🇺🇸 Mike Davis 🇺🇸 Profile picture
Oct 30 3 tweets 2 min read Twitter logo Read on Twitter
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New Denver District Judge Sarah Wallace, a Democrat Donor, Commits Reversible Error By Refusing to Recuse from Trump January 6th Case After Donating to Anti-Trump January 6th PAC

1. On August 18, 2022, Democrat Governor Jared Polis appointed Democrat donor Sarah Wallace as a Denver District Judge, starting on January 10, 2023.



2. On October 15, 2022, Judge-designee Sarah Wallace donated to the Colorado Turnout Project, a political action committee formed to vote out Republicans who supported Trump on January 6, 2021.





3. This week, Judge Wallace is holding a highly unusual (and unconstitutional) trial to determine whether to disqualify Trump from the ballot based upon his activities on January 6th.

4. Judge Wallace previously rejected all of Trump’s legal arguments, including the only way to disqualify for insurrection under the Section 3 of the 14th Amendment is to win a federal criminal conviction under the federal insurrection criminal statute Congress passed to execute Section 3.



5. Today, Judge Wallace admitting to making the anti-Trump January 6th PAC donation. She said she didn’t remember making it. But despite her donation, she claims she can be fair.

But her subjective belief in her ability to be fair is not the correct legal standard.

The standard is an objective one:

Will the public reasonably believe she can give Trump a fair January 6th-related bench trial after she donated to an anti-Trump January 6th PAC ?

The answer is clearly not.

This is the reversible error.

But will the Democrat-controlled Colorado appellate courts correct this?


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More from @mrddmia

Oct 29
The Democrats’ lawfare and election interference against Trump ramps up on a new front tomorrow.

This time, in Denver.

The Democrats impeached Trump twice.

For nonsense.

And indicted him four times.

For non-crimes.

They are trying to destroy his family business.

With a bogus civil “fraud” lawsuit.

For the non-fraud of a businessman paying back sophisticated Wall Street banks.

In full.

On time.

With interest.

As agreed.

The Democrats even illegally—and outrageously—gagged Trump.

Twice.

(A defendant—more than anyone—must have the constitutional right to criticize the prosecutor, judge, court staff, and process.

Especially when the charges are transparently political.)

But the Democrats’ lawfare and election interference backfired.

Trump’s going to beat Biden like a drum on November 5, 2024.

So now the Democrats want partisan Democrat judges and election officials to simply boot Trump from the ballot.

To take away Americans’ right to choose our President.

Under a bogus legal theory Trump is (somehow) disqualified from running under for office.

By a post-Civil War amendment to root out those who fought against the Union.

The Democrats have another bogus, partisan trial this week in Colorado.

In front of a partisan Democrat judge.

Who donated to the Democrats’ get-out-the-vote campaign.

Nothing screams “Democracy!” like indicting, bankrupting, silencing, imprisoning, and disqualifying your political opponents.

So @Article3Project will head to the Denver courthouse tomorrow.

To publicly support Trump.

Here’s our @WashTimes piece explaining the Democrats’ bogus legal theory to disqualify Trump from the ballot:

DAVIS: Democrats’ lawless game to remove Trump from 2024 ballot
Mike Davis | The Washington Times

After the Civil War, Congress passed and the states ratified the Civil War amendments. The 13th, 14th and 15th amendments outlawed slavery, guaranteed equal protection and due process to freed slaves, and guaranteed voting rights to freed male slaves.

In the immediate aftermath of the war, Confederate sympathizers began winning elections to the House of Representatives and other key offices. Fearing they would undermine the Union and Reconstruction efforts, Congress added Section 3 to what would become the 14th Amendment to disqualify Confederate sympathizers from holding office if they engaged in insurrection or rebellion against the United States during the Civil War.

Democrats, desperate to defeat a resurgent former President Donald Trump, are dusting off the 14th Amendment’s disqualification clause, largely dormant for 155 years, with a ridiculous legal theory to remove him from the ballot before the 2024 presidential election.

Fearing their two impeachments, four bogus indictments and several frivolous civil cases — blatant lawfare and election interference by Democrats — will not stop Mr. Trump on Nov. 5, 2024, Democrats and some Trump-deranged Republicans are pushing their legal theory that Mr. Trump is disqualified from running for office under the disqualification clause (Section 3) of the post-Civil War 14th Amendment.

Their theory is that Mr. Trump’s challenge to the 2020 election (which he was allowed to do under the Electoral Count Act of 1887 and the First Amendment), the Jan. 6 protest (which was permitted by the National Park Service and allowed by the First Amendment), and the resulting riot (of which House Democrats’ Jan. 6 committee found no evidence of Mr. Trump’s incitement) was an “insurrection.”

Thus, Democrats pretend Section 3 of the 14th Amendment disqualifies Mr. Trump from running for president in 2024.

In other words, because Democrats fear the American people will vote Mr. Trump back into the White House, they want to take away the voters’ choice. This starts with left-wing watchdog groups such as Citizens for Responsible Ethics in Washington engaging in frivolous litigation in a blue state to set a lawless and dangerous precedent.

Their next targets will be key swing states like Michigan or Georgia. Further, we should prepare for unilateral declarations of disqualification by politicians, even without a criminal conviction or other judicial process.

For people who proclaim they are defending democracy, this is one of the most dangerous, destructive and anti-democratic political games imaginable.

Even if Mr. Trump has the support of the public to win back the White House, these disqualification clause zealots simply want President Biden to win by default.

This will not fly with the American people, and it will not fly with the Supreme Court.

Indeed, Stanford law professor Michael McConnell — a former federal appellate judge and no fan of Mr. Trump — destroys this legal fantasy that politicians can disqualify Mr. Trump from running for office based on the events of Jan. 6.

There is no evidence of an insurrection or rebellion on Jan. 6 under the 14th Amendment’s Civil War meaning.

“These are demanding terms, connoting only the most serious of uprisings against the government, such as the Whisky Rebellion and the Civil War,” Judge McConnell wrote.

Labeling Jan. 6 an insurrection rather than a riot is a dangerous political game that will lead to lawless, political, and very destructive disqualifications of political opponents going forward.

“The terms of Section 3 should not be defined down to include mere riots or civil disturbances, which are common in United States history,” Judge McConnell concluded.

Section 3 is also not self-executing. Section 5 of the 14th Amendment gives Congress — not partisan state officials — the power to determine what qualifies as insurrection or rebellion.
“The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article” — U.S. Const. amend. XIV, § 5.

This means that Congress must pass legislation to give the disqualification clause its effect. Chief Justice Samuel Chase made that very clear in 1869, and it remains the controlling case today. See Griffin’s Case, 11 F. Cas. 7, 26 (C.C.D. Va. 1869).

So in 1870, pursuant to Congress’ Section 5 powers under the 14th Amendment, Congress passed a criminal statute — the Enforcement Act of 1871, or “the Ku Klux Klan Act” — with a disqualification provision. Congress revised this statute to its current form in 1948:

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States” — 18 U.S.C. § 2383.

Thus, disqualification for insurrection or rebellion under Section 3 of the 14th Amendment requires a federal criminal conviction — with evidence beyond a reasonable doubt, a unanimous jury, and the conviction upheld on appeal — for insurrection or rebellion under 18 U.S.C. § 2383.

No one has charged Mr. Trump with insurrection or rebellion. The evidence does not exist, despite years and tens of millions of dollars spent by the House Democrats’ Jan. 6 committee, corporate media, liberal nonprofit enterprises, and the Biden Justice Department hunting for such evidence.

Democrats and Trump-deranged Republicans must stop playing their dangerous, anti-democratic political game. Booting Mr. Trump from the ballot, based upon a bogus legal theory of a Civil War amendment’s disqualification clause, is a republic-ending tactic.

Mike Davis is founder and president of the Article III Project, which defends constitutionalist judges. As former chief counsel for nominations to Senate Judiciary Committee Chairman Chuck Grassley, Iowa Republican, he served as the staff leader for Justice Brett Kavanaugh’s Supreme Court confirmation. He also served as a law clerk to Justice Neil Gorsuch, both on the 10th U.S. Circuit Court of Appeals and the Supreme Court.
Read 8 tweets
Aug 14
ICYMI:

BLM riots = good; January 6th riot = bad

“U.S. District Judge Tanya Chutkan called it a false equivalence ‘to compare the actions of people protesting, mostly peacefully, for civil rights’ to the mob that ‘was trying to overthrow the government.’” apnews.com/article/black-…
BLM leaders:

1. Self-proclaimed “trained Marxists”

2. Idolize dictator (Mao) who mass-murdered 45 million Asians

3. Advocate political violence (domestic terrorism)

4. Support terrorists (Hamas) attacking civilians of key ally (Israel)

5. Raise money to bail out child… twitter.com/i/web/status/1…
Read 4 tweets
Jul 1
Fact Check: 💯 True.

Trump’s flawless Gorsuch nomination and confirmation united weak and wobbly Senate Republicans to run over the Democrats’ filibuster and lower the vote threshold from 60 to 51.

This comforted Kennedy enough to retire, so Trump could replace Kennedy with his… https://t.co/wMF65a5yEVtwitter.com/i/web/status/1…
Read 5 tweets
Jun 20
Biden's Attorney General Merrick Garland and the Biden Justice Department put Democrat political operatives on Trump cases.

Here's just one example.

Sophia Brill worked on Biden's unprecedented raid on Trump.

Now, Sophia Brill is working in the Biden White House. Image
Another example is Matthew Colangelo, a top Biden Justice Department political appointee:

Read 10 tweets
Jun 20
The Biden Justice Department reached a sweetheart deal with Hunter Biden.

Hunter will get no jail time for being the bagman for Joe Biden’s vast foreign corruption.

The Biden Justice Department will continue to bury evidence the President of the United States is compromised.
Silver Lining:

Hunter Biden can no longer plead the Fifth.

House Republicans should issue subpoenas immediately for his documents and testimony.
Read 4 tweets
Jun 19
John Durham, former Connecticut U.S. Attorney, was handpicked by both Democrat home-state senators.

Same with David Weiss, current Delaware U.S. Attorney.

Why did Biden keep Weiss?

Both have protected Biden for years.

Rob Hur, former Maryland U.S. Attorney, will do same.
Bill Barr, who clearly hates Trump, picked Durham and Weiss.

Merrick Garland, who clearly hates Trump, picked Hur.

The Uniparty protects its own.

Read 6 tweets

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