order to put an extremist unpopular agenda into place suggests another dynamic at work. 

For all Trump’s claims of power, he is a 78-year-old man who is declining mentally and who neither commands a majority of voters nor has shown signs of being able to transfer his voters to a leader in waiting. 

Trump’s team deployed Vice President–elect J.D. Vance to the Senate to drum up votes for the confirmation of Florida representative Matt Gaetz to become the United States attorney general. But Vance has only been in the Senate since 2022 and is not noticeably popular. He—and therefore Trump—was unable to find the votes the wildly unqualified Gaetz needed for confirmation, forcing him to withdraw his name from consideration. 

The next day, Gaetz began to advertise on Cameo, an app that allows patrons to commission a personalized video for fans, asking a minimum of $550.00 for a recording. Gaetz went from United States representative to Trump’s nominee for U.S. attorney general to making videos for Cameo in a little over a week. 

It is a truism in studying politics that it’s far more important to follow power than it is to follow people. Right now, there is a lot of power sloshing around in Washington, D.C. 

Trump is trying to convince the country that he has scooped up all that power. But in fact, he has won reelection by less than 50% of the vote, and his vice president is not popular. The policies Trump is embracing are so unpopular that he himself ran away from them when he was campaigning. And now he has proposed filling his administration with a number of highly unqualified figures who, knowing the only reason they have been elevated is that they are loyal to Trump, will go along with his worst instincts. With that baggage, it is not clear he will be able to cement enough power to bring his plans to life.

If power remains loose, it could get scooped up by cabinet officials, as it was during a similarly chaotic period in the 1920s. In that era, voters elected to the presidency former newspaperman and Republican backbencher Warren G. Harding of Ohio, who promised to return the country to “normalcy” after eight years of the presidency of Democrat Woodrow Wilson and the nation’s engagement in World War I. That election really was a landslide, with Harding and his running mate, Calvin Coolidge, winning more than 60% of the popular vote in 1920.

But Harding was badly out of his depth in the presidency and spent his time with cronies playing bridge and drinking upstairs at the White House—despite Prohibition—while corrupt members of his administration grabbed all they could. 

With such a void in the executive branch, power could have flowed to Congress. But after twenty years of opposing first Theodore Roosevelt, and then William Howard Taft, and then Woodrow Wilson, Congress had become adept at opposing presidents but had split into factions that made it unable to transition to using power, rather than opposing its use.

And so power in that era flowed to members of Harding’s Cabinet, primarily to Treasury Secretary Andrew Mellon and Secretary of Commerce Herbert Hoover, who put into place a fervently pro-business government that continued after Harding’s untimely death into the presidency of Calvin Coolidge, who made little effort to recover the power Harding had abandoned. After Hoover became president and their system fell to ruin in the Great Depression, Franklin Delano Roosevelt took their lost power and used it to create a new type of government. 

In this moment, Trump’s people are working hard to convince Americans that they have gathered up all the power in Washington, D.C., but that power is actually still sloshing around. Trump is trying to force through the Senate a number of unqualified and dangerous nominees for high-level positions, threatening Republican senators that if they don’t bow to him, Elon Musk will fund primary challengers, or suggesting he will push them into recess so he can appoint his nominees without their constitutionally-mandated advice and consent. 

But Trump and his people do not, in fact, have a mandate. Trump is old and weak, and power is up for grabs. It is possible that MAGA Republicans will, in the end, force Republican senators into their camp, permitting Trump and his cronies to do whatever they wish. 

It is also possible that Republican senators will themselves take back for Congress the power that has lately concentrated in presidents, check the most dangerous and unpopular of Trump’s plans, and begin the process of restoring the balance of the three branches of government.

LETTERS FROM AN AMERICAN

HEATHER COX RICHARDSON

[johnny-depp-is-loved]

Please, spread this for those who might need it right now

U.S. suicide hotline: call or text 988 (available 24 hours)

U.S. trans lifeline: (877) 565-8860 (when you call, you’ll speak to a trans/nonbinary peer operator. full anonymity and confidentiality)

Substance Abuse and Mental Health Services Administration (SAMHSA) National Helpline: 1-800-662-HELP (4357) – provides 24/7 confidential support and referrals for individuals and families facing mental health and substance use disorders, including panic attacks and anxiety.

LGBT National Help Center: (888) 843-4564

Trevor Project: Call (866) 488-7386, text START to 678-678, or chat online.

Take care of yourself and each other. Please stay safe ♡

[beloved-johnny-depp]

the most disturbing thing isn’t dude bros voting for trump. the most disturbing thing is women, trans, queer, disabled people and people of color voting for trump. it’s disheartening seeing how many women, trans, queer, disabled people and people of color turn out to be trump supporters.

sorry but that man isn’t going to protect you when he’s president. you are betraying your own communities who are trying to protect you at best, voted your own rights away at worst. and for what?

[isawthismeme]

She’s brown and a democrat, gotta get that birth certificate, that we’ll call fake news anyway. Apparently, if you can’t win in a fight, you gotta at least try to get your opponent disqualified.

Sad and weird.

[nando161mando]

no one for president 2024

[reasonsforhope]

Kamala Harris just announced that her vice president will be Minnesota governor Tim Walz. Based on the coverage so far I'm really reassured by this decision.

The Washington Post did an obviously great job of making a prepared article for each option, considering how long an article they had up 7 minutes after the announcement.

((Okay technically it's not an official announcement yet it's "according to three people familiar with the pick, who spoke on the condition of anonymity to discuss a decision that is not yet public." But listen. I am 99% sure this is a weather balloon. (Meaning: a deliberate leak to gauge reaction.) Because the sheer weakness or incompetence on the part of the Harris campaign that it would take for three people to all confirm that within a few hours hours of each other and the planned announcement it is massive.))

-via The Washington Post, August 6, 2024

Honestly this decision, from everything I've read and can tell, looks like it's brilliant politics.

Important Context: The vice president(ial candidates)'s job in an election is not to be similar to the president. The vice president's job on the ballot is very, very much specifically to be different from the president. Why? So they can cover each others' weaknesses. Especially regionally.

(Sidenote: I feel a bit ridiculous saying this. But genuinely if you want to get a stronger understanding of how US elections really work. Go watch seasons 6 and 7 of The West Wing. Genuinely, a lot of politicians have said - especially back in its day - that that was the most accurate depiction of an election they'd ever seen. Also specifically features an entire arc about a contested Democratic primary convention, so also very good if you're interested in understanding weird nominating convention shenanigans.)

From the article:

"Harris’s choice for a running mate was among the most closely watched decisions of her fledgling campaign, as she sought to bolster the ticket’s prospects for victory in November and rapidly find someone who could be a governing partner. In picking Walz, she has selected a seasoned politician with executive governing experience and signaled the importance of Midwestern battleground states such as Wisconsin and Michigan.

Walz’s foray into politics came later in life: He spent more than two decades as a public school teacher and football coach, and as a member of the Army National Guard, before running for Congress in his 40s. In 2006, he defeated a Republican to win Minnesota’s 1st Congressional District--a rural, conservative area--and won reelection five times before leaving Congress to run for governor.

Walz was first elected governor in 2018 and handily won reelection in 2022. Though little-known outside his state, Walz emerged publicly as one of the earliest names mentioned as a possible running mate for Harris, and in the ensuing days he made the rounds on television as an outspoken surrogate for the vice president...

“These are weird people on the other side. They want to take books away, they want to be in your exam room. … They are bad on foreign policy, they are bad on the environment, they certainly have no health care plan, and they keep talking about the middle-class,” Walz told MSNBC in July. “As I said, a robber baron real estate guy and a venture capitalist trying to tell us they understand who we are? They don’t know who we are.”

Walz also has faced criticism from Republicans that his policies as governor were too liberal, including legalizing recreational marijuana for adults, protecting abortion rights, expanding LGBTQ protections, implementing tuition-free college for low-income Minnesotans and providing free breakfast and lunch for schoolchildren in the state.

But many of those initiatives are broadly popular. Walz also signed an executive order removing the college-degree requirement for 75 percent of Minnesota’s state jobs, a move that garnered bipartisan support and that several other states have also adopted.

“What a monster. Kids are eating and having full bellies, so they can go learn, and women are making their own health-care decisions,” Walz said sarcastically in a July 28 interview with CNN when questioned whether such policies would be fodder for conservative attacks, later adding: “If that’s where they want to label me, I’m more than happy to take the [liberal] label.”

Walz also spoke at a kickoff event in St. Paul for a Democratic canvassing effort, casting Trump as a “bully.”

“Don’t lift these guys up like they’re some kind of heroes. Everybody in this room knows--I know it as a teacher--a bully has no self-confidence. A bully has no strength. They have nothing,” Walz said at the event, sporting a camouflage hunting hat and T-shirt.

Walz has explained that he felt some Democrats’ practice of calling Trump an existential threat to democracy was giving him too much credit, which prompted his decision to denounce the GOP nominee instead as being “weird.”

“I do believe all those things are a real possibility, but it gives him way too much power," Walz said on CNN’s “State of the Union” regarding the Democrats’ rhetoric. “Listen to the guy. He’s talking about Hannibal Lecter, shocking sharks, and just whatever crazy thing pops into his mind.”

If Walz is elected vice president, under state law, Minnesota Lt. Gov. Peggy Flanagan (D) would assume the governorship for the rest of his term. Minnesota Senate president Bobby Joe Champion, a Democrat, would become lieutenant governor."

-via The Washington Post, August 6, 2024

--

This guy. Sounds like. fucking Moderate swing-state/rural/Midwestern/southern/"heartland"/working class white voter catnip. He sounds like he's also a very smart politician and strong campaigner. And he's apparently genuinely a good guy with a good record, too.

He sounds like he's going to do a really good job of appealing to voters in several of the big deal swing states without being from any of them specifically. Which means it doesn't feel like pandering to one of the states involved (and thereby spurning the others), which is also great.

(Also he was the one who started "weird" @ conservatives and I think we should take that seriously as a very good political instinct/move. Judging in large part by how it has so clearly hit an actual nerve with conservatives like so little else. Also hugely relevant: that post going around about how part of why conservatives are so upset about "weird" is because in the Midwest, "weird" specifically also implies anti-social or harmful behavior.)

Officially feeling more optimistic about Trump not winning in November

[creelarke]

[starcrossedandstupid]

How did they fail AGAIN???

[nevadancitizen]

DEMAND A RECOUNT!!

to all my american followers, it is your right as a citizen of this country to have your vote counted. many elements call this election into question. you can directly contact the white house about this.

click on this text to go to the white house's website

submit directly to the president

click the first option and select your reasoning as election security

state these pieces of information in a paragraph:

32 fake bomb threats were called into democratic-leaning polling places, which caused the polls to be closed for at least an hour

people are reporting their ballots weren't counted for various unsound reasons (signature invalidation, information that the vote counter couldn't have had)

this all occurred in swing states (pennsylvania, nevada, georgia)

it's all too coincidental that these things happen and swing in trump's favor after months of hinting at foul play

directly state that an investigation for tampering/interference/fraud is required -- not just a recount

(this information is ripped from tweenyseeks on twitter, but i feel justified in sharing it, as the fate of the american people is in the balance)

[directactionforhope]

Don't let people tell you that voting doesn't matter

My grandparents came to this country from an authoritarian dictatorship that literally threw out all the votes. And literally falsified the election results. A country where literally no one's vote mattered - and that was during the years you could vote. (You know, all the things people say about the US to try to convince you that your vote doesn't matter.)

It was a country that literally assassinated their political opponents. And literally sent people who spoke out against them to prison for years of hard labor. (You know, the things Trump has openly talked about doing in the US dozens of times.)

My great-grandmother and great-grandfather were both arrested for refusing to join the governing party. They were both imprisoned for years. Their daughter, my grandma, had to live in a boarding house.

My grandpa, her future husband, was imprisoned for two years because of his country of origin.

My great-grandmother forced them to let her out of prison after two years, but only by virtue of being extremely lucky, tough as nails, and willing to potentially die in the process. My great-grandfather was imprisoned at a work camp for seven years, until his legs stopped working from digging holes in the ground in subfreezing water, at which point they threw him in the snow outside the front gates. The only reason he survived was because of the kindness of strangers who drove by.

My great-grandparents lived the rest of their time in that country with surveillance equipment in their home. Hidden microphones and tapped phones, and my great-grandfather's deep-seated fear that his wife's unwillingness to stop talking shit about the ruling party would land them back in prison.

They tried to assassinate my grand-grandfather. They shot at him while he was walking home from the neighbors', and barely missed. They successfully assassinated his cousin, and almost assassinated eight or so other members of his family in the attack.

Voting matters. The right to vote matters. Imperfect elections still matter.

Trump wants to take us to a country like the one my grandparents moved here from. Don't fucking let him.

And don't let anyone persuade you that it's worth the risk to not vote or vote third party.

The country my family is from is now a democracy. Let's keep the US as one too, please.

[memingursa]

[johnny-depp-is-loved]

[patriottruth]

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; because if he didn't, nothing, including MAGA SCOTUS, could stop Democrats in the House and Senate from disqualifying him; even if he wins the 2024 presidential election. He failed to do so prior to November 5, 2024.

*** Just wanted to include a huge thank you to everyone who is liking and reblogging this post and engaging by writing to your congressional representatives AND Democratic Leaders Schumer and Jeffries. You're all amazing and I appreciate you so much! For those asking when we'll be seeing this in the news, I'm working on that every day; and every time anyone here on Tumblr engages like I mentioned above, it increases the chances that Leaders Schumer and Jeffries will speak about it on major media outlets. For everyone wanting to see this in the news sooner than later, please copy and paste this entire message into an email and send it to everyone you know, and then please also share this information with Marc Elias of Democracy Docket and Citizens for Responsibility and Ethics in Washington via info@democracydocket.com and info@citizensforethics.org; because if enough people contact those attorneys, those attorneys have all of the media contacts they need to gain even more support for this effort.

I'm being asked what people can do once they've contacted their representatives and Democratic Leaders Schumer and Jeffries. The next step is lawyering up for United States vs. trump et. al. (donald trump and every state elector in the Electoral College who attempts to engage in and further insurrection against the United States by voting for disqualified insurrectionist donald j. trump). MAGA and trump are constantly being defeated in court by Marc Elias and his Democracy Docket team across the United States, and Citizens for Responsibility and Ethics in Washington are the attorneys from the Anderson vs. trump case and numerous other cases against MAGA, donald trump, and the trump administration. Those attorneys can and will represent the United States, alongside the actual U.S. Department of Justice, in stopping donald trump from being elected by the Electoral College on December 17, 2024.

I'm so thankful that people here on Tumblr are feeling more hopeful after reading this post; because it was heartbreaking for me to witness the extent of the trauma and misery around this site immediately after the election. I hope this message finds everyone in a much better situation than they were in November 6th. Have a great day, everyone! ***

*** For those asking about a normal presidential line of succession when donald trump is disqualified via Section 3/14A, MAGA SCOTUS addressed this on March 4th, 2024 in their Anderson opinions about how federal enforcement that disqualifies donald trump post-election would change the President-elect to Kamala Harris, not j.d. vance; and technically, j.d. vance is conspiring with a known insurrectionist to assist that disqualified insurrectionist in holding office in violation of the U.S. Constitution, so he's disqualified as well. But if vance wasn't disqualified for giving aid to an insurrectionist, there is no presidential line of succession prior to a President-elect being inaugurated and sworn in; especially when that disqualified insurrectionist President-elect can't even be elected by the Electoral College; so it's just a disqualified presidential candidate dragging down everyone with them due to their insurrectionist disqualification. The Republican party knew that donald trump was and is nothing more than a disqualified presidential candidate who never had a real chance of being elected, thus they knowingly forfeited the 2024 presidential race to Harris when they nominated trump; and MAGA SCOTUS acknowledged this when even they acknowledged that donald trump is, and would continue to be, at the mercy of the Democrats in the House and Senate if he somehow managed to win the election and attempted to hold office as a disqualified insurrectionist. ***

Between today 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!

What will happen on December 17th, 2024 if donald j. trump hasn't cleared his insurrectionist disqualification via a two-thirds vote of both houses of Congress? Every Elector attempting to elect a known insurrectionist will be disqualified from being an Elector for engaging in and furthering insurrection against the United States. It is impossible for donald j. trump to remain as President Elect on December 17th, 2024; because every Elector in every state who attempts to vote for donald j. trump for President would then have to be immediately cleared of their insurrectionist disqualification by a two-thirds vote of their state legislature so that they could then vote for the only remaining legal, non-insurrectionist candidate. If donald j. trump hasn't cleared his insurrectionist disqualification by December 17, 2024, the only legal presidential candidate the Electoral College can vote for is Kamala Harris.

Article 2: Clause 3: Electoral College See also: Twelfth Amendment to the United States Constitution, Twentieth Amendment to the United States Constitution, Contingent election, Electoral College abolition amendment, Efforts to reform the United States Electoral College, and National Popular Vote Interstate Compact The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse [sic] by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse [sic] the President. But in chusing [sic] the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse [sic] from them by Ballot the Vice President.

Electoral College Elector Selection Process Article II, Section 1, Clause 2 of the Constitution requires each state legislature to determine how electors for the state are to be chosen, but it disqualifies any person holding an Office of Trust or Profit under the United States, from being an elector. Under Section 3 of the Fourteenth Amendment, any person who has sworn an oath to support the United States Constitution in order to hold either a state or federal office, and later rebelled against the United States directly or by giving assistance to those doing so, is disqualified from being an elector. Congress may remove this disqualification by a two-thirds vote in each house. (Wikipedia)

For those who would argue this is misinformation due to donald trump's MAGA cult allies in the Senate preventing him from being convicted, the bipartisan congressional J6 Committee investigated donald j. trump for insurrection, found him guilty of insurrection, referred him for criminal prosecution for insurrection, and donald j. trump was indicted and is currently being prosecuted for insurrection by the Department of Justice (unless the case gets dropped). Section 3 of the 14th Amendment doesn't require a formal conviction, so the congressional investigation, finding of insurrection, and the congressional committee referral for criminal prosecution, along with the federal indictment and prosecution for insurrection, can easily be used to keep donald j. trump from ever holding federal office again. Per the Supreme Court of the United States' own Berger Test to disqualify judges, the ridiculous, nonsensical, unethical and illegal MAGA SCOTUS majority "ruling" pertaining to their attempted declaration of donald j. trump's permanent immunity from federal enforcement of Section 3 of the 14th Amendment means absolutely nothing for him, or any other insurrectionist; 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 (MAGA SCOTUS whining and crying about federal enforcement against federal candidates/their presidential candidate). 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.

RULES OF THE SUPREME COURT OF THE UNITED STATES Rule 8. Disbarment and Disciplinary Action

Whenever a member of the Bar of this Court has been disbarred or suspended from practice in any court of record, or has engaged in conduct unbecoming a member of the Bar of this Court, the Court will enter an order suspending that member from practice before this Court and affording the member an opportunity to show cause, within 40 days, why a disbarment order should not be entered. Upon response, or if no response is timely filed, the Court will enter an appropriate order.

After reasonable notice and an opportunity to show cause why disciplinary action should not be taken, and after a hearing if material facts are in dispute, the Court may take any appropriate disciplinary action against any attorney who is admitted to practice before it for conduct unbecoming a member of the Bar or for failure to comply with these Rules or any Rule or order of the Court.

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 (supremecourt.gov):

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.

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 down to 19 days, and 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. Per the U.S. Constitution, SCOTUS was required to kick the case back to Congress immediately to force a two-thirds vote of both houses to remove or enforce donald trump's insurrectionist disqualification, and that would've settled the entire matter within a day. 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 removing their insurrectionist disqualification 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.

donald j. trump is actively engaging in the federal crime of attempting to hold federal office while being an impeached and criminally indicted insurrectionist. Chuck Schumer can easily force the Section 3 vote in the Senate; and if donald j. trump gets no Democrat votes in the Senate, then the House vote is unnecessary. If MAGA mike johnson refuses to allow a House vote, then that's an instant disqualification for insurrectionist donald j. trump.

Hakeem Jeffries Democratic Leader of the House of Representatives https://www.congress.gov/member/hakeem-jeffries/J000294 https://democraticleader.house.gov/contact

Chuck Schumer Democratic Leader of the Senate https://www.congress.gov/member/charles-schumer/S000148 https://www.schumer.senate.gov/contact/message-chuck

Here's a form letter that'll be under 1980 characters no matter if you're contacting House Democratic Leader Jeffries or Senate Democratic Leader Schumer. Just copy and paste the text into the contact form. If these Democratic leaders receive hundreds of these messages from different IP/Internet addresses, we'll have their attemtion. If they receive thousands of these messages from different IP/Internet addresses, we might see this in the news. If they receive tens of thousands of these messages from different IP/Internet addresses, we might finally be free from the threat of another donald trump presidency (turnout is everything in this fight for our human and civil rights, freedoms, and literal survival as non-trump supporters and non-MAGA cult members).

Dear Democratic Leader Jeffries,

My family, loved ones, friends, and I are greatly concerned that Donald J. Trump and all of his MAGA allies, supporters, enablers, donors, and voters have what clearly appear to be genocidal intentions to all American non-Trump supporters and voters whom they call, "traitors, anti-American, enemies from within, very bad people, very dangerous people, racists, radicals, extremists, communists, Marxists, fascists, thugs, liars, sick, ugly, stupid, mindless, thoughtless, brainless, disabled, deranged, criminals, rapists, cheaters, sleazebags, low-lifes, scum, trash, genetically inferior, weak, poison, insects, animals, rats, snakes, and vermin" on a regular basis. As I'm sure that you and all elected Democrat representatives at every level across the United States are aware, Donald J. Trump was not granted permanent immunity from federal enforcement of Section 3 of the 14th Amendment in the SCOTUS ruling for Anderson vs. Trump on March 4, 2024; and the moment Donald J. Trump was declared the President Elect, he was committing the federal crime of attempting to hold office while being an impeached and indicted insurrectionist without first having that insurrectionist disqualification removed by a two-thirds vote of both houses of Congress. Donald J. Trump and his MAGA cult appear to intend to not only deport 15 million people, but to also engage in undeniable genocide and ethnic and cultural cleansing against half the population of the United States (using voter registration as a "vermin" purge mechanism). Thankfully, per the Supreme Court's own Berger Test to disqualify judges, Donald J. Trump's MAGA SCOTUS allies can never intervene on any of his legal cases again, so if you would please bring the matter of a two-thirds vote to the House of Representatives for an immediate vote by no later than December 11th, 2024, my fellow Americans and I would greatly appreciate it.

Respectully,

An American patriot

Dear Democratic Leader Schumer,

My family, loved ones, friends, and I are greatly concerned that Donald J. Trump and all of his MAGA allies, supporters, enablers, donors, and voters have what clearly appear to be genocidal intentions to all American non-Trump supporters and voters whom they call, "traitors, anti-American, enemies from within, very bad people, very dangerous people, racists, radicals, extremists, communists, Marxists, fascists, thugs, liars, sick, ugly, stupid, mindless, thoughtless, brainless, disabled, deranged, criminals, rapists, cheaters, sleazebags, low-lifes, scum, trash, genetically inferior, weak, poison, insects, animals, rats, snakes, and vermin" on a regular basis. As I'm sure that you and all elected Democrat representatives at every level across the United States are aware, Donald J. Trump was not granted permanent immunity from federal enforcement of Section 3 of the 14th Amendment in the SCOTUS ruling for Anderson vs. Trump on March 4, 2024; and the moment Donald J. Trump was declared the President Elect, he was committing the federal crime of attempting to hold office while being an impeached and indicted insurrectionist without first having that insurrectionist disqualification removed by a two-thirds vote of both houses of Congress. Donald J. Trump and his MAGA cult appear to intend to not only deport 15 million people, but to also engage in undeniable genocide and ethnic and cultural cleansing against half the population of the United States (using voter registration as a "vermin" purge mechanism). Thankfully, per the Supreme Court's own Berger Test to disqualify judges, Donald J. Trump's MAGA SCOTUS allies can never intervene on any of his legal cases again, so if you would please bring the matter of a two-thirds vote to the Senate for an immediate vote by no later than December 11th, 2024, my fellow Americans and I would greatly appreciate it.

Respectully,

An American patriot

[xdemonicheartx]

To my fellow American Citizens

The answer to despair is action!

Please read:

Reblogs help reach more people, if you cannot help for whatever reason you can still reblog and that makes all the difference!

Image transcript:

YOU CAN CONTACT THE WHITE HOUSE DIRECTLY:

Go to this website https://t.co/nhEejuzfG3

Submit directly to the president

Click the first option, select your reasoning as election security

State these pieces of information in a paragraph:

32 fake Bomb Threats were called into democratic leading poll places, rendering polls to be closed for at least an hour

A lot of people reporting their ballots weren't counted for various reasons that are not very sound seeming. (Signature invalidation, information that vote counter could not have had)

This all occurred in swing states. (PA, Nevada, Georgia, ETC.)

This is all too coincidental that these things happen and swing in his favor after months of hinting of foul play.

Directly state that an investigation for tampering/interference/fraud is required, not just a recount.

[jazzhaaaands]

President Harris has a nice ring to it.

[aci25]

The funding for Palestine is also conditional on Palestinians never testifying to the ICC against Israeli war crimes