A couple days ago the Secretary of State in Maine determined Trump’s name should be removed from the ballot in her state and, already, I’m getting emails asking me to sign petitions THANKING her for, in essence, doing her job. Only in America! Let’s see! Section three of the 14th Amendment to our constitution couldn’t be any CLEARER. It’s straight forward that if you’ve taken an oath to defend the constitution AND you CHOOSE to participate in INSURRECTION or give “aid and comfort” to those who’ve participated in INSURRECTION, you’re INELIGIBLE to hold any office of any kind, federal or state, PERIOD! Full Stop!
So, why do we have to go out of our way to “thank” someone in elective office for simply “doing their job.” Well, the answer’s easy – there are very few office holders in America who are willing to do their job when it runs into/comes in conflict with Donald Trump. We all know the result. My guess is this Secretary of State is already facing DEATH THREATS from the unhinged MAGA “faithful” and, likely, Trump is egging them on – with his mob style rhetoric where he can’t be held accountable in case one of his “deranged” supporters might happen to do something really naughty. Our TWICE IMPEACHED so-called two time popular vote LOSING (ex) president facing 91 FELONIES likes to code his words in “dog whistles” and my guess is he’s already doing it toward this lady who’s simply doing her job.
Of course, Colorado’s Supreme Court sent the first “salvo” in the attempt to get Trump thrown off the ballots – well, at least in Colorado. Now Maine! Who’s next? I have to add, from what I’ve read, even the “progressive” legal experts I’ve listened to – and there are many – it seems almost unanimous they think the Supreme Court will find a way to overturn these two decsions – both based on “state’s rights” and a “textual” reading of the constitution (which is what Court conservatives claim to “hold dear,”) And, trust me, I’m with them. I’ve been watching the SCOTUS make politically charged decisions since AT LEAST 2000. So, the only thing which will be surprising is how they go about violating their own principles.
But let’s take a look at the actual definition of insurrection and then compare it to Trump’s own words – From the American Heritage Dictionary:
- The act or an instance of open revolt against civil authority or a constituted government.
- A rising up; uprising.
- The act of rising against civil authority or governmental restraint; specifically, the armed resistance of a number of persons to the power of the state; incipient or limited rebellion.
So, if you’ve been paying attention you know Trump continues to (the “Big Lie”) say the 2020 election was “rigged.” Even though there’s been NUMEROUS members of his own administration who’ve pointed out he was told there was virtually NO “fraud” in the 2020 election which could change the outcome. He knew he LOST. He LOST over 60 lawsuits. He just is unable to accept reality due to what appears to be the fact he’s a narcissistic sociopath (alleged). However, that certainly does not mean he’s not culpable for the attack on our nation’s Capitol Building on January 6th, 2021 – which according to the above definition was an “insurrection.”
Of course Trump has been continually attempting to avoid accountability for his participation in that INSURRECTION. His own words are stuck in my head: “We have to go the the Capitol and fight like hell. If you (talking to the mob) don’t fight like hell you won’t have a country anymore.” Obviously, his followers took his words literally and the result was Trump watching (proudly) as his supporters attacked the Capitol and Metropolitan Police officers (in response to his call to action) injuring over 140 of them leading to (I believe) the DEATH of three of them. The Police officers were attacked with a variety of weapons and a torrent of disgusting verbal assaults (especially the African American officers).
Trump watched the INSURRECTION he had incited on TV in the “White House” for something like 3 hours – even sending a “tweet” to his supporters that “Mike Pense didn’t have the courage to do what should have been done” as his supporters were chanting “Hang Mike Pense” – they had actually constructed a gallows on the Capitol grounds. Reports are that when Trump was advised his VP was in danger his response was “He deserves it.” Since then, as I said above, Trump has been doing everything he can to avoid accountability – including running once again for president in 2024 as a “get out of jail free card.”
Those of us who’ve been watching this process – meaning the indictments Trump is facing, including four FELONY charges relating to the January 6th INSURRECTION – play out, and who want to see Trump face a jury of his peers regarding his actions after the November 2020 election culminating with the attack on the Capitol prior to the 2024 election – people like me – are confident he’s GUILTY as charged. (I guess I’d be a bad person to sit on the jury) I’ve read MOST of the books pointing out what happened (including recently Cassidy Hutchinson’s book) and the evidence is, in my view, overwhelming Trump belongs in jail.
To be clear, his own words are sufficient to, it seems to me, make the case regarding the 14th amendment issues. I actually heard/saw Trump say the following (on TV) which actually proves his “intent” to overturn a “free and fair election” – “That’s right!! Mike Pence failed us. Actually, what they are saying, is that Mike Pence did have the right to change the outcome, and they now want to take that right away,” Trump added in his statement. “Unfortunately, he didn’t exercise that power, he could have overturned the election!” He said these words in response to the Senate proposing legislation to amend the Electoral Count Act of 1887 to ensure no Vice President (in the future) could entertain the option of overturning an election (that would include Kamala Harris, by the way) – Trump apparently was thinking the fact Senators felt the need to make it clear Pense’s constitutional role was ceremonial only – proved the two of them COULD have “overturned the election” of November 2020.
So, I refer back to the definition of INSURRECTION – “The act or an instance of open revolt against civil authority or a constituted government.” Did he or didn’t he? To me, the evidence is irrefutable – HE DID! participate in INSURRECTION. Full Stop! Do I expect the Supreme Court to agree with Colorado’s Supreme Court and barr Trump from the ballot in the upcoming election. Of course not. They will find a way to say section 3 of the 14th amendment to the constitution doesn’t say what it actually says – which is:
“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.”
To me, if you’re a “textualist” as the “conservative” members would have us believe (they are overturning one precedent after another because of what they refer to is the actual “text” of the constitution) it couldn’t be clearer Trump SHOULD be disqualified from holding ANY office in ANY state or the federal government because he’s an INSURRECTIONIST – by his own words and the “text” of the definition of INSURRECTIONIST and Section 3 of the 14th Amendment.
Here’s my prediction: Judge Thomas, who by all accounts SHOULD recuse himself from this case – after all, his wife was a participant in the attempt to overthrow the 2020 election by (allegedly) participating in the “fraudulent elector” scheme – but, he won’t. Also, I expect Judge Gorsuch to reverse himself – in regard to a ruling he made when he was on the Court of Appeals overseeing Colorado (they mentioned his ruling in the majority opinion of Colorado’s Supreme Court ruling Trump SHOULD be disqualified). In 2012 concerning a challenge to a person’s claim of eligibilty to run for president Gorsuch wrote: “it is ‘a state’s legitimate interest in protecting the integrity and practical functioning of the political process’ that ‘permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office.”
Just as I expect Judge Thomas to reverse himself in the upcoming challenge to the “Chevron doctrine” (I’ll write more about that later) I expect Gorsuch to find a “creative” way around his own words/decision just over 10 years ago. This court has proven itself to be nothing more than right wing Puppets who are controlled by the billionaire/corporate oligarchs who are attempting to wrest control of America from “we the people.” John Roberts will go down in History as one of the WEAKEST Chief Justices to ever be in that important positions. The CORRUPTION of members of his court – likely including him via the connections of his wife – is, to me, sickening.
Selfishly, I don’t have too much time on this planet, and it grieves me to watch what this court is doing to the established precedents which helped to “make this country great.” We have a long way to go, but the beauty of the constitution is that it’s a “living document” which has been able to evolve over time getting us closer to the original ideals (which I have to add were written down by slave holders). We’ve come a long way in my lifetime and we’re witnessing a concerted attack on America’s late 20th century and 21st century progress – and, much of these gains have been painstaking – especially for those Americans who are part of “minorities.” That is, not “White Anglo Saxon Protestent.” The Roberts Court is attempting to “turn back the clock.” How will they jusify Trump’s INSURRECTION?
Final Thought: Not only is Trump facing 4 CRIMINAL indictments but his, like a true sixth grade bully, attacking our court system as he’s facing – in the words of Bernie Sanders – YUGE civil penalties. Likely over $250 BILLION in the New York Fraud trial plus, who knows how much in punitive damages, likely MORE than Rudy Giuliani was fined, in the E Jean Carroll trial. Trump chose to sit in the court, challenge the judge’s authority, and continue DEFAMING Ms. Carroll from inside the courtroom where the entire purpose is to determine the amount of damages. Is that STUPID or what. Plus, by all accounts his attorney is in way over her head. The judge has had to instruct her on – get this – how to introduce evidence. I believe he used the term “courtroom 101.”
I decided to do a little “checking” and discovered Trump, who will likely appeal whatever the verdict is (meaning the amount he owes Ms. Carroll) PLUS will appeal the verdict in the Fraud Trial. I thought, “can he do that and simply not pay any money until after he pushes an appeal out for – maybe – years?” (Putting the liability on his children) Well, what I discovered is Trump will have to post a bond, secured by real property, in the amount of any judgement he owes PLUS the anticipated interest which will accrue during the appeal as a requirement to appeal the verdicts. It’s not hard to imagine he’ll have to post a bond in the amount of $500 MILLION (the interest in New York on an unpaid judgement accrues at – only – 2% per annum) plus at least a couple MILLION to cover the interest if it appears he’s going to be able to stall the payment a couple of years. Stay tuned….