Trump 14th Amendment Eligibility Cases

[Reality Check]

I tired to watch this but the audio is just awful. You can hear the lawyer and the the videos they were playing but not the witness or the Judge. The first witness seemed to be a Metro policeman and they played a lot of his body cam video from January 6. I tried Reuters but they were streaming the same feed.

This court must have just set up video for this hearing or something.

[poplove]

Lawfare has launched the Trump Disqualification Tracker:

https://www.lawfaremedia.org/current-pr ... on-tracker

[Volkonski]

Donald Trump Handed Loss Within Minutes of Trial Starting

https://www.newsweek.com/donald-trump-h ... al-1839259

After the trial kicked off Monday, Judge Sarah Wallace quickly rejected an effort from Trump's legal team to have her recused from the case, the Associated Press reported.

Trump's attorneys had filed a motion calling for Wallace to recuse herself from the case due to an alleged $100 donation to the Colorado Turnout Project in October 2022. The PAC's website reads that it is focused on defeating Trump ally Representative Lauren Boebert and "electing Democrats across Colorado."

"The Colorado Turnout Project aims to prevent violent insurrections by addressing this problem at its source– if we vote out pariahs like Representative Boebert, we can turn CO Blue once and for all," the organization's website reads.

Wallace, appointed by Democratic Governor Jared Polis, declined to recuse herself. She said she does not remember that donation and has no preconceptions about the issues at stake.

"I will not allow this legal proceeding to turn into a circus," Wallace said as the hearing began, the AP reported.

[Reality Check]

CREW Xeet on the the hearing yesterday.
https://x.com/CREWcrew/status/1719157413868167485?s=20

[bob]

D.N.H. rules (like other courts) that Castro lacks standing (because he's not a serious candidate).

But also adds it is a nonjusticiable political question, i.e., the electors and Congress decide on disqualification. This contradicts the Colorado court's ruling.

In support, D.N.H. cited Robinson, a challenge to McCain's eligibility. And also Grinols (a Taitz case), Kerchner (Apuzzo's), Taitz's Mississippi follies, and Jordan (a lesser 2012 birther case from Washington State).

[Luke]

Still one of my favorite Fogbow jokes of all time:

A Legal Lohengrin
Sat Dec 29, 2012 5:05 pm

BTW, does anyone here know how "Grinols" is pronounced?

I pronounce it "Moron" with a silent "Grinols."

[much ado]

Yes, that was one of the best.

[p0rtia]

Lawfare has launched the Trump Disqualification Tracker:

https://www.lawfaremedia.org/current-pr ... on-tracker

Bumping this. Lots of cool stuff.

"Beginning with a case in Florida in February 2023, voters and advocacy groups have brought many Section 3 challenges in state and federal courts across the country, attempting to block Trump’s name from appearing on ballots for state primaries and caucuses before the national election begins. This page is intended to track which states have active Section 3 litigation to remove Trump from the 2024 ballot. At the bottom is a selected reading of Lawfare's coverage on the issue. Note that the procedural posture and legal theories behind these challenges vary greatly, and a dismissal in any particular action does not necessarily bar other challenges from being brought in that same state."

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[bob]

This isn't too surprising: the judge essentially ruled that, if the secretary of state has certified a candidate, then the local election board can't "investigate."

[raison de arizona]

[raison de arizona]

BREAKING: PRESIDENT TRUMP WILL REMAIN ON THE BALLOT IN ARIZONA!

The court case is over, the
@AZGOP
wins the day! As said by Chairman DeWit
@jeffdewitaz
“Republican voters will choose our nominee, not the Democrats."

If you want to win back the White House from the Biden regime and return it to Republican control, please chip in to help us secure the most important swing state in the country by clicking here: http://azgop.com/elephant-clubs

#AZGOP #WinBackTheWhiteHouse

[Rolodex]

But they're hearing this 14A case at the CO supreme court today.

[bob]

BREAKING: PRESIDENT TRUMP WILL REMAIN ON THE BALLOT IN ARIZONA!

The court case is over, the
@AZGOP
wins the day! As said by Chairman DeWit
@jeffdewitaz
“Republican voters will choose our nominee, not the Democrats."

Was wasn't said: It is was John Castro special, and the federal judge dismissed (like others before this) due to lack of standing.

Of course:

Castro alleges that he “will suffer a concrete competitive injury” in the form of “a diminution of votes and/or fundraising” if Trump appears on Arizona’s Presidential Preference Election ballot. (Doc. 1 ¶ 21.) “[A] candidate or his political party has standing to challenge the inclusion of an allegedly ineligible rival on the ballot, on the theory that doing so hurts the candidate’s or party’s own chances of prevailing in the election.” Drake v. Obama, 664 F.3d 774, 782 (9th Cir. 2011) (quoting Hollander v. McCain, 566 F.Supp.2d 63, 68 (D.N.H. 2008)). Because the injury unpinning competitive standing is the potential loss of an election, however, the plaintiff must genuinely be competing with the allegedly ineligible candidate. See Grinols v. Electoral College, No. 2:12-cv-02997-MCE-DAD, 2013 WL 2294885, at *8 (E.D. Cal. May 23, 2013). For example, a plaintiff cannot establish competitive standing merely by self-declaring as a write-in candidate, even though write-in candidates theoretically compete with those whose names appear on the ballot. Sibley v. Obama, No. 12-5198, 2012 WL 6603088, at *1 (D.C. Cir. Dec. 6, 2012). If a cognizable injury could be manufactured so easily, then “any citizen could obtain standing (in violation of Article III of the U.S. Constitution) by merely ‘selfdeclaring[.]’” Id.

[raison de arizona]

What a load of crap!

This was an actual comment made by Trump's lawyer today in the 14th Amendment case in Colorado as Trump's lawyers sought to challenge the definition of an insurrection:

Trump lawyer: Now you're gonna tell me, "Mr. Gessler, you're making it up." And I'm going to say, "Well so did the judge." And I'll say, "We're all sort of making it up at the end of the day."

► Show Spoiler

WOW.

Trump's lawyers in the 14th Amendment case in Colorado just argued that Confederate President Jefferson Davis would be able to run for president and that Democratic Party could "conceivably" nominate Obama for a third term.

[raison de arizona]

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https://www.washingtonpost.com/politics ... ry-ballot/

[bob]

Per this Reuters article, the SoSoME stayed her decision pending a ruling from the superior court (or the time to file an appeal has expired).

I presume this decision will be litigated (and quickly) in the state's courts (before heading to SCOTUS).

The aggrieved will now have to decision how much effort to put into chasing the failure-to-recuse argument.

[Whatever4]

Bwahahaha

[bob]

"For completeness," the SoSoME's decision.

There's some shade thrown at the aggrieved's lawyers. My favorite is when the aggrieved (somehow) wanted res judicata from the COAoCO's ruling, but the SoSoME presumed he would withdraw the request in the light of SCOCO's ruling.

A McCain birther challenge gets a shoutout in a footnote, but none of the greatest hits like we saw in Colorado.

[bob]

"Fun fact": Collins defeated Bellows (the SoSoME) in the 2014 U.S. Senate election. (Collins will be almost 73 when she stands for election in 2026.)

(And, yes, the Maine Legislature indeed elects the SoSoME.)

[Greatgrey]

"For completeness," the SoSoME's decision.

There's some shade thrown at the aggrieved's lawyers. My favorite is when the aggrieved (somehow) wanted res judicata from the COAoCO's ruling, but the SoSoME presumed he would withdraw the request in the light of SCOCO's ruling.

A McCain birther challenge gets a shoutout in a footnote, but none of the greatest hits like we saw in Colorado.

Yeah this.

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[raison de arizona]

Gotta txt from Kari Lake, she’s on it.

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[Resume18]

Gotta txt from Kari Lake, she’s on it.
IMG_6844.png

Oh look, a pair of losers.

[pipistrelle]

Gotta txt from Kari Lake, she’s on it.
IMG_6844.png

Oh look, a pair of losers.

Sore losers at that.

[bob]

ABC: Trump kept on California GOP primary ballot despite 14th Amendment call to remove him:

The Democratic lieutenant governor had called for him to be ruled ineligible.

California Secretary of State Shirley Weber has kept Donald Trump on the 2024 Republican primary ballot despite calls from the state's Democratic lieutenant governor to consider declaring him ineligible under Section 3 of the 14th Amendment.

Thursday was the deadline for Weber, also a Democrat, to certify the official candidate list for California's March 5, 2024, presidential primary election.

* * *

Weber has not yet issued an explanation of her decision to include the former president, despite acknowledging last week that she would address the legal questions surrounding the removal of Trump from the GOP primary ballot as requested by Lt. Gov. Eleni Kounalakis.

* * *

Responding to Kounalakis' request, Weber noted that because the issue is of particular concern to the public, she was obligated to address it within legal parameters and in the best interests of all California voters.

"It is incumbent upon my office to ensure that any action undertaken regarding any candidate's inclusion or omission from our ballots be grounded firmly in the laws and processes in place in California and our Constitution," Weber said.

The SoSoCA, like many other election officials, tends not to go looking to remove candidates. For example, when birthers sued the SoSoCA to remove Obama, the legal position (which prevailed in courts) was the SoSoCA had the discretion to investigate, exercised the discretion not to investigate, and that decision (to not act) is essentially unreviewable by the courts.

The SoSoCA is an independent constitutional officer who reports to ("We,") The People, and not to the guv'nor or lt. guv'nor.

SoSoCA's certifying the former president, however, now sets the stage for an interested party to sue for removal.

[raison de arizona]

Turnabout is fair play?

Of course tfg is a traitor though.

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