Insurrections and rebellions against the Constitution of the United States — the kinds of attacks on the Constitution by former officers that disqualify them under Sec 3 of the 14th Amendment — are of two main kinds:
the first involve attempts to rend the constitutional fabric of the Union horizontally, through secession (as in the 1860s, in the lead up to Fort Sumter);
the second involve attempts to rend the constitutional fabric of the Union vertically, by rejecting the Constitution’s architecture of quadrennial succession, with each presidential term lasting exactly 4 years (as with Trump’s 2016-20 term in office), so
what Trump tried to do by holding onto the presidency by any means possible, from fake electoral slates to pressuring Pence to reject lawfully certified slates to fomenting violence on Jan 6, amounted to
a classic case of a failed coup against the Constitution itself and not just an attempt to overthrow an agency of the government; on the contrary,
Trump sought to seize the government for himself rather than to dismantle it, a distinction without a difference when it comes to the text and purpose of the Disqualification Clause of the
14th Amendment to the United States Constitution, the clause designed to prevent treacherous oath-takers, who commit “moral perjury” when they swear to preserve, protect, and defend or support
our most fundamental law, from ever again having an opportunity to take down the structure of our constitutional democracy and the republic it sustains
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1. 100 leading scholars of democracy warned yesterday that the laws being passed across the country to make voting harder, coupled with lies about who won in 2020 and whether our elections can be trusted, put America in grave risk of becoming a nation where a clique rules us all.
2. The loss of power to govern ourselves on the basis of free, and fair and elections will strip not only Black and Brown citizens but all citizens of a meaningful franchise, replace rule by laws with rule by rulers, and make everyone vulnerable to the whims of a select few.
3. None of the rights we take for granted would remain secure. Countries that have undergone the changes that now loom on our horizon have been promised law, order and prosperity but have instead been overrun with rampant crime and corruption and have descended into chaos.
Come gather 'round, people
Wherever you roam
And admit that the waters
Around you have grown
And accept it that soon
You'll be drenched to the bone
If your time to you is worth savin'
And you better start swimmin'
Or you'll sink like a stone
For the times they are a-changin'
Come writers and critics
Who prophesize with your pen
And keep your eyes wide
The chance won't come again
And don't speak too soon
For the wheel's still in spin
And there's no tellin' who
That it's namin'
For the loser now
Will be later to win
For the times they are a-changin'
Come senators, congressmen
Please heed the call
Don't stand in the doorway
Don't block up the hall
For he that gets hurt
Will be he who has stalled
The battle outside ragin'
Will soon shake your windows
And rattle your walls
For the times they are a-changin'
1.Ken Gormley says his executive unpardoning idea “might sound strange, even extra-constitutional.” In fact, it wd be UNCONSTITUTIONAL even though I agree a self-pardon, if issued, should be judicially declared void if invoked as a defense to prosecution
2. The reason is that even a pardon that’s subject to invalidation by a court is an entitlement that can’t be taken from its holder without due process of law. See Amendment V.
3. Just as Trump has no authority to decide on his own that he’s entitled to grant himself a pardon, so Biden would have no authority to decide on his own that Trump’s self-pardon isn’t worth the paper it’s written on.
1. Candidate DT violates federal criminal campaign finance laws by conspiring (as Individual 1) with his fixer, MC to get hush money through corporation A to a porn star, SD, to buy her silence & help him become POTUS months later.
2. As POTUS, he grants himself a “full and complete pardon for any federal crimes I may have committed in the past as to which the statute of limitations has not run.”
3. If the pardon power of Art II, sec 2 is read to be absolute & unbounded, any federal crimes that help a candidate without scruples to become POTUS will forever be shielded from prosecution.
1. 40 days till Election Day. But “Election Day” is a dangerous misnomer. Congress set the first Tuesday after the first Monday every 4th November as the date for states using a popular election (which all 50 now do) to appoint Electors. 3 USC Sec.1. This year, that’s Nov. 3
2. The day Electors "give their Votes...shall be the same throughout the U.S.," Art. II, Sec.1 (Dec. 14 this year) but no provision of law says Electors, who must all be "appoint[ed] in such Manner as [State] Legislature[s] may direct," must all be appointed the same day.
3. No legal provision, state or federal, purports to permit discarding or declining to count ballots just because they weren't processed by the end of a so-called "Election Day."
This is the actual test that Trump brags about acing. He says the final few questions were “really hard.” That statement is Exhibit A that Trump is mentally disabled. Retweet if you find the test ridiculously easy 👇🏼
ALERT: This is the sweeping executive order Trump will invoke to patrol public spaces in the states he deems out of control. Get ready to take him to court every time he uses the order to suppress 1st Amendment “freedom of speech” & “peaceable assembly.” whitehouse.gov/presidential-a…
None of your rights will be safe when Trump gets through. Don’t assume he’ll be satisfied until the whole Bill of Rights — yes, including your 2d Amendment right to defend yourself and your family from his unidentified stormtroopers in unmarked vehicles — is a distant memory.