Fogbow

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.

Let's ask some questions about this language given current events:

1. Is the Presidency an "office . . . under the United States?" and is the President "an officer of the United States?" The answer, I think, is yes to both, though it's a contestable point. (My draft paper discusses this issue briefly, but now I'll have to go back and revise.)

2. If the President incited an insurrection, is that the same as having "engaged in insurrection" against the United States? This is a harder question that would require more thought about what insurrection meant in 1868, among other things. (Such as did he, in fact, incite an insurrection and was what occurred at the Capitol an insurrection?)

3. Is Section Three self-executing? Arguably not. Chief Justice Chase held on circuit in 1869 that Section Three is not self-executing. My draft paper criticizes his opinion, though, and I thought (before this week) that Section Three is self-executing.

If you answer any one of these three questions "No," then Section Three does not apply to the President action's on Wednesday. But if you answer all three of these questions "Yes," then you can reach this shocking conclusion: Donald Trump ceased to be President on January 6th. He is constitutionally ineligible to serve.

Mark Joseph Stern
@mjs_DC
Conservative, originalist law professors Will Baude and Michael Stokes Paulsen have a new paper out arguing that Section 3 of the 14th Amendment disqualifies Donald Trump from holding public office and that "the case is not even close." https://papers.ssrn.com/sol3/papers.cfm ... id=4532751

Conservative Case Emerges to Disqualify Trump for Role on Jan. 6
Two law professors active in the Federalist Society wrote that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office.

John BudayAugust 10, 2023 at 1:07 PM
The reality TV reference is no small part of the Trump debacle-lypse. Reality TV was born of the last writers strike and was the industries way to make money without paying the story tellers. So they created a formless entertainment that was all conflict all the time. And into that construct walked Trump to a ready made audience of anger junkies.
Somehow we have to get back to a story of us. This time one written for adults who can deal with horrible truths and not need a fantasy past to see a better future.
Goddamn Trump, fucking goddamn Trump, is poised to destroy our democracy largely because neither he or his following can really understand what democracy is.
We are under assault by angry, violent stupidity.

Former President Donald Trump’s legal defense fund went live on Sunday and, of course, it contained a glaring typo in the first heading.

“Support Donald Trumps Patriot Legal Defense Fund,” the site proudly declared, apostrophe omission and all (or maybe the fund aims to raise cash for all the Donald Trumps out there).

But perhaps more egregious than the grammatical goof are the legal boundaries that team Trump seems to be pushing with the fund’s overt ties to his 2024 presidential campaign.

The fund technically may not coordinate with the campaign on fundraising, since its existence as a legal defense fund allows it to skirt the Federal Election Commission’s campaign-finance rules. But clicking the “Donate Now” hyperlink sends users directly to Trump’s 2024 campaign website, where viewers are hit up front with donation requests. The only other link on the fund’s page also takes you to the campaign site.

Uninformed wrote: ↑Thu Aug 10, 2023 1:39 pm Thought this the best place to post. No idea about the veracity.

“Exclusive: A veteran FBI agent told Congress that investigations into Giuliani and other Trump allies were suppressed”
https://www.businessinsider.com/fbi-whi ... den-2023-8

Uninformed wrote: ↑Thu Aug 10, 2023 1:39 pm Thought this the best place to post. No idea about the veracity.

“Exclusive: A veteran FBI agent told Congress that investigations into Giuliani and other Trump allies were suppressed”
https://www.businessinsider.com/fbi-whi ... den-2023-8

raison de arizona wrote: ↑Tue Aug 15, 2023 9:43 am 19 INDICATED?! Oh my.

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RTH10260 wrote: ↑Tue Aug 15, 2023 10:13 am

raison de arizona wrote: ↑Tue Aug 15, 2023 9:43 am 19 INDICATED?! Oh my.

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Report presented on Monday? So the former guy will be moving into the WH by end of the week?

raison de arizona wrote: ↑Thu Aug 10, 2023 6:06 pm Somebunny woke up on the wrong side of the golden toilet this morning…
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Foggy wrote: ↑Tue Aug 15, 2023 3:58 pm Ooh, good one, Dr. Ken.

What if it's just a showing of 2000 Mules?