Disqualified!

 

Little Sister Resister made a meme!

We have a disqualification!

I've written a lot about Section Three of the Fourteenth Amendment. You can find my initial summary here, which distills the brilliant legal analysis of a small bit of the United States Constitution. 

You'll remember that two conservative (members of the Federalist Society no less!) Constitutional scholars, William Baude and Michael Stokes Paulsen, wrote about the Section and outlined very clearly why the clause disqualifies the Apricot Pol Pot from taking office again. 

Section Three of the Fourteenth Amendment reads:

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.

The upshot of Baude's and Pauslen's analysis is that the Section is valid and not expired; that it is self executing, meaning Congress does not need to pass any other law to enforce it; that it supersedes any previous provisions in the Constitution that disagree with it; and that the disqualifications are sweeping, and indeed include the office of president.

After a few other states declined to pursue the matter, the Colorado Supreme Court agreed to hear the case and found that indeed 45 is not eligible to become 47, based on Section Three of the Fourteen Amendment, and therefore ruled to disqualify him from the Colorado primary ballot.

What what?!

The nation is all in a kerfuffle. 

What are the talking heads saying?

Those on the right of course are saying that the decision was wrong. All the remaining presidential candidates have all said that T**** should not be beaten by a court but by the voters. 

Other skeptics agree. Some say it was a "political gift" to T****. Karl Rove, political advisor and deputy chief of staff for Dubya, wrote an editorial in the Wall Street Journal calling it "fundamentally undemocratic." You can see him on Faux News discussing his views. Interesting that he said Section Three has only been used twice (which is untrue, but that is for another day). He dismissively described one back in 1919, but he conspicuously neglects to mention that another decision was in 2022, which disqualified New Mexico's Couy Griffen from office, based on his participation in an insurrection against the United States on January 6, 2021. 

Other voices are saying it's the correct decision, including conservative voices.

George Conway, famous for being a vocal conservative voice against Donald T****, wrote a compelling piece in The Atlantic. Conway had been of the mind that the assertion that Section Three would disqualify candidate T**** was wrong, until interestingly, the dissenting opinions on the Colorado decision convinced him otherwise. 

Another conservative voice agrees with the decision, that of former judge Michael Luttig. Luttig was an assistant attorney general under Bush I, and Bush II appointed him to the United States Court of Appeals for the Fourth Circuit. More recently, Luttig was adviser to Vice President Mike Pence. Luttig agrees with Colorado's decision and had been thinking about Section Three years before the issue came to the forefront. Luttig calls the Colorado decision "masterful" and "unassailable."

Read his interview with Politico. It's a worthwhile read. 

or watch him on MSNBC:

What are The People saying?

54% of American voters approve of the decision, according to a YouGov poll. This includes 84% of Democrats, 48% of independent voters, and to my eye, a whopping 24% of Republicans. 

What is LSR saying?

Can you guess what her responses are to these cries of "not fair!"?

"He should be eliminated by the voters, not by a court!"

Well, first off, he was repudiated by voters – twice. And yes, it would be great if he were again. But then he participated in an insurrection and aided and abetted thousands of others who also participated. Secondly, he is not being disqualified by a court, he is being disqualified by the United States Constitution. If the Constitution says he's a no-go, then he's a no-go. The court doesn't disqualify him, the Constitution does. The court is there to confirm and enforce what is written.

"It's just political. A bunch of leftists are trying to change the election! It's not fair!"

Like Michael Luttig said, it's the opposite of politics. It's not a trick or a loophole or a technicality. It is our Constitution. It is the law of the land. 

"It's a gift to T****. Neener-neener-neener."

Well, which is it? Not fair to him or a gift to him? It's only a gift because he makes it a gift. And he better milk it quick. The gift lasts only while it is being litigated. And of course, a big-fat ribboned gift if SCOTUS rules the other way. And then, let him have the gift. It's true; he will eat it up and play the victim and grift his minions out of more money. Let him. It is his MO, and we expect no different. He will whine and cry witch hunt and say everyone is out to get him. He's not wrong. Voters don't want him. And we won't have him, regardless. 

"He hasn't been convicted of engaging in an insurrection!"

The Section doesn't say he has to be convicted. And it doesn't even say he has to engage in an insurrection directly. Even if he simply gave "aid and comfort" to others that did, he is disqualified. How 'bout this for aid and comfort? 

"But wait! If T**** is out, Nikki Haley will take the nomination, and she beats Biden!"

Well, that's a leap. But even if true, we have to ignore the possible consequences. Sure, it'll be a different fight if another candidate rises. But the issue is the issue. Whatever happens after, we will deal with as voters and as a nation. To think any other way, or to bend the issue to what is good for your party, is to make it political. And it is not political. It is an American legal issue. Period. 

Jack Ohman

What is next?

The order to remove him from Colorado's primary ballot was stayed by the court immediately. The decision was stayed in case the Supreme Court wants to take up the issue before ballots are printed. The stay is until January 4, 2024, the day before ballots are to be finalized. It's just a couple weeks away!

Which brings us to... The sticky wicket. The Supreme Court of the United States. I don't know about you, but I've lost some trust in SCOTUS. It's been sullied. Some justices were placed there under scurrilous circumstances, and at least one justice is on the take. Let's face it, this is not your father's SCOTUS.

If they take it up in time, the originalists will have to put up or shut up. This matter is classic originalist fodder. A majority of the court are originalists. Will they put their money where there mouth is? 

My prediction, and I hope I'm wrong: the Supreme Court will delay hearing the case until it is too late. They will call it moot and move on. They have already said they will not fast-track the immunity question. There is no reason for them to want to get their hands in this mess.

For more speculation about what SCOTUS may do, read the smart Aaron Blake's analysis in The Washington Post.

AND! There are other states with the issue before their courts. It may very well come around again, with the Colorado decision as a bolster and a roadmap.

Whatever happens, dear resisters, do not fret. We will keep up the resistance. And we will prevail!

Legal Churnings and Dictator Yearnings

News has been coming in fast and low. Hold on your hats cuz I'm gonna try to catch up quickly!

THE COURT CASES

A couple major setbacks for King Minus came on December 1:

Setback in the Federal Election Subversion case: Judge Chutkan, who is overseeing the federal January 6 case against Voldemoron, ruled that he does not have immunity, stating in her ruling that the four years of the presidency doesn't include a "lifelong 'get-out-of-jail-free' pass." He of course appealed immediately.

45's tactic is to delay, delay, delay so that the case is moot in the event that he wins the presidency (ugh I hate typing those words!). But in a brilliant chess move, Special Prosecutor Jack Smith requested that the Supreme Court of the United States put the appeal on a fast-track to be heard, skipping over lower courts and their time-consuming processes. SCOTUS has said that they will consider the request.

Trumpty Dumbty's lawyers have until this Wednesday to file briefs about what they think SCOTUS should do . 

Interestingly enough, a baby judge by the name of Brett Kavanaugh wrote a briefing 25 years ago that would shoot down any claim of immunity. See Lawrence O'Donnell from MSNBC analyze this:

Unfortunately, even still, his delay tactic is working. Judge Chutkan put the trail on pause while the immunity appeal is sorted out. Come on, SCOTUS!!

On the same day as Judge Chutkan's immunity ruling, POTATUS suffered a setback with regard to civil lawsuits from victims of the January 6 attacks. A three-judge panel ruled that he was acting as a candidate, not as president, and he is not protected by presidential immunity.

“He is acting as office-seeker, not office-holder — no less than are the persons running against him when they take precisely the same actions in their competing campaigns to attain precisely the same office,” Judge Sri Srinivasan (another brown-skinned immigrant judge!) wrote on behalf of the unanimous panel (which, by the way, includes a Donald Dump-appointed judge). 

Several civil suits aimed at SCROTUS are in the mill. There have been suits filed by police officers injured during the insurrection, one by Congressperson Eric Swallwell (D-Cal.), and one by other House Democrats.

Both of these December 1 rulings are yuge! He is getting backed into the corner. It is obvious there is no protection from him from the law. 

There was a doozy in the Mar-a-lago documents case. Attorney Jennifer Little (who was his attorney then and now) "very clearly" warned Double Agent Orange that he had to comply with the subpoena for the classified documents and that he "absolutely" understood. She is quoted as advising him that, "Once this is signed – if anything else is located – it's going to be a crime." Not that ignorance of the law is a defense, but he has chosen it as a defense. You know the rest of the story.

They are still wrangling about who can lay eyes on classified information. These wrangles may delay the trial, but as of now, it is still scheduled to start May 20.

The New York civil fraud trial continues. 45 had been slated to testify in his own defense but pulled out at the last minute. The trial will wind up after the new year with a judgment on penalty coming soon.

The gag orders are both in effect. As you recall, there was back-and-forth about gag orders in the federal January 6 case and the New York civil fraud trial. Thought they have been modified, gag orders stand in both cases. 

The hush money case in Manhattan still sits on a slow simmer. No new developments, and the trial is scheduled to start on March 25.

THE WANNABE DICTATOR 

Clay Bennett

We heard his "vermin" remarks. There is no backing down from his authoritarian stance. In fact, now he has gone further, telling Sean Hannity on Faux News that he will be a dictator "only on day one." And there it is. 

During the interview, which was a town hall meeting in Iowa, Hannity lobbed the softball toward him, asking him to reassure the American people that, "under no circumstances, you are promising America tonight, you would never abuse power as retribution against anybody?" only to have the flaming bat filled with 100% New York-grown authoritarian cork come out swinging hard. Not only did the Mango Mussolini proclaim he would be dictator on day one, but he repeated the exchange, just in case you missed it. Clownigula pointed to Hannity and said, 'We love this guy. He says, 'You’re not going to be a dictator, are you?' I said: 'No, no, no, other than day one. We’re closing the border, and we’re drilling, drilling, drilling. After that, I’m not a dictator.'"

During campaign speeches, he is leaning hard into the dictator talk. A couple days ago he approvingly quoted Putin and Hungary's Victor Orban, called January 6 defendants "hostages," and dripped his words with flavors of Hitler by continuing the dehumanization of immigrants by saying that they are "poisoning the blood of our country."

Here's a caution from Robin Abcarian writing in the LA Times. Believe them when they make their authoritarian threats against a free press.

And the editorial board of the LA Times urges us to take this all "literally and seriously." He would do very bad things if he rises to power again.

There has been speculation about what his cabinet would be like. The saving grace last time was that there were good and true people in the cabinet. Yes, they were bootlickers, too, but remember, they were replaced when they showed a modicum of loyalty to the U.S. Constitution over the Orange Menace. They next T**** cabinet (please dear Zeus let there not be a next T**** cabinet) would have loyalists installed. Loyalty would trump competence as Axios speculates, and we may end up with a cabinet filled with Steven "White Rat" Miller, J.D. Vance, Empty Gee, Steve Bannon, Fucker Carlson, and Jeffery Clark in positions of power. Be afraid. Be very afraid. 

And yet, maybe you can put your fear on the shelf for now. Here is one upbeat-ish message for those afraid of a TЯUMP dictatorship. William Cooper writes for CNN: Would Trump be a dictator in a second term? No, but he would be a disaster. Cooper believes our system of checks and balances would hold a true dictatorship at bay. But, he cautions, it would still be really bad. 

Would our democratic institutions hold? The only way to not find out is to preempt this thought experiment and make sure they are not put to such a test. Stock up now with postcards, stamps, and campaign money. Get ready to write letters to the editor, to stump for Democrat candidates, to get out the vote. It is up to each and every one of us to RESIST.

OTHER  DUFUSES

Rudolph William Louis Giuliani has been ordered to pay $128,000,000 to his victims Ruby Freeman and Shaye Moss, whom he defamed by spreading lies that they committed election fraud. What a Rufus (leaving this fun typo). Even after the judge ruled that he had defamed the women, while waiting for a ruling, Rudy was asked if he regretted his actions. Doubling down (quadrupling down? Quintzillioning down?), he said, "Of course I don't regret it, I told the truth," he said. "They were engaged in changing votes." He continued from the ol' familiar playbook: He said to "stay tuned" for the "proof." 

Ummmm, honey, the truth and the proof has been laid bare. Just shut your little yellow mouth. 

After the verdict was read and he was ordered to pay ONE HUNDRED AND TWENTY-EIGHT MILLION DOLLARS, he continued his lies, lies, lies. He said that he was not allowed to present evidence. The most audacious thing he said was that though the "comments" the women received were bad, he gets them too, and "this is a terrible part of political system. Republicans, Democrats, liberals, and conservatives all get that." 

Yeah, right. "Everyone" is subject to vile threats like the two women suffered. Get out of your gilded cage, Rufus. You chose to be in the public eye. These women were volunteering as their civic duty called. To have powerful men come after them is shameful. You, sir, lack honor. 

By the way, it's questionable if the two women will see any money. Rudy may not have much money, and certainly not 128 million dollars.  

George Anthony Devolder Santos (R-NY), liar extraordinaire, was finally expelled from Congress, only the sixth member of Congress to be expelled. He won't be fading into the background, though. He faces multiple federal charges for fraud, money laundering, and lying to Congress. And, fun stuff! he is making Cameo videos for anyone who has a few hundos to throw his way. Jimmy Kimmel tells you more:

Kenneth John Chesebro and Sidney Katherine Powell. Part of their plea deal in the Georgia racketeering case was a condition hat they each write an apology letter to the citizens of Georgia for their actions. Oh! How heartfelt their missives! 

Here they are, in their entirety.

I apologize for my actions in connection with the events in Coffee County. s/ Sydney Powell October 19, 2023

October 20, 2023 I apologize to the citizens of the state of Georgia and Fulton County for my involvement in Count 15 of the indictment. s/ Kenneth J. Chesebro

The fake electors in Nevada. 

More charges against those who would do our country harm. Six fraudsters in Nevada have been charged for their actions. The indictments follow cases filed against fake electors in Michigan and, as we know well, Georgia. Throw the book at them!

THE RUSSIA CONNECTION

An unreacted binder full of Russian intelligence went missing in the waning days of the last administration. They still don't know where it is. 

This particular binder, reportedly 10 inches thick, was fast-tracked for declassification by TЯUMP just before he left the Whitewash House. A few redacted versions are accounted for and remain in the Justice Department's possession. The intact documents? Gone.

Any guesses as to the contents of the binder? Yup, intelligence into the Russian connections to the 2016 election and information about the investigation of the same. It contains information on intelligence methods and on Russian sources. Who would love this info? His Cutie Putie would love this info.

Where could the binder be? In a bathroom at Mar-a-Lago, or maybe the Bedminster outhouse this time? Tucked into a golf bag at Doral? ....Or maybe Putin already has it. 

THE GOP IMPLOSION

It continues. 

Both Repug candidates for a house seat from Ohio have been behaving badly. One lied about military service, the other bashed the Messiah. As you know, the Repugs have a hersesy clause and one must not speak ill of the Orange Jesus. Read about Ohio's woes here. 

THE OTHER  SIDE

Remember when gas prices were sky high over the summer? You'd see stickers on the gas pumps that look like this:

And remember when inflation was surging and headlines popped up like, "Inflation is Biden's fault, and only Biden's fault" and when the stock market struggled and it was "Biden's market?" 

So, now we will hear "Three cheers for Biden! Hip-hip-hooray!" Right? Right? Cuz inflation is slowing, the stock market is sharply up – at record highs – and gas prices are down about 7% from a year ago. Do we hear cheers? No? Are you sure? We should be hearing accolades for the President's direct influence on lower prices and a surging economy, shouldn't we?

What's that noise instead? We hear, "Impeach Biden!" And more than that, we hear, "I don't know what he's done or when, but we're going to look into it and hopefully find something!" 

Here's newsman Stephen Colbert to explain:

John Darkow 

That's all for now. 

Keep up the resistance, sister and brother resisters! If we don't meet before the new year, Happy Holidays and Happy New Year to all (both?) of my devoted readers! XOXOXO