heidilifeldman, to random
@heidilifeldman@mastodon.social avatar

On the same day the Supreme Court makes yet another decision disgracing the American judiciary, another state court judge demonstrates the bravery and principle that rule of law requires. Illinois county circuit court judge has adopted the Colorado Supreme Court’s reasoning, combined with the court’s examination of relevant Illinois election law, to rule that Trump may not appear on the ballot as he is ineligible to serve as President per . https://www.cnn.com/2024/02/28/politics/illinois-trump-removed-ballot-insurrectionist-ban/index.html

ArenaCops, to random

🤔 So Trump claims he hasn't been an "Officer of the United States", who would be amenable to the provisions of the Fourteenth Amendment's Section 3, potentially disqualifying him from running for & holding public (presidential) office.
He's freaking wrong!

And he should know damn better. As he's himself officially & publicly been insisting on being treated like an "officer" in court.

Just like now-AG Garland certainly remembers his own time on the U.S. Court of Appeals for the D.C. Circuit, which wrote: "President Trump removed the suit to federal court under the federal officer removal statute, 28 U.S.C. § 1442(a)(1)." in K&D LLC v. Trump Old Post Office LLC and Donald J. Trump.

https://en.wikipedia.org/wiki/Officer_of_the_United_States
https://www.lexology.com/library/detail.aspx?g=966e96d3-2384-43ba-ac5c-7c57cc9aeffb
#RuleOfLaw #JusticeMatters #AccountabilityMatters #Jan6 #Insurrection #14thAmendmentSection3 #NoOneIsAboveTheLaw #TrumpIsNotAboveTheLaw

heidilifeldman, to history
@heidilifeldman@mastodon.social avatar

Will be interesting to see what mental gymnastics self-proclaimed “originalist” Supreme Court Justices will use to argue that of the does not disqualify Trump from holding the office of U.S. president. Here’s an excellent amicus brief from leading experts on the history of the provision and how it was understood by people at the time of its adoption. https://www.supremecourt.gov/DocketPDF/23/23-719/298999/20240129110006501_23-719%20bsac%20American%20Historians%20Final.pdf

Brandi_Buchman, to random
@Brandi_Buchman@mstdn.social avatar

Even Jefferson Davis, leader of the Confederacy — and his lawyer — knew the insurrection clause in the U.S. Constitution not only disqualified him from holding office but, importantly, that Section III of the Fourteenth Amendment “executes itself” and once that constitutional Rubicon is crossed, disqualification was his “automatic” punishment.

https://lawandcrime.com/high-profile/even-jefferson-davis-recognized-section-iii-automatically-disqualified-him-dozens-of-historians-urge-supreme-court-to-remove-trump-from-2024-ballot/

ArenaCops,

@Brandi_Buchman More on disqualification for insurrection in U.S. history:

Baude & Paulsen explain, that the "officer" reading distorts methodology:
"a reading that renders the document a ‘secret code’ loaded with hidden meanings discernible only by a select priesthood of illuminati is generally an unlikely one.
...
Gentle reader, can you seriously imagine that our 19th-century ratifier—an informed, loyal American who had just lived through a brutal war that took more than 600,000 lives for the sole reason that Southern whites would not accept that Abraham Lincoln won the 1860 election—would have understood Section 3 to mean that a traitor couldn’t be a Senator, or a Representative, or a governor, or a state legislator, or for that matter a dog-catcher—but that Robert E. Frickin’ Lee could turn his coat one more time, swear he really would support the Constitution this time, and waltz into the White House?

I cannot."

https://washingtonmonthly.com/2023/11/20/after-the-civil-war-robert-e-lee-couldnt-run-for-president-but-trump-can/

ArenaCops, to random

"History will teach us, that … of those men who have overturned the liberties of republics the greatest number have begun their carreer [sic], by paying an obsequious court to the people, commencing Demagogues and ending Tyrants."
— Alexander Hamilton, Federalist No. 1 —

"The key to the Founders’ fear of the demagogue was not merely that he might secure high office, but that the means by which he would attain it – appeal to the mob – would allow him to corrupt or overthrow the Republic in order to transform himself into a dictator. The source of the demagogue’s power does not expire if he is expelled from office; so long as he retains the loyalty of the mob, he may return to power.
...
Trump was the man against whom the founding generation armed the constitution with the disqualification clause. They would surely think anyone quite mad for suggesting that a president who actively sought the overthrow of democracy could not be disqualified from trying again because the failed plot reached its crescendo too close to the expiration of his term."

The Founders would've found the madmen suggesting, that a president, who actively sought the overthrow of democracy could not be disqualified from trying again in the majority of contemporary Senate "Republicans" & the majority of their House "Republican" accomplices.

https://washingtonmonthly.com/2021/01/18/what-the-founders-would-have-done-with-trump/

ArenaCops,

Studies of various historical forms of governments & their respective leaders enabled Hamilton & other Founders to identify & even foresee worse & worst examples of self-centered reckless sociopathic ruling figures like Trump, Putin, Stalin, Hitler & other tyrants the empires of whom thankfully were never allowed to make it to eternity.

https://washingtonmonthly.com/2021/01/18/what-the-founders-would-have-done-with-trump/

iuculano, to maine
@iuculano@masto.ai avatar

“I do not reach this conclusion lightly,” #Maine's #Democratic Secretary of State #ShennaBellows wrote in her 34-page decision. “I am mindful that no #SecretaryOfState has ever deprived a presidential candidate of #BallotAccess based on #Section3 of the #FourteenthAmendment. I am also mindful, however, that no presidential candidate has ever before engaged in #insurrection.”

#Trump #Disqualification
#14thAmendment
#14thAmendmentSection3
#SectionThree

https://apnews.com/article/maine-trump-presidential-ballot-election-insurrection-081fd38ce1f20be9b8423cb2f8c66dee

iuculano,
@iuculano@masto.ai avatar

« “Secretary [Shenna] showed great courage in her ruling, and we look forward to helping her defend her judicious and correct decision in court. No elected official is above the law or our , and today’s ruling reaffirms this most important of principles,” , and said in a statement. »




2/2

StephenRamirez, to Quotes

A construction of Section Three that would nevertheless allow a former President who broke his oath, not only to participate in the government again but to run for and hold the highest office in the land, is flatly unfaithful to the Section’s purpose — Colorado Supreme Court

marynelson8, to USpolitics
@marynelson8@mstdn.social avatar

‘The Opposite of Politics’: A Conservative Legal Scholar Says Kicking Trump Off the Ballot Is ‘Unassailable’

J. Michael Luttig explains why he thinks the 14th Amendment should prevent Trump from running for president again.

https://www.politico.com/news/magazine/2023/12/21/luttig-14th-amendment-trump-00132792

Fair enough. I’'m just trying to grasp what you mean when you say “unassailable.” I mean, the Supreme Court could assail it. I understand your question, and I appreciate it. All we can do is assess ourselves the objective law — in this instance, the meaning and application of Section 3 of the 14th amendment. Now, I was a judge for many, many years, and I did exactly that on constitutional questions for 15 years — and as we discussed earlier, I've been studying this specific question in great detail for the past three years. So, you know, I consider myself — personally — an expert on the question. The Colorado Supreme Court decision was over 120 pages, and I read every word of every page, and I understood every single word because I've studied the issue. The Colorado Supreme Court addressed every single state law question and every single federal constitutional question as to the meaning and interpretation of the 14th Amendment. I know for a fact that it resolved each and every one of those questions as required not just under state law, but, more importantly, under federal constitutional law. That’s why I said that the opinion is unassailable in every respect. It is a masterful judicial opinion, and based on the objective law of the 14th, I believe that the Supreme Court should — and I believe it will — affirm the Colorado Supreme Court if given the opportunity.

iuculano, to Colorado
@iuculano@masto.ai avatar

The rules is disqualified from holding office, citing section three of the , removing him from the state’s 2024 ballot.

marcelias, to random
@marcelias@mas.to avatar

If you live in one of these 20 states, your Republican Attorney General is trying to eviscerate private enforcement of the Voting Right Act in court.

AL, AR, AK, FL, GA, ID, IN, KS, KY, LA, MS, MO, MT, ND, NE, OK, SC, TX, UT, WV

ArenaCops,

@marcelias 😎 Looks like a collective confession of "Republican" Attorneys General.

Which the co-founder of the Republican Party, Abraham Lincoln wouldn't have approved, I'm sure.

Lincoln's creed: "Government of the people, by the people, for the people, shall not perish from the earth."

Today's "Republican" Attorneys General (from ex- & neo-Confederate states) evidently disagree.

marcelias, to random
@marcelias@mas.to avatar

I hope you read my latest.

Donald Trump is plotting to overthrow American democracy. It is not a secret, and he is not subtle. The only question is whether enough people will care enough to stop it. https://www.democracydocket.com/opinion/donald-trumps-plot-against-america/

ArenaCops,

@marcelias Words that will forever echo in my head:

"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."
— Preamble to the United States Declaration of Independence —

A dictatorial Mafia state à la Putin under Trump instead of the United States? No way!

RollingStone, to random

Ohio Republicans are claiming a constitutional amendment protecting abortion rights, which was approved by voters in Tuesday’s election, doesn’t actually do that — and they’re promising to take steps to prevent the legal protection of reproductive freedom in the state. https://www.rollingstone.com/politics/politics-news/ohio-republicans-stop-issue-1-abortion-rights-1234875333/

ArenaCops,
hackdefendr, to Polls

People that are so concerned that is polling higher than are blowing things way out of proportion. It isn't even yet and Trump still has 91 felony counts to face and there are several constitutional court battles going on over his legitimacy to run in the first place.

Besides, are worthless garbage used to conjure up content that produces an emotional response. In other words, Trump is ahead in the polls because that is what sells right now.

Personal Message:

If you choose to not vote for Biden & Harris or do not vote at all, then you are responsible for what comes next. Trump is not just another candidate. The media and the need to stop treating him and any other republican like they are regular candidates.

marcelias, to random
@marcelias@mas.to avatar

deleted_by_author

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  • ArenaCops,

    @marcelias 😎🤔 Fourteenth Amendment Section 3.

    Disqualify all of Trump's co-conspirators inciting & engaging in insurrection against the authority of the United States & the laws thereof, and giving aid & comfort thereto.

    ArenaCops, to random

    So Mike Johnson opposes Obergefell v. Hodges & same-sex marriage, but obviously not sexual assault against more than 25 women, allegedly committed by his personal role model Donald J. Trump.

    "The list of women who have publicly made sexual misconduct allegations against Donald Trump outnumbers the list of officials in his [former so-called] cabinet. Before today, no fewer than 25 women had made such accusations against Trump, ranging from harassment to sexual assault and rape."

    When will Mike Johnson introduce legislation in the House to have prayers for grabbing groper Trump in public schools?

    https://www.theguardian.com/us-news/2020/sep/17/amy-dorris-donald-trump-women-who-accuse-sexual-misconduct

    RepDonBeyer, to random
    @RepDonBeyer@mas.to avatar

    I just received this letter from a U.S. Army Reserve soldier describing how a shutdown will impact her.

    It’s just awful.

    Nobody should be rooting for a shutdown, people will really get hurt if this happens.

    ArenaCops,
    marcelias, to random
    @marcelias@mas.to avatar

    deleted_by_author

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  • ArenaCops,

    @marcelias Updated translation of not only Wisconsin's insurrectionary "GOP":

    *** Gang Of Putschists ***

    What else but disqualification should the organized subversion of electoral process & infrastructure, including election officials & judiciary earn the criminal network constantly violating constitutional regulations & rules it's deliberately offending & breaking, in its organized rebellion against the authority of the United States?!

    marcelias, to random
    @marcelias@mas.to avatar

    deleted_by_author

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  • ArenaCops,

    @marcelias Making it harder to vote & easier to cheat in elections is the successive "Republican" way to rebel against the authority of the United States & the laws thereof, after their January 6 conspiracy failed.

    https://www.nytimes.com/interactive/2021/01/07/us/elections/electoral-college-biden-objectors.html

    marcelias, to random
    @marcelias@mas.to avatar

    These anti-democracy zealots are rejecting ballot language for a proposed amendment to the Ohio Constitution. Republicans are afraid that if there is a citizen-led, independent redistricting commission they will lose.
    https://www.democracydocket.com/news-alerts/ohio-ag-twice-rejects-ballot-language-for-citizen-led-redistricting-commission/

    ArenaCops,

    @marcelias If "Republicans" are scared of an independent, citizen-led redistricting commission, they're simply confessing to be the designated losers in every free & fair election.
    And that they're just rigging elections to pretend not to be the losing minority — which they are.
    Their continued, almost "traditional" electoral fraud by means of voter suppression, disenfranchisement & gerrymandering, all their racist conspiracy against voters' rights must have legal consequences. It's unacceptable.

    Can there be "bipartisanship" with a party of serial, continued electoral fraud? Not at all!

    marcelias, to random
    @marcelias@mas.to avatar

    deleted_by_author

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  • ArenaCops,

    @marcelias 😎 Well, there are appropriate rewards for rebelling against the authority of the United States. Like eg disqualification & reduced congressional representation.

    marcelias, to random
    @marcelias@mas.to avatar

    deleted_by_author

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  • ArenaCops,

    @marcelias 👏👏👏 Congratulations once again! The insurrectionary Confedereds evidently can't let go of running against the walls of the Reconstruction Amendments, their codified derivates & Marc Elias Group.
    Wonderful!

    Piousunyn, to random

    Neo-Nazis are worse then the original Nazis, because they are Republicans.

    ArenaCops,

    @jobsboils @Piousunyn Some of their foot soldiers may certainly be ready to commit atrocities like the Nazis did, but signs of the "GOP" entity's leadership preparing for mass-extermination of racially targeted parts of the population are not visible.

    Nonetheless currently there seems to be no parliamentary/congressional "Republican", who should be holding office, due to their evident disloyalty to the constitutional order & their unveiled rebellion against the authority of the United States.

    marcelias, to random
    @marcelias@mas.to avatar

    deleted_by_author

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  • ArenaCops,

    @marcelias Today "GOP" is a lawless, anti-constitutional, anti-democratic & anti-human entity.

    Should any lawless, anti-constitutional, anti-democratic & anti-human entity be eligible to hold public offices under the United States or any of its states & territories?

    No!

    Why? Because the law rules & NOT lawlessness, enemies of the Constitution, U.S. democracy & humanity.

    The evil Nazi Apocalypse was a lesson for the free world, that you must never ever allow enemies of democracy to abuse democracy in order to destroy & remove democracy.

    https://www.lawfaremedia.org/article/section-3-disqualifications-for-democracy-preservation

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