As we were all waiting for the preordained decision from the Supreme Court that insurrectionist Donald Trump could remain on the ballot in Colorado, we got some news we didn’t know would break today.
It feels like the threats to our Democracy increase daily. And the attacks on Biden by members of his own party aren’t helping. Let’s be united and pledge to do whatever it takes to keep that hateful man from the oval office.
I like how the SCOTUS is just kicking it back to the voters...which is how this mess started.
It's good knowing our nine alleged champions of justice would rather just sit around and drink beer all day than lift a finger to put out the flames consuming Rome.
I'm so pissed at the court I don't know whether to spit or shine my shoes.
I'm furious.
Their decision on the 14th section 3, “the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President.”. Telling us it's unenforceable unless congress passes a law is an affront to all thoughtful people.
Once again they have proven their fealty to trump.
I'm disgusted.
Do they think I'm so stupid as to not see the subterfuge?
I don't believe the members of the court are afraid of trump, I think they're high on their own supply. They truly believe they're above the law themselves.
They should be ashamed.
Now, more than ever, we need restraints on the court. They have run rampant over women's rights, indeed all of our rights. They refuse to hold themselves accountable ethically.
This is something out of a sci-fi dystopian future movie. Are we completely shakled by the court from this point forward? They have shown their stripes. They are partisan hacks, only there to enrich themselves and insulate themselves from the laws of this great nation.
I believe their actions are treasonous.
They have set the stage for the 2024 election and have given trump a green light.
I expect they will issue a weak tea opinion about trump's immunity that leaves us all speechless. Setting the stage for unrest. God help us.
We need to vote in such overwhelming numbers that there can be no doubt about the outcome.
addendum:
This ruling gives cover to the insurrectionists in congress, Cruz, Hawley, Brooks, Biggs, Greene, Perry, Loudermilk, et al.
They have the power to keep themselves from being removed from congress under the 14th sec 3, in direct contradiction to the reason it was enacted.
We need to vote in bigger numbers?? Really?? We know right now it doesn't matter. He has already said that if he doesn't win it was rigged! But we have to wait until another vote is taken in November?? ........... Really?? Hey people! .... we democrats really ARE as dumb as we look!!
While I may agree with your sentiment, the truth (to me anyway) is that Congress failed to do its Constitutional duty. I'm not a Constitutional scholar but I suspect Joyce and her peers would agree that SCOTUS cannot simply decide Trump is a bad person and remove him. I don't see that option anywhere in my reading of the Constitution. Since Congress failed to do its job, and left it to the Courts, my concern is how Trump is removed from office should he be found guilty in the Jan 6 court and not overruled by SCOTUS. Can a felon be barred from Executive Office, and if so, by whom?
Yeah there's failures up and down the row here and the entire point of a system of checks and balances is that when one bit screws up, the other can rescue it. Congress screwed up (by being complicit) and it was the court's job to correct that.
They can make whatever excuses they want but democracy is on the ballot and those traitorous twats know it. And they're voting against it. Unanimously.
Yeah maybe by the exact wording it was Congress's job but they didn't do it. That doesn't make it okay to KEEP passing the buck.
To “keep passing the buck” is not what Congress nor the U.S. Supreme Court is supposed to do. It is difficult not to feel discouraged as an unhinged tyrant seems determined to lead our country into chaos.
Of course I don't know for sure, but I choose to believe that when Trump goes to court in DC, is found guilty, goes through the appeal process and is affirmed, then to SCOTUS - then SCOTUS will affirm the guilty ruling. But then what? I simply believe SCOTUS cannot make that determination before the process plays out. Yes, messy and frustrating. Even worse, I feel SCOTUS will then have to send the Impeachment Process back to Congress. I say that because I don't know how the system works in a case like this, and it appears to me that it is still Congress' responsibility/duty. I'm not educated in Law. Perhaps one day Joyce will write something that gives a little guidance.
That you even feel he will be found guilty is way more hope than I have right now. I'm expecting the clownfuckery in Willis' trial will either get it mistrialed or starting over with a new prosecution in 2025 (haha).
Seems like everyone who can throw in with him for their own chance to be thrown under a bus by the Oompa Loompa himself is racing to do so.
Being able to read the U.S. Constitution is no longer good enough, the self absorbed history and language experts we pretend are our Supreme Court need to interpret it for us, kind of like what protestants didn't want any more from the Catholic Church and their Latin. With an utterly corrupt Supreme Court, the interpretation can be most directly stated as "If Republicans don't win, the system's gotta go.". When anyone questions the U.S. Supreme Court being granted Constitutional power to 'remove' someone, remember all this Colorado case was about was removing a candidate from ballots, not removing a member of the U.S. executive or congress from office. Legal experts like Tribe have clearly stated how the Amendment is self-enacting, meaning that those people disqualified due to insurrectionary acts are certainly not permitted to be voted in and take office. That applies to Trump and Pence and the Congress Critters we all know on sight. Don't ask if our court system can remove a name from a ballot: we already know they can and have. Ask instead why Congress is not removing insurrectionists from their ranks. But, we all know why.
Yours is an argument I hope will be played out and affirmed one way or another. I may disagree with you about the 14th, as I interpret it differently, but I agree with you as to the outcome. I will maintain my position that it was the responsibility of Congress, not SCOTUS, to impeach Trump and prevent him from running again. Congress clearly stated the courts could determine Trumps fate, and I think we should let the system do its job even as I may not like the way it is progressing.
TBH, a Colorado court decided tRump is a "bad person", and under §3/14th A an oath-breaking insurrectionist is ineligible to hold office, i.e., be on the ballot. CO Supreme Court affirmed the lower court ruling. Scotus did NOT dispute the finding of fact, but rather the execution, saying in effect that a state cannot enforce §3, only Congress can.
None of this makes any sense: common, logical, or jurisprudential. 14/3 WAS approved by Congress and the people ratified it. How many times do they have to do it? Moreover, the same section says that a 2/3 vote of Congress can waive the disqualification. If Congress needed a separate piece of legislation to enforce the disqualification, why would the drafters not have included it in Section 3?
Looking at the full structure of the Constitution, consider the Voting Rights Act adopted by Congress to enforce the 15th Am. This court has been quite content to eviscerate the Act and to allow states to disenfranchise voters by political gerrymandering and by adopting all manner of legislation to suppress the ability and right of voters to vote. In defiance of any logic this court now rules that states cannot follow the eligibility requirements set out in the Constitution. Can someone explain what is so different in the language and structure of the 14th and 15th Amendments to allow for the dichotomy the court has created?
I agree, Lance. I have to wonder though, if all 50 states, or even 39, found Trump ineligible, would SCOTUS then be able to say there was enough support (as in a Constitutional convention rather than Congress) to remove Trump from the ballot? Is there some secret language in their ruling that gives us a pathway to accomplish what Congress clearly lacks the fortitude to do.
During Trumps 4 years in the WH (note: not using the term "presidency ") I frequently contended that the reason there is no specific law against a person taking a crap in the Lincoln Memorial Reflecting Pool* is that no one thought it was necessary. Who, other than a child, would do such a thing? Donald Trump would.
But now, to write a law forbidding such behavior would only be enforced upon persons other than Trump and his lapdog.
Sadly, I can see numerous instances where where there were no specific laws or legislation set out to address behavior that was childish or unfathomable due to common sense and civic observance.
Well said! This upcoming election is about DEMOCRACY VS Autocracy! It's not Dem vs Reug. Our lives are at stake! Vote for Joe Biden to save Democracy and our Freedoms! Dems Unite!
2020 was actually a close election. Biden's victory wasn't indisputable. 44,000 votes in 3 swing states, Georgia, Arizona and Wisconsin would have tied the electoral college.
We need to abolish the electoral college, as it gives red states an advantage. The popular vote wasn't that close.
That's kind of my point. "Showing up in indisputable numbers" got us disputed. Repeatedly. That rallying cry fell short last time. We need to aim higher or something.
And the Electoral College is an enlightened system so that our livestock can vote too. How else would we keep electing snakes, chickens, and sheep?
I really don't think Trump would believe ANY number put out there from ANY election! He has already said that if he doesn't win, the whole thing is rigged! We didn't know how to deal with this man before and we still don't. Don't tell me money doesn't talk. It always has and obviously it will continue. What do you call a man like Trump? He is like the "Godfather" -- He's a "Teflon don", and NOTHING can touch him because nothing sticks!!!
It seems that the Members of the Supreme Court are too afraid of Treacherous-treasonous-traitor-Trump's crazed followers to do their jobs properly. If they are so afraid that they cannot follow the law, they should resign. I am hoping that the judge Kaplan finds against Trump the day before the judgement to E. Jean Carroll is due. I also want to say, with Trump taking over the Republican National Committee campaign funds, he may end up cutting everyone else off of vital monies needed for their campaigns to be successful! More power to fewer Republicans in Congress and local offices.
Given how afraid some of them were when women were protesting their abortion verdict, and how they beefed up security around the court, I suspect at least some of them are afraid. I agree they should be ashamed, but I don't think it is entering into the equation. Warped values, power, and grift enter into it.
Last night, after reading the SCOTUS decision, my retired husband said he was “ashamed” to be an attorney. “Ashamed” he repeated. This is a man who practiced employment law for over 40 years with integrity, admired by his peers for his vast wellspring of knowledge. He made a point though, that if the oathbreaking insurrectionist had been thrown off the ballot in Colorado, southern states could try the same with Biden. We are both completely disgusted that Thomas did not recuse himself, his wife Ginny also being an insurrectionist.
The Roberts Court continues to play its part in the Republican Party’s crucible to overthrow the constitution, and attain a new level of ignominy and infamy for the court far out passing The Taney (Dred Scott) and Fuller (Plessy) Courts.
Roberts began his constitutional assassination by eviscerating the Voting rights in Shelby County, emasculating Article 4 §4, with Citizens United, and declaring Article V, the amendment article, as invalid. Article V states, “ The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;(emphasis added) Congressman John Bingham from Ohio, Sen Thaddeus Stevens from Pennsylvania and Senator Charles Sumner of Mass., were the principal architects of the 14th Amendment and they scrupulously followed the rules of Article V. Our constitution is not a code and as such does not break down every Article and Amendment in detail, but relies on an honest and deliberative democratic congress to act fairly on behalf of all of the people in the United States.
Today, Robert’s court apparently did not believe that Article V applied to the 14th Amendment, I don’t care what they said or how they attempted to justify it. However, they did toss us a solid gold bone when they specifically said, “We conclude that States may disqualify persons holding or attempting to hold state office.” (page 6) In other words, all of the Republicans who serve or want to serve in a state legislature or hold another state office can be disqualified under the 14th Amendment §3, the insurrection clause. The Supreme Court has given us the opportunity to eliminate numerous Republican seats in State Legislatures by their specific ruling today! We need to take advantage of this ruling. I intend to test that ruling by here in Pennsylvania against Republican legislators who signed and/or cooperated with the National Republican Party’s fake elector scheme, supported the Texas’s action to challenge the Pennsylvania right to hold our own election, and conspired to disenfranchise their own voters. Moreover, at a meeting here in Gettysburg Pa., on November 25, Trump, acting in concert with and facilitated by Jenna Ellis and Rudy Guiliani conspired with the Pennsylvania Senate Republican Policy Committee five days after Judge Brann threw out Trump’s challenge to the Pennsylvania vote to overthrow the election.
All of the arguments, legal briefs and Amici Briefs that were filed in the official record in an attempt to keep trump off the ballots in the states, can be used against Republicans to throw them off of the ballots for primary or general elections for the same reasons. Even using Trump’s own words. In every state where Republicans used nefarious schemes to unlawfully throw out election results for President and somehow not entirely throw out the whole ballot in which the Republicans would have voided their own elections, as well as other down ballot candidates. The crime is Conspiracy and conspiracies do not have to be successful to be charged. (Anderson v. U.S.) 417 US 211, 1974. It is enough that two or more persons agreed to commit the act as noted in Anderson to interfere in an election. We should bring state charges, commensurate with the Federal Conspiracy charge at 18 USC 371, to keep out of Article III Courts. SCOTUS has ruled and Article VI , the supremacy clause, prevails at every level of state court, including any State’s Supreme Court.
I believe there are several reasons not to be afraid of Trump and his sycophantic minions.
1) The modern version of tabloid journalism is alive and well with what is commonly referred to as “social media”. These people were and still are the people who support The Star, The Globe, the National enquirer and the like. These tabloid publications are full of equal parts lies, a splash of half-truths, and equally generous portions of just plain ignorance, stupidity, and nonsense. They only appeal to each other and as surly as night must follow day they will tire of the repetition and as stupid ignorant people are wont to do, will become bored and will move on to the next salacious and scatological diversion; like Trump’s trial with a porn star.
2) Statistics, for instance Michigan has a population of a little over ten million people upon which dictates the number of representatives (electoral votes) Michigan is allotted. There are a total of seven million, seven hundred twenty one thousand, and four hundred and eighty two total registered voters. Democratic voters with uncommitted and others totaled 767,851, and for Republicans 1,114,151 with uncommitted and others, for a total number of voters 1,882,002 who showed up to vote. .099443 or about 10% for Dems and .144292 for Republicans, about 15% of the TOTAL NUMBER OF REGISTERED VOTERS out of almost 8 million. The mass media played up the big numbers of 81% for Biden and 68% for Trump. I think the important number is that only about 25% of voters or 0.0182 % approx. 2% of the total population of the entire state is making a decision for ten million people.
The results for South Carolina are similar. Out of 5.5 million residents, and 3.25 million registered voters only a little over 800 thousand registered voters turned out in toto for percentage of approx., .246153, almost 25% of registered voters and .148148, approx., 15% of the total population of South Carolina. In Michigan and South Carolina almost 75% of the electorate stayed home. Lots of room and time for people to settle down and between now and November. I believe these are the important numbers for us to know and not the inflated numbers portrayed by the mass media attributed to one particular candidate.
3) Trump may suffer a medical disaster or some type of misadventure, end up in jail or worse—he has managed to insult just about every special interest group, women, handicapped, veterans, secret service, CIA, FBI, not to mention foreign friends, all who have plenty of time to “intervene” on behalf of their own special interests.
4) An aggressive use of the Supreme Court’s ruling today in which states may disqualify persons holding office or attempting to hold state office, are vulnerable to the 14th Amendment §3 Insurrection Clause. Effective use of this tool could dramatically impact the make up of the house and senate of every state and put the brakes on some of the pending anti voting legislation. It would also help if enough states used the tactic to gain control of the state legislature to ratify a constitutional amendment. Simply stated we should elect every Democratic and Independent candidate we can for every office at every level to elect a majority in the state and federal legislature to impeach and convict all of the Mitch McConnell and Leonard Leo Republican members of the Supreme Court in order to overrule all of the violence done to voting rights, women, etc., and Trump, if he wins the election.
Part of my legal complaint and the banner which will I place at the top of my soon to be launched online paper every day until the election, is provided thru the courtesy of Jonathan Karl, quoting a high ranking Trump White house official,
The above citation describes in detail the character of the man that the Republican party wants to follow and obey. He is an adjudicated liar, cheat, thief and sexual pervert and has created a Republican Party that has devolved into a sadistic, terroristic amalgam of political usurpers who want to kill our country, our government and as of Jan 6, 2021, us.
Valeare - you and everyone else here should start NOW to make a plan for rounding up the largest number of [Democratic] votes on Election Day. When is it in your state? When does early voting start? Whom can you take with you to the polls? Whom can you encourage to vote early, by mail, etc? What protections are there against folks challenging early votes? If you start studying for this "exam" now, you and everyone else can be prepared.
Thank you. I’ve been studying for the ‘exam’ during the 25 years I sat on the board of a state league of women voters (we were able to establish vote by mail) and other efforts initiated by the US League of Women Voters. Besides that 25 year spree, I have been strongly engaged with League in three other states. I grew up sitting on my mother’s lap from the time I was a drooling baby as she attended league meetings - so knowing the privilege and responsibility of voting was established early on for me. It didn’t stop there by the way. League board members cannot work in campaigns but my childhood and now as an adult
has always been filled with local board attendance and fund-raising including charity auctions to raise money for League. I ran a policy center at a Research One University where I into the data as to why voter turnout has been so historically low. There are not a lot of well done reviews, but it is clear from the data that apathy abounds and that is not new to 2024. In years where it has mattered significantly (Obama, 2098), we’ve seen some bumps in turn out. But largely the low turnout historically has been from apathy (as a result of voter suppression and opinions that folks elected may not have been corrupt, but ‘corruptible’). Those who have kept their integrity after being elected are the exception. The Republicans have done their best to suppress voter turnout by gerrymandering and other tactics. I have spent most of my time since Trump announced November 15, 2022 (three days prior to Jack Smith’s appointment as special counsel, which Trump knew was coming) engaging with black and Hispanic populations and Gen Z and millennials. The votes of young folks will make the call in this election: to keep Trump out, not because they are happy dancing over Biden. On November 5, as we say ‘we did it’ with a Blue presidential win as well as Blue bicameral Congress, I hope you will realize that the journey to take back our democracy has just begun. We need to correct the gerrymandering; we need to work for vote by mail in every state; we need to reinstate the rights we have lost during the reign of the right wing Christian nationalists in Congress (Dobbs, affirmative action); the 2010 Citizens United case; as well as the ‘influenced’ SCOTUS and who have their sights set on marriage equality. We have at a minimum twenty years of reversing the damage ahead of us with plenty of trips to the polls (and hopefully the mailbox). So no worries, I am on board with my/our plan. And have been for decades. By the way, I have ‘shelved’ only one ‘red’ friend among hundreds since the events of Trump’s 2020 loss. This individual was too instructive about how I needed to ‘save my self through Jesus.’ I wondered which one she had in mind: and I suspected it was the orange one. I’ve distanced myself from her. Everyone else is welcome in my camp because I realize they are watching me as I don’t try to ‘change’ them. That’s the beauty of choice (the basis of democracy is choice by the way. If we want it for ourselves, we have to extend it to others). Miles to go before November 5!
Frankly, I don't think "the Republican party wants to follow and obey" Donald Trump. What they want to do is once again install their proven useful idiot as President. Once they do that they will install/infiltrate every nook and cranny of the government and install all of the Federalist Society approved quislings to turn this country into what they want. They just need a figure head they can twist to their way of thinking and do their whisper in the ear biding.
With all the real signs of dementia trump is now showing this is what their plan really is.
Thank you for posting the voter turn out percentages. Good luck with your daily paper and I hope many states will take opportunities to rid their legislatures of insurrectionist.
Here! Here! I hope the state attorneys general are listening to this. Get those insurrectionist state legislators out! Clean house from local to federal!
Kudos for the research! Phew, you must be exhausted! Agreed with the pseudo polling info released by media outlets. On this morning Today’s show, a hyperventilating minion, babbled on about respective party support for each person…. 81% of Biden’s still support him and 97% of Trump’s!!!??? As stated by previous commenters, trump received 60% of votes in SC!
So now 60% translates to 97%?? Riddle me that one, Batperson!
Thank you, Karl for your uplifting post. So, our sitting insurrectionist in Washington could return to a very hostile state if their grasp on state legislatures is suddenly diminished because a state legislator who participated in the insurrection can be removed from office, weakening the gerrymandering and blocking voter suppression. I’m also a resident of PA and I think our we are in a perfect position to remove 10 (yes!10!) insurrectionist who are seated at this time.
I would love to see Joyce's take on your comment. David Sea, further down in the comments, also pointed out that SCOTUS did comment that States can use 14.3 regarding those running for serving in state offices.
Pretty awesome post, Karl! The way to end people like Trump is to rid ourselves of those who choose to enable him. At the local and State level where voters have more opportunities and more say. Your referenced quote presented me the unfortunate image of a low rated TV drama. But we do seem to love our entertainment. Why DC and not Hollywood is past me.
The Constitution says an oath-breaking insurrectionist must be banned from a ballot and never to hold office...a five-Justice majority didn't want to throw tRump off the ballot, so...they didn't. "Textualism"? "Originalism"? Nah, how about "We decided we didn't want to boot the bastard per §3, so we confected an addendum to the 14th Amendment"...now, THAT'S "original"!
Kudos! If the department of Justice had acted in cooperation with the Jan 6 committee, the orange monster would be wallowing in the muck and mire at Guantanamo by now!
If Mitch McC had put loyalty to the oath he sore when taking a seat in the senate ahead of an insane lust for power, the amoral trump would be in Putin’s dacha cleaning out the livestock stalls!
Well, yes, of course, but effectively it has been treated in this particular case as keeping tRump off the ballot and running for office, which in fact is a synecdoche for "hold any office".
Thank you, Joyce, for this detailed explanation over the Court's decision in the 14th Amendment case. Though I am somewhat disappointed, I am also sort of glad because come November when 45 is decisively beaten at the polls, he will not be able to use the excuse that his name was withheld from the ballot.
XLNT question! I'd like to hear answers from Joyce, Barbara, Luttig, weisman and katyal. Great 2 hr program on MSNBC? I wish smartmatics had included several congressmen in their huge lawsuit; that would have removed several of them from congress.
Listening to Rachel Maddow last night, it seems plans are ALREADY in the works to appeal Trump’s loss should Biden win. There’s a lot of dirty stuff going on behind the scenes to make the case for Trump. I think we may look back at 2020 as a cakewalk compared to what’s coming. It worries me terribly. I think about the level of stress and anxiety we have all endured ever since Trump descended the escalator at the Trump Tower, and it isn’t over yet.
It is almost a surety that tRump will say it was stolen. The difference is that he will not be in office and our president, Biden, can do what is necessary to stop a Jan 6 repeat.
Well, of course he will, and I suspect many of his enablers in Congress will too. But I think most will simply tire of the nonsense and move on - unless of course they have another Trump in the wings somewhere. Heck, perhaps Speaker Johnson will try. We spend way too much energy on Trump when the enablers are the folks who need to be voted out. That can be done at the local/State level, just like you all suggest.
Tonight, I got to see you, Joyce, and Barb McQuade via YouTube, because you’re both in San Francisco promoting Barb’s book “Attack From Within”. It was a lively discussion (fun too) but also, I learned quite a bit about disinformation vs. misinformation. It was notable that you brought up the fact that Barb had been a journalist before becoming an attorney, and that the two of you had known each other for a long time.
I feel bad for us too but I also learned today that Trump is saying he can’t come up with the money to pay E Jean. You know what that means? He certainly hasn’t been able to secure a surety bond for the almost $500 million he owes in addition to what he owes to E Jean. And you know what that means? It means that Letitia James has every right to seize his properties. So let’s not flounder any further about the illegitimate court justices because they are not going to save us or toss us a life raft. We will have our say at the ballot boxes as we vote. November will be ours…I just feel it in my bones.
Yes, along with E. Jean Carroll’s attorney Robbie Kaplan and her team.
When Trump is booted to the curb on November 5, he will be of no use to either the crown Prince of Saudi Arabia or Putin. His financial empire and infusions from nefarious sources will be over. Now if we can only find ‘proof’ of the payments for our country’s secrets. Jared knows what he hand-carried to SA.
“It means that Letitia James has every right to seize his properties.” It will be interesting to see what the appraised value of those properties will be considering current low vacancies. Partly due to his “handling” of the Pandemic. People who cannot think about the long term consequences of their actions end up losing bigly.
I'm under the impression that unsavory aliens have investments in Trump's properties too. If so, seizing the properties might have cockroaches scattering everywhere.
Yes, the kind of real estate that he's involved with has many International "Investors" who are using those properties for all kinds of reasons that I don't even want to think about.
I feel very sad for our country today. Hopefully tomorrow and the days that follow will give me more hope. Maybe pictures of your chickens will make me feel better. Just saying.
Thanks Joyce, how can a criminal rapist run for president but a criminal released from prison cannot. The GOP selected judges are bent. They have given themselves to the devil for a paid excursion to hell!!!!
Good for the French. To those still thinking reasonably, we should, for once be following their example. It’s good to see the spirit of the Marquis de Lafayette is still alive.
Thank you again Joyce for your cogent analysis. As you say, there are aspects of this Supreme Court that need some serious ethics reforms.
What we have witnessed today is nothing short of a shocking abdication of judicial responsibility by the highest court in the land. In a ruling that will be remembered as a dark day in American history, five Justices of the Supreme Court have taken it upon themselves to reach far beyond the narrow question presented to them and instead, have chosen to issue a sweeping and unprecedented decision that will have profound consequences for the future of our democracy.
These five Justices, with a stroke of their pen, have effectively granted immunity to anyone who would seek to undermine the very foundation of our Constitution. They have sent a message, loud and clear, that insurrection against the United States will not be punished, that those who would seek to tear down our democratic institutions will face no consequences for their actions.
This is not just a matter of legal interpretation. This is a matter of moral courage, of standing up for the principles that define us as a nation. And yet, these five Justices have chosen to turn a blind eye to the gravity of the situation, to ignore the urgent warnings of their colleagues, Justices Sotomayor, Kagan, and Jackson, who have laid bare the dangerous implications of this ruling in their scathing dissent.
Let me be very, very clear: this decision is a betrayal of the trust placed in the Supreme Court by the American people. It is a betrayal of the sacrifices made by countless generations who have fought and died to defend our Constitution. And it is a betrayal of the very idea of justice itself.
Roberts is famous for having made a baseball analogy in his Senate confirmation hearing—"My job is to call balls and strikes and not to pitch or bat.” But with this case the majority went way beyond what was necessary to allow Trump to remain on the Colorado ballot. By deciding issues that were not even argued, the majority opinion effectively said: “Ball four, take your base! And, by the way, we hereby repeal the infield fly rule and declare catcher interference to be legal.”
Ex-Trump CEO Allen Weisselberg is taking another bullet for his boss. He is pleading to two felonies and is likely to spend more months in Riker’s jail.
Weisselberg for many years was the ‘money man’ for Donald and father Fred. He knows all the dirt about Donald’s financial finagling.
He refused to spill the beans on Trump earlier. Subsequently he has chosen jail rather than cut a deal with prosecutors. By contrast, Trump’s former attorney cut a deal with prosecutors that cost him years in jail and now will be a tarnished star witness in the forthcoming ‘hush money’ trial.
Before beatifying Weisselberg for his ‘loyalty’ to Donald, one should remember that Allen got a severance payment of $2,000,000 from Donald with the stipulation that Allen would not testify against Trump. These payments are scheduled over a number of years and could be stopped whenever Trump chose.
Wasn’t the fact that Weisselberg spent only five months in Rikers part of an already negotiated plea deal by Weisselberg’s attorney? Rikers is awful and more months there will be unpleasant, but months in jail for felonies instead of years is the result of two plea deals: this new one and the prior one that resulted in the first five month jail term. The $2 million payment from Trump was contingent on Weisselberg having to testify. So now that he has admitted he committed perjury the terms of his first plea deal go away. I may be wrong, but that’s the reason I thought he has to go back to Rikers. So far as Michael Cohen being tarnished, the judge has said he is a credible witness for the hush money case. The important issue is that Trump has lost credibility, he doesn’t have enough money to pay the bonds needed to appeal the penalties from the New York fraud trial and E. Jean Carroll’s case. For Trump, the most important issue is that he have an image of having money and now he’s losing (lost) that. He asked Judge Kaplan for more time to arrange money to appeal the E. Jean Carroll verdict and Judge Kaplan said he would decide but ‘not today.’ Trump is bleeding interest daily on that verdict amount. Our system of having the rule of law, and seeing someone like Trump, apparently not being convicted and jailed for a crime like insurrection (although he is innocent, until proven guilty in a court of law) frustrates folks. He has already received what is a worse punishment (for him) than jail: his image of being a billionaire is shot. I believe he will go to jail and spend the rest of his life there. However, right now, he is broke and broken. He has lost three trials (two with E. Jean Carroll and the New York fraud case) and he does not have enough liquidity l to post bonds to appeal the verdicts. He doesn’t have the cash he said he did. And E. Jean Carroll and her legal team need to be given credit for that. Trump can conjure any number of reasons for not paying Weisselberg. Whether Weisselberg is loyal to Trump, doesn’t matter a whit. Trump is not loyal to Weisselberg or anyone else. Any agreement he made to pay Weiselberg $2 million isn’t worth the paper it’s written on. The truth is, Trump is broke. He will be forced into another bankruptcy. He will be in jail soon enough, and he won’t be paying anyone from there. Weisselberg should negotiate any plea deal he can that shortens his potential jail time. He’s not going to get paid by Trump whether Trump promised $2 dollars or $2 million or $20 million. He’s going to get zero dollars from Trump. So he should just worry about his own get out of jail free card.
Warm thanks for such a comprehensive description of Weisselberg, Doofus Donald, Michael Cohen, and the financial circuses. At 3 a.m. I chose to be brief and am delighted with your fullness.
I appreciate your response. I was up ‘too late’ comforting an elder dog who was having troubled sleep (rescued Shiba Inu whom I adopted when a friend died two years ago) so checked Joyce’s Substack. I’m hoping I didn’t come off as someone who had definitive answers because I was posing responses to you as questions. Anyway, that was my intent. I’m truly not clear about any of the backstory with Weisselberg‘s pleas. The only thing I can say with any definitiveness is that Trump will promise till the cows come home, but he’s not paying a single penny of any of his promises. If Weisselberg gets a dime, he will be the rarity in Trump world. It sort of smells like an advance payoff; ie ‘you get paid to keep your mouth shut’ with the thin appearance of not wanting to break the law of an outright payoff so he threw in the part about ‘unless required by law. ‘ The $2 million severance matched a fine that Weisselberg paid fr a tax fraud trial. I am still hoping to get your take on that. Trump paid his legal bills, but I think I would opt for a public defender. I think they paid for defender is following Trump’s orders and not in Weisselberg’s interest.
Valerie Wasn’t that the case of the courageous lady who worked for Mark Meadows in the White House? (Hutchison??) Initially she had a Trump lawyer who was encouraging her to lie. Then she got her own lawyer and blew the roof off the White House.
Our 13 year old dachshund gets us up early in the morning. I am up in the middle of the night for other reasons.
My miniature Dachshund will be 15 in June. He got himself up at 5:15 AM every day, but then he goes back to bed until the crack of noon. We are in winter in my neck of the woods:)
Yes re Cassidy Hutchison, who testified at the January 6 hearings. Also, Trump tried to provide lawyers for the.Mara Largo crew - there was a special hearing where they were all provided the opportunity to have a separate attorney. One chose to do so (he was the fellow in charge of the security cameras, from which Trump wanted data to be erased). He is testifying against Trump.
As a non-lawyer this court often confuses me, but NEVER surprises me. The Section 3 decision came down just as I (and most everyone else) expected - the judges who claim to be "textualists" and "originalists" found a way to do more than "kick the can down the road" - they suggested the appropriate place to decide issues regarding "Oathbreaking INSURRECTIONISTS" is the Congress where "kicking the can down the road" is their modus operandi. To me, the way this SHOULD work is the issue begins in the state (see: Dobbs v Jackson Women's Health) and the Court decides for the nation. For example, in the case of Trump V Colorado (or whatever it's called) was Trump born in America (check) he is older than 35 (check) HOWEVER, Is he an "oathbreaking INSURRECTIONIST" (oops! if he is, he's OFF THE BALLOT because the TEXT of our Constitution has set the requirements for anyone who would seek to be our President - what's the saying? PERIOD, full stop! (It appears to me this court WANTS to sacrifice our republic to this "oathbreaking INSURRECTIONIST") While I was not surprised by this decision (including Thomas participating in it) I was a bit surprised by the Court granting "cert" (Thanks Joyce for teaching me that term) for the ABSURD claim that Trump is "absolutely IMMUNE" from facing justice for his CRIMINAL conduct. They've rewarded his STALLING tactics and, it appears to me, they don't understand that CAVING to this serial CRIMINAL is like giving their constitutional power away. If they're AFRAID of the backlash of them actually JUST ruling on the TEXT of the Constitution because of the Trump crazies - well, they're just putting off the inevitable and maybe some retirements are appropriate!
Lessons I have taken away from this ruling: 1) Justice Thomas has no grounds for arguing that he is worthy to be ruling on J/6 adjacent issues, 2) Ginni Thomas can apply for a job in a future Trump DOJ, 3) only an impeachment could have kept Trump away from the oval office a second time and the cards were dealt by Mitch McConnell and Leonard Leo to their eternal shame, and 4) Judicial Activism is alive and well.
It feels like the threats to our Democracy increase daily. And the attacks on Biden by members of his own party aren’t helping. Let’s be united and pledge to do whatever it takes to keep that hateful man from the oval office.
And it’s good to be in France today.
I like how the SCOTUS is just kicking it back to the voters...which is how this mess started.
It's good knowing our nine alleged champions of justice would rather just sit around and drink beer all day than lift a finger to put out the flames consuming Rome.
I wanted to repost this with an addendum.
I'm so pissed at the court I don't know whether to spit or shine my shoes.
I'm furious.
Their decision on the 14th section 3, “the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President.”. Telling us it's unenforceable unless congress passes a law is an affront to all thoughtful people.
Once again they have proven their fealty to trump.
I'm disgusted.
Do they think I'm so stupid as to not see the subterfuge?
I don't believe the members of the court are afraid of trump, I think they're high on their own supply. They truly believe they're above the law themselves.
They should be ashamed.
Now, more than ever, we need restraints on the court. They have run rampant over women's rights, indeed all of our rights. They refuse to hold themselves accountable ethically.
This is something out of a sci-fi dystopian future movie. Are we completely shakled by the court from this point forward? They have shown their stripes. They are partisan hacks, only there to enrich themselves and insulate themselves from the laws of this great nation.
I believe their actions are treasonous.
They have set the stage for the 2024 election and have given trump a green light.
I expect they will issue a weak tea opinion about trump's immunity that leaves us all speechless. Setting the stage for unrest. God help us.
We need to vote in such overwhelming numbers that there can be no doubt about the outcome.
addendum:
This ruling gives cover to the insurrectionists in congress, Cruz, Hawley, Brooks, Biggs, Greene, Perry, Loudermilk, et al.
They have the power to keep themselves from being removed from congress under the 14th sec 3, in direct contradiction to the reason it was enacted.
Apparently storming the Capitol isn't an insurrection so storming SCOTUS definitely isn't.
Just saying.
It's a real shit show. Letting the inmates run the asylum.
That is the one question they did not challenge, in fact they said he was an insurrectionist.
We need to vote in bigger numbers?? Really?? We know right now it doesn't matter. He has already said that if he doesn't win it was rigged! But we have to wait until another vote is taken in November?? ........... Really?? Hey people! .... we democrats really ARE as dumb as we look!!
And what are you proposing?
While I may agree with your sentiment, the truth (to me anyway) is that Congress failed to do its Constitutional duty. I'm not a Constitutional scholar but I suspect Joyce and her peers would agree that SCOTUS cannot simply decide Trump is a bad person and remove him. I don't see that option anywhere in my reading of the Constitution. Since Congress failed to do its job, and left it to the Courts, my concern is how Trump is removed from office should he be found guilty in the Jan 6 court and not overruled by SCOTUS. Can a felon be barred from Executive Office, and if so, by whom?
Yeah there's failures up and down the row here and the entire point of a system of checks and balances is that when one bit screws up, the other can rescue it. Congress screwed up (by being complicit) and it was the court's job to correct that.
They can make whatever excuses they want but democracy is on the ballot and those traitorous twats know it. And they're voting against it. Unanimously.
Yeah maybe by the exact wording it was Congress's job but they didn't do it. That doesn't make it okay to KEEP passing the buck.
To “keep passing the buck” is not what Congress nor the U.S. Supreme Court is supposed to do. It is difficult not to feel discouraged as an unhinged tyrant seems determined to lead our country into chaos.
Of course I don't know for sure, but I choose to believe that when Trump goes to court in DC, is found guilty, goes through the appeal process and is affirmed, then to SCOTUS - then SCOTUS will affirm the guilty ruling. But then what? I simply believe SCOTUS cannot make that determination before the process plays out. Yes, messy and frustrating. Even worse, I feel SCOTUS will then have to send the Impeachment Process back to Congress. I say that because I don't know how the system works in a case like this, and it appears to me that it is still Congress' responsibility/duty. I'm not educated in Law. Perhaps one day Joyce will write something that gives a little guidance.
That you even feel he will be found guilty is way more hope than I have right now. I'm expecting the clownfuckery in Willis' trial will either get it mistrialed or starting over with a new prosecution in 2025 (haha).
Seems like everyone who can throw in with him for their own chance to be thrown under a bus by the Oompa Loompa himself is racing to do so.
Being able to read the U.S. Constitution is no longer good enough, the self absorbed history and language experts we pretend are our Supreme Court need to interpret it for us, kind of like what protestants didn't want any more from the Catholic Church and their Latin. With an utterly corrupt Supreme Court, the interpretation can be most directly stated as "If Republicans don't win, the system's gotta go.". When anyone questions the U.S. Supreme Court being granted Constitutional power to 'remove' someone, remember all this Colorado case was about was removing a candidate from ballots, not removing a member of the U.S. executive or congress from office. Legal experts like Tribe have clearly stated how the Amendment is self-enacting, meaning that those people disqualified due to insurrectionary acts are certainly not permitted to be voted in and take office. That applies to Trump and Pence and the Congress Critters we all know on sight. Don't ask if our court system can remove a name from a ballot: we already know they can and have. Ask instead why Congress is not removing insurrectionists from their ranks. But, we all know why.
The 14th Amendment, Sec 3 is as clear as day and the Justice refused to take on the responsibility and uphold it.
Yours is an argument I hope will be played out and affirmed one way or another. I may disagree with you about the 14th, as I interpret it differently, but I agree with you as to the outcome. I will maintain my position that it was the responsibility of Congress, not SCOTUS, to impeach Trump and prevent him from running again. Congress clearly stated the courts could determine Trumps fate, and I think we should let the system do its job even as I may not like the way it is progressing.
TBH, a Colorado court decided tRump is a "bad person", and under §3/14th A an oath-breaking insurrectionist is ineligible to hold office, i.e., be on the ballot. CO Supreme Court affirmed the lower court ruling. Scotus did NOT dispute the finding of fact, but rather the execution, saying in effect that a state cannot enforce §3, only Congress can.
None of this makes any sense: common, logical, or jurisprudential. 14/3 WAS approved by Congress and the people ratified it. How many times do they have to do it? Moreover, the same section says that a 2/3 vote of Congress can waive the disqualification. If Congress needed a separate piece of legislation to enforce the disqualification, why would the drafters not have included it in Section 3?
Looking at the full structure of the Constitution, consider the Voting Rights Act adopted by Congress to enforce the 15th Am. This court has been quite content to eviscerate the Act and to allow states to disenfranchise voters by political gerrymandering and by adopting all manner of legislation to suppress the ability and right of voters to vote. In defiance of any logic this court now rules that states cannot follow the eligibility requirements set out in the Constitution. Can someone explain what is so different in the language and structure of the 14th and 15th Amendments to allow for the dichotomy the court has created?
I agree, Lance. I have to wonder though, if all 50 states, or even 39, found Trump ineligible, would SCOTUS then be able to say there was enough support (as in a Constitutional convention rather than Congress) to remove Trump from the ballot? Is there some secret language in their ruling that gives us a pathway to accomplish what Congress clearly lacks the fortitude to do.
During Trumps 4 years in the WH (note: not using the term "presidency ") I frequently contended that the reason there is no specific law against a person taking a crap in the Lincoln Memorial Reflecting Pool* is that no one thought it was necessary. Who, other than a child, would do such a thing? Donald Trump would.
But now, to write a law forbidding such behavior would only be enforced upon persons other than Trump and his lapdog.
Sadly, I can see numerous instances where where there were no specific laws or legislation set out to address behavior that was childish or unfathomable due to common sense and civic observance.
Well, too late now.
The court didn't kick it to us. They kicked it to the electoral college.
SCOTUS did lift a finger. The middle finger to lady justice.
Indeed, but I doubt it is beer, probably very good wine or liquor.
I feel like our democracy is a brakeless car careening down a mountain road, and the court has just disabled the steering.
The steering has been loose for quite a while
Yes 🙌 do you know if they decided to keep the word “guarantee” or not? Abortion or voluntary interruption of pregnancy is a guaranteed right….
Well said! This upcoming election is about DEMOCRACY VS Autocracy! It's not Dem vs Reug. Our lives are at stake! Vote for Joe Biden to save Democracy and our Freedoms! Dems Unite!
IOW, “its time to circle the wagons”
It's time to vote in such overwhelming numbers the outcome cannot be disputed.
Yeah we tried that in 2020. That's how this insurrection thing got started.
2020 was actually a close election. Biden's victory wasn't indisputable. 44,000 votes in 3 swing states, Georgia, Arizona and Wisconsin would have tied the electoral college.
We need to abolish the electoral college, as it gives red states an advantage. The popular vote wasn't that close.
That's kind of my point. "Showing up in indisputable numbers" got us disputed. Repeatedly. That rallying cry fell short last time. We need to aim higher or something.
And the Electoral College is an enlightened system so that our livestock can vote too. How else would we keep electing snakes, chickens, and sheep?
Only about two thirds of the electorate turned out for the 2020 election. That number needs to increase.
I'd like to see upwards of 75% voter turnout.
We outnumber them, we need to use that power.
Do not discount cussedness.
I really don't think Trump would believe ANY number put out there from ANY election! He has already said that if he doesn't win, the whole thing is rigged! We didn't know how to deal with this man before and we still don't. Don't tell me money doesn't talk. It always has and obviously it will continue. What do you call a man like Trump? He is like the "Godfather" -- He's a "Teflon don", and NOTHING can touch him because nothing sticks!!!
E. Jean Carol stuck, God bless her.
https://newrepublic.com/article/178435/biden-great-president-say-it-democrats
great article, as is the whole TNR issue this month. Put it in your tool belt!
It seems that the Members of the Supreme Court are too afraid of Treacherous-treasonous-traitor-Trump's crazed followers to do their jobs properly. If they are so afraid that they cannot follow the law, they should resign. I am hoping that the judge Kaplan finds against Trump the day before the judgement to E. Jean Carroll is due. I also want to say, with Trump taking over the Republican National Committee campaign funds, he may end up cutting everyone else off of vital monies needed for their campaigns to be successful! More power to fewer Republicans in Congress and local offices.
I don't think the justices are afraid of anything except losing their power. They've made a mockery of justice and the rule of law.
They should be ashamed.
Given how afraid some of them were when women were protesting their abortion verdict, and how they beefed up security around the court, I suspect at least some of them are afraid. I agree they should be ashamed, but I don't think it is entering into the equation. Warped values, power, and grift enter into it.
Last night, after reading the SCOTUS decision, my retired husband said he was “ashamed” to be an attorney. “Ashamed” he repeated. This is a man who practiced employment law for over 40 years with integrity, admired by his peers for his vast wellspring of knowledge. He made a point though, that if the oathbreaking insurrectionist had been thrown off the ballot in Colorado, southern states could try the same with Biden. We are both completely disgusted that Thomas did not recuse himself, his wife Ginny also being an insurrectionist.
Thomas' recusal should not be voluntary. He should be recused by the rest of the court.
They need to step up and show they are not just puppets , but servants of the country and protectors of the constitution.
Did Roberts have his balls removed?
I don’t think he brought them with him as Chief Justice. I mean, why would he need those dusty little things?
Impeached!
And then there's Thomas's failure to recuse. No doubt he's worried many would see it as an admission his wife should be in jail.
And she should
Now that would prove to be exactly what is needed! I'm chuckling to myself...just thinking about it. Hey, let Trump do it...suits me.
The Roberts Court continues to play its part in the Republican Party’s crucible to overthrow the constitution, and attain a new level of ignominy and infamy for the court far out passing The Taney (Dred Scott) and Fuller (Plessy) Courts.
Roberts began his constitutional assassination by eviscerating the Voting rights in Shelby County, emasculating Article 4 §4, with Citizens United, and declaring Article V, the amendment article, as invalid. Article V states, “ The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;(emphasis added) Congressman John Bingham from Ohio, Sen Thaddeus Stevens from Pennsylvania and Senator Charles Sumner of Mass., were the principal architects of the 14th Amendment and they scrupulously followed the rules of Article V. Our constitution is not a code and as such does not break down every Article and Amendment in detail, but relies on an honest and deliberative democratic congress to act fairly on behalf of all of the people in the United States.
Today, Robert’s court apparently did not believe that Article V applied to the 14th Amendment, I don’t care what they said or how they attempted to justify it. However, they did toss us a solid gold bone when they specifically said, “We conclude that States may disqualify persons holding or attempting to hold state office.” (page 6) In other words, all of the Republicans who serve or want to serve in a state legislature or hold another state office can be disqualified under the 14th Amendment §3, the insurrection clause. The Supreme Court has given us the opportunity to eliminate numerous Republican seats in State Legislatures by their specific ruling today! We need to take advantage of this ruling. I intend to test that ruling by here in Pennsylvania against Republican legislators who signed and/or cooperated with the National Republican Party’s fake elector scheme, supported the Texas’s action to challenge the Pennsylvania right to hold our own election, and conspired to disenfranchise their own voters. Moreover, at a meeting here in Gettysburg Pa., on November 25, Trump, acting in concert with and facilitated by Jenna Ellis and Rudy Guiliani conspired with the Pennsylvania Senate Republican Policy Committee five days after Judge Brann threw out Trump’s challenge to the Pennsylvania vote to overthrow the election.
All of the arguments, legal briefs and Amici Briefs that were filed in the official record in an attempt to keep trump off the ballots in the states, can be used against Republicans to throw them off of the ballots for primary or general elections for the same reasons. Even using Trump’s own words. In every state where Republicans used nefarious schemes to unlawfully throw out election results for President and somehow not entirely throw out the whole ballot in which the Republicans would have voided their own elections, as well as other down ballot candidates. The crime is Conspiracy and conspiracies do not have to be successful to be charged. (Anderson v. U.S.) 417 US 211, 1974. It is enough that two or more persons agreed to commit the act as noted in Anderson to interfere in an election. We should bring state charges, commensurate with the Federal Conspiracy charge at 18 USC 371, to keep out of Article III Courts. SCOTUS has ruled and Article VI , the supremacy clause, prevails at every level of state court, including any State’s Supreme Court.
I believe there are several reasons not to be afraid of Trump and his sycophantic minions.
1) The modern version of tabloid journalism is alive and well with what is commonly referred to as “social media”. These people were and still are the people who support The Star, The Globe, the National enquirer and the like. These tabloid publications are full of equal parts lies, a splash of half-truths, and equally generous portions of just plain ignorance, stupidity, and nonsense. They only appeal to each other and as surly as night must follow day they will tire of the repetition and as stupid ignorant people are wont to do, will become bored and will move on to the next salacious and scatological diversion; like Trump’s trial with a porn star.
2) Statistics, for instance Michigan has a population of a little over ten million people upon which dictates the number of representatives (electoral votes) Michigan is allotted. There are a total of seven million, seven hundred twenty one thousand, and four hundred and eighty two total registered voters. Democratic voters with uncommitted and others totaled 767,851, and for Republicans 1,114,151 with uncommitted and others, for a total number of voters 1,882,002 who showed up to vote. .099443 or about 10% for Dems and .144292 for Republicans, about 15% of the TOTAL NUMBER OF REGISTERED VOTERS out of almost 8 million. The mass media played up the big numbers of 81% for Biden and 68% for Trump. I think the important number is that only about 25% of voters or 0.0182 % approx. 2% of the total population of the entire state is making a decision for ten million people.
The results for South Carolina are similar. Out of 5.5 million residents, and 3.25 million registered voters only a little over 800 thousand registered voters turned out in toto for percentage of approx., .246153, almost 25% of registered voters and .148148, approx., 15% of the total population of South Carolina. In Michigan and South Carolina almost 75% of the electorate stayed home. Lots of room and time for people to settle down and between now and November. I believe these are the important numbers for us to know and not the inflated numbers portrayed by the mass media attributed to one particular candidate.
3) Trump may suffer a medical disaster or some type of misadventure, end up in jail or worse—he has managed to insult just about every special interest group, women, handicapped, veterans, secret service, CIA, FBI, not to mention foreign friends, all who have plenty of time to “intervene” on behalf of their own special interests.
4) An aggressive use of the Supreme Court’s ruling today in which states may disqualify persons holding office or attempting to hold state office, are vulnerable to the 14th Amendment §3 Insurrection Clause. Effective use of this tool could dramatically impact the make up of the house and senate of every state and put the brakes on some of the pending anti voting legislation. It would also help if enough states used the tactic to gain control of the state legislature to ratify a constitutional amendment. Simply stated we should elect every Democratic and Independent candidate we can for every office at every level to elect a majority in the state and federal legislature to impeach and convict all of the Mitch McConnell and Leonard Leo Republican members of the Supreme Court in order to overrule all of the violence done to voting rights, women, etc., and Trump, if he wins the election.
Part of my legal complaint and the banner which will I place at the top of my soon to be launched online paper every day until the election, is provided thru the courtesy of Jonathan Karl, quoting a high ranking Trump White house official,
“He lacks any shred of human decency, humility or caring. He is morally bankrupt, breathtakingly dishonest, lethally incompetent, and stunningly ignorant of virtually anything related to governing, history, geography, human events or world affairs. He is a traitor and a malignancy in our nation and represents a clear and present danger to our democracy and the rule of law.” (pg. 263) “Tired of Winning” ©2023 Jonathan Karl, -- DUTTON Penguin Random House LLC
The above citation describes in detail the character of the man that the Republican party wants to follow and obey. He is an adjudicated liar, cheat, thief and sexual pervert and has created a Republican Party that has devolved into a sadistic, terroristic amalgam of political usurpers who want to kill our country, our government and as of Jan 6, 2021, us.
Thank you, Karl! You really comprised a deep dive for us! As Rachel Maddow always says “Much appreciated”.
Karl, Your percentages listed for voter turnout are representative for the past 80 years. We must do better in November.
Valeare - you and everyone else here should start NOW to make a plan for rounding up the largest number of [Democratic] votes on Election Day. When is it in your state? When does early voting start? Whom can you take with you to the polls? Whom can you encourage to vote early, by mail, etc? What protections are there against folks challenging early votes? If you start studying for this "exam" now, you and everyone else can be prepared.
Thank you. I’ve been studying for the ‘exam’ during the 25 years I sat on the board of a state league of women voters (we were able to establish vote by mail) and other efforts initiated by the US League of Women Voters. Besides that 25 year spree, I have been strongly engaged with League in three other states. I grew up sitting on my mother’s lap from the time I was a drooling baby as she attended league meetings - so knowing the privilege and responsibility of voting was established early on for me. It didn’t stop there by the way. League board members cannot work in campaigns but my childhood and now as an adult
has always been filled with local board attendance and fund-raising including charity auctions to raise money for League. I ran a policy center at a Research One University where I into the data as to why voter turnout has been so historically low. There are not a lot of well done reviews, but it is clear from the data that apathy abounds and that is not new to 2024. In years where it has mattered significantly (Obama, 2098), we’ve seen some bumps in turn out. But largely the low turnout historically has been from apathy (as a result of voter suppression and opinions that folks elected may not have been corrupt, but ‘corruptible’). Those who have kept their integrity after being elected are the exception. The Republicans have done their best to suppress voter turnout by gerrymandering and other tactics. I have spent most of my time since Trump announced November 15, 2022 (three days prior to Jack Smith’s appointment as special counsel, which Trump knew was coming) engaging with black and Hispanic populations and Gen Z and millennials. The votes of young folks will make the call in this election: to keep Trump out, not because they are happy dancing over Biden. On November 5, as we say ‘we did it’ with a Blue presidential win as well as Blue bicameral Congress, I hope you will realize that the journey to take back our democracy has just begun. We need to correct the gerrymandering; we need to work for vote by mail in every state; we need to reinstate the rights we have lost during the reign of the right wing Christian nationalists in Congress (Dobbs, affirmative action); the 2010 Citizens United case; as well as the ‘influenced’ SCOTUS and who have their sights set on marriage equality. We have at a minimum twenty years of reversing the damage ahead of us with plenty of trips to the polls (and hopefully the mailbox). So no worries, I am on board with my/our plan. And have been for decades. By the way, I have ‘shelved’ only one ‘red’ friend among hundreds since the events of Trump’s 2020 loss. This individual was too instructive about how I needed to ‘save my self through Jesus.’ I wondered which one she had in mind: and I suspected it was the orange one. I’ve distanced myself from her. Everyone else is welcome in my camp because I realize they are watching me as I don’t try to ‘change’ them. That’s the beauty of choice (the basis of democracy is choice by the way. If we want it for ourselves, we have to extend it to others). Miles to go before November 5!
Frankly, I don't think "the Republican party wants to follow and obey" Donald Trump. What they want to do is once again install their proven useful idiot as President. Once they do that they will install/infiltrate every nook and cranny of the government and install all of the Federalist Society approved quislings to turn this country into what they want. They just need a figure head they can twist to their way of thinking and do their whisper in the ear biding.
With all the real signs of dementia trump is now showing this is what their plan really is.
Agreed
Ty. Yours us one of the most useful and inspiring reader comments I have read in all the newsletters I follow.
Thank you for posting the voter turn out percentages. Good luck with your daily paper and I hope many states will take opportunities to rid their legislatures of insurrectionist.
Here! Here! I hope the state attorneys general are listening to this. Get those insurrectionist state legislators out! Clean house from local to federal!
Kudos for the research! Phew, you must be exhausted! Agreed with the pseudo polling info released by media outlets. On this morning Today’s show, a hyperventilating minion, babbled on about respective party support for each person…. 81% of Biden’s still support him and 97% of Trump’s!!!??? As stated by previous commenters, trump received 60% of votes in SC!
So now 60% translates to 97%?? Riddle me that one, Batperson!
Thank you, Karl for your uplifting post. So, our sitting insurrectionist in Washington could return to a very hostile state if their grasp on state legislatures is suddenly diminished because a state legislator who participated in the insurrection can be removed from office, weakening the gerrymandering and blocking voter suppression. I’m also a resident of PA and I think our we are in a perfect position to remove 10 (yes!10!) insurrectionist who are seated at this time.
Karl, thank you so very much for showing us a way to combat this insanity. You give me hope which I sorely needed.
I want to hire you for my lawyer!!!
I would love to see Joyce's take on your comment. David Sea, further down in the comments, also pointed out that SCOTUS did comment that States can use 14.3 regarding those running for serving in state offices.
Pretty awesome post, Karl! The way to end people like Trump is to rid ourselves of those who choose to enable him. At the local and State level where voters have more opportunities and more say. Your referenced quote presented me the unfortunate image of a low rated TV drama. But we do seem to love our entertainment. Why DC and not Hollywood is past me.
The Constitution says an oath-breaking insurrectionist must be banned from a ballot and never to hold office...a five-Justice majority didn't want to throw tRump off the ballot, so...they didn't. "Textualism"? "Originalism"? Nah, how about "We decided we didn't want to boot the bastard per §3, so we confected an addendum to the 14th Amendment"...now, THAT'S "original"!
Kudos! If the department of Justice had acted in cooperation with the Jan 6 committee, the orange monster would be wallowing in the muck and mire at Guantanamo by now!
If Mitch McC had put loyalty to the oath he sore when taking a seat in the senate ahead of an insane lust for power, the amoral trump would be in Putin’s dacha cleaning out the livestock stalls!
I agree. Interesting definition of originalism.
Like 6 actors auditioning for the King and I, originalism is what I say it is!
I love the word you used "confected."!
Lance Sec 3 says “can’t hold office”. Nothing about ballots
Well, yes, of course, but effectively it has been treated in this particular case as keeping tRump off the ballot and running for office, which in fact is a synecdoche for "hold any office".
You’d think that legalese would follow, but apparently the court’s dictionary is published by Garbled Inc
Thank you, Joyce, for this detailed explanation over the Court's decision in the 14th Amendment case. Though I am somewhat disappointed, I am also sort of glad because come November when 45 is decisively beaten at the polls, he will not be able to use the excuse that his name was withheld from the ballot.
Very good point, Lynell!
TRUMP WILL SAY IT WAS STOLEN; AND WE MAY HAVE ANOTHER JAN 6.
How do we get the insurrectionists out of congress? Jordan, Biggs , Brooks, Perry et al.
Why does Ohio keep putting Gym Jordan in office?
Gerrymandering
Their reasoning defies logic.
Have you BEEN to Ohio?
I worked for WKRC in Cincinnati.
I almost didn't get out of a rest stop while driving through because I opened the door for the wrong old woman
Then you KNOW
XLNT question! I'd like to hear answers from Joyce, Barbara, Luttig, weisman and katyal. Great 2 hr program on MSNBC? I wish smartmatics had included several congressmen in their huge lawsuit; that would have removed several of them from congress.
Listening to Rachel Maddow last night, it seems plans are ALREADY in the works to appeal Trump’s loss should Biden win. There’s a lot of dirty stuff going on behind the scenes to make the case for Trump. I think we may look back at 2020 as a cakewalk compared to what’s coming. It worries me terribly. I think about the level of stress and anxiety we have all endured ever since Trump descended the escalator at the Trump Tower, and it isn’t over yet.
It is almost a surety that tRump will say it was stolen. The difference is that he will not be in office and our president, Biden, can do what is necessary to stop a Jan 6 repeat.
It is possible that the the greed for money and power by our fellow citizens, not Russia or China, may bring the U.S. down.
You think he's done this without outside help?
He can and most assuredly will say it was stolen but cannot say it was because his name was withheld from a ballot.
But this time, Kamala will be administering the vote count. And they've had lots of time to prepare for shenanigans.
Of course that is what will happen.
Well, of course he will, and I suspect many of his enablers in Congress will too. But I think most will simply tire of the nonsense and move on - unless of course they have another Trump in the wings somewhere. Heck, perhaps Speaker Johnson will try. We spend way too much energy on Trump when the enablers are the folks who need to be voted out. That can be done at the local/State level, just like you all suggest.
Tonight, I got to see you, Joyce, and Barb McQuade via YouTube, because you’re both in San Francisco promoting Barb’s book “Attack From Within”. It was a lively discussion (fun too) but also, I learned quite a bit about disinformation vs. misinformation. It was notable that you brought up the fact that Barb had been a journalist before becoming an attorney, and that the two of you had known each other for a long time.
I feel bad for us too but I also learned today that Trump is saying he can’t come up with the money to pay E Jean. You know what that means? He certainly hasn’t been able to secure a surety bond for the almost $500 million he owes in addition to what he owes to E Jean. And you know what that means? It means that Letitia James has every right to seize his properties. So let’s not flounder any further about the illegitimate court justices because they are not going to save us or toss us a life raft. We will have our say at the ballot boxes as we vote. November will be ours…I just feel it in my bones.
It means E. Jean Carroll has annihilated him.
E. Jean Carroll and Letica James . Gotta luv that it is 2 women who are bringing him down.
Aw, say it. Women are emasculating him, since his existence is all about the appearance of wealth.
Yes, along with E. Jean Carroll’s attorney Robbie Kaplan and her team.
When Trump is booted to the curb on November 5, he will be of no use to either the crown Prince of Saudi Arabia or Putin. His financial empire and infusions from nefarious sources will be over. Now if we can only find ‘proof’ of the payments for our country’s secrets. Jared knows what he hand-carried to SA.
One of whom is a person of color. I particularly love that.
“It means that Letitia James has every right to seize his properties.” It will be interesting to see what the appraised value of those properties will be considering current low vacancies. Partly due to his “handling” of the Pandemic. People who cannot think about the long term consequences of their actions end up losing bigly.
I'm under the impression that unsavory aliens have investments in Trump's properties too. If so, seizing the properties might have cockroaches scattering everywhere.
Yes, the kind of real estate that he's involved with has many International "Investors" who are using those properties for all kinds of reasons that I don't even want to think about.
He should be thrown in jail.
I feel very sad for our country today. Hopefully tomorrow and the days that follow will give me more hope. Maybe pictures of your chickens will make me feel better. Just saying.
Don't forget the big fuzzy eared pooch. He's always calm.
Ah, yes; Bella is so cool!
Oh yes! Thank you!!
I think we all need our ears scratched. Very calming.
Evidently you've never walked your dog in the alley behind Joyce's house when Bella was in the yard.
No, but if I lived that close, he'd know me by now. Lucky you.
I always carry treats and she quiets down immediately..That is until I begin to walk away.
She, I'm sorry. Treats work, but then you have to stay until your pocket is empty!
I carry a pouch. Every dog in the neighborhood knows us. I've got a line item budget expense for treats.
I was thinking of her lovely chickens also. A little light at the end of the tunnel.
One interesting statement in the SCOTUS ruling is this:
"We conclude that states may disqualify persons holding or attempting to hold State office."
Goodbye MAGA Oathbreaking Insurrectionist Representatives!
Trump v. Anderson, Part II-B para. 1, page 6.
https://www.supremecourt.gov/opinions/slipopinion/23
Boebert??
Apply the vote liberally. Ha!
Thanks Joyce, how can a criminal rapist run for president but a criminal released from prison cannot. The GOP selected judges are bent. They have given themselves to the devil for a paid excursion to hell!!!!
Good for the French. To those still thinking reasonably, we should, for once be following their example. It’s good to see the spirit of the Marquis de Lafayette is still alive.
Thank you again Joyce for your cogent analysis. As you say, there are aspects of this Supreme Court that need some serious ethics reforms.
What we have witnessed today is nothing short of a shocking abdication of judicial responsibility by the highest court in the land. In a ruling that will be remembered as a dark day in American history, five Justices of the Supreme Court have taken it upon themselves to reach far beyond the narrow question presented to them and instead, have chosen to issue a sweeping and unprecedented decision that will have profound consequences for the future of our democracy.
These five Justices, with a stroke of their pen, have effectively granted immunity to anyone who would seek to undermine the very foundation of our Constitution. They have sent a message, loud and clear, that insurrection against the United States will not be punished, that those who would seek to tear down our democratic institutions will face no consequences for their actions.
This is not just a matter of legal interpretation. This is a matter of moral courage, of standing up for the principles that define us as a nation. And yet, these five Justices have chosen to turn a blind eye to the gravity of the situation, to ignore the urgent warnings of their colleagues, Justices Sotomayor, Kagan, and Jackson, who have laid bare the dangerous implications of this ruling in their scathing dissent.
Let me be very, very clear: this decision is a betrayal of the trust placed in the Supreme Court by the American people. It is a betrayal of the sacrifices made by countless generations who have fought and died to defend our Constitution. And it is a betrayal of the very idea of justice itself.
They are engaging in their own insurrective behavior. They are now totally complicit in this travesty of justice.
They are traitors.
Roberts is famous for having made a baseball analogy in his Senate confirmation hearing—"My job is to call balls and strikes and not to pitch or bat.” But with this case the majority went way beyond what was necessary to allow Trump to remain on the Colorado ballot. By deciding issues that were not even argued, the majority opinion effectively said: “Ball four, take your base! And, by the way, we hereby repeal the infield fly rule and declare catcher interference to be legal.”
Well said
Ex-Trump CEO Allen Weisselberg is taking another bullet for his boss. He is pleading to two felonies and is likely to spend more months in Riker’s jail.
Weisselberg for many years was the ‘money man’ for Donald and father Fred. He knows all the dirt about Donald’s financial finagling.
He refused to spill the beans on Trump earlier. Subsequently he has chosen jail rather than cut a deal with prosecutors. By contrast, Trump’s former attorney cut a deal with prosecutors that cost him years in jail and now will be a tarnished star witness in the forthcoming ‘hush money’ trial.
Before beatifying Weisselberg for his ‘loyalty’ to Donald, one should remember that Allen got a severance payment of $2,000,000 from Donald with the stipulation that Allen would not testify against Trump. These payments are scheduled over a number of years and could be stopped whenever Trump chose.
Hi Keith,
Wasn’t the fact that Weisselberg spent only five months in Rikers part of an already negotiated plea deal by Weisselberg’s attorney? Rikers is awful and more months there will be unpleasant, but months in jail for felonies instead of years is the result of two plea deals: this new one and the prior one that resulted in the first five month jail term. The $2 million payment from Trump was contingent on Weisselberg having to testify. So now that he has admitted he committed perjury the terms of his first plea deal go away. I may be wrong, but that’s the reason I thought he has to go back to Rikers. So far as Michael Cohen being tarnished, the judge has said he is a credible witness for the hush money case. The important issue is that Trump has lost credibility, he doesn’t have enough money to pay the bonds needed to appeal the penalties from the New York fraud trial and E. Jean Carroll’s case. For Trump, the most important issue is that he have an image of having money and now he’s losing (lost) that. He asked Judge Kaplan for more time to arrange money to appeal the E. Jean Carroll verdict and Judge Kaplan said he would decide but ‘not today.’ Trump is bleeding interest daily on that verdict amount. Our system of having the rule of law, and seeing someone like Trump, apparently not being convicted and jailed for a crime like insurrection (although he is innocent, until proven guilty in a court of law) frustrates folks. He has already received what is a worse punishment (for him) than jail: his image of being a billionaire is shot. I believe he will go to jail and spend the rest of his life there. However, right now, he is broke and broken. He has lost three trials (two with E. Jean Carroll and the New York fraud case) and he does not have enough liquidity l to post bonds to appeal the verdicts. He doesn’t have the cash he said he did. And E. Jean Carroll and her legal team need to be given credit for that. Trump can conjure any number of reasons for not paying Weisselberg. Whether Weisselberg is loyal to Trump, doesn’t matter a whit. Trump is not loyal to Weisselberg or anyone else. Any agreement he made to pay Weiselberg $2 million isn’t worth the paper it’s written on. The truth is, Trump is broke. He will be forced into another bankruptcy. He will be in jail soon enough, and he won’t be paying anyone from there. Weisselberg should negotiate any plea deal he can that shortens his potential jail time. He’s not going to get paid by Trump whether Trump promised $2 dollars or $2 million or $20 million. He’s going to get zero dollars from Trump. So he should just worry about his own get out of jail free card.
Valerie
Warm thanks for such a comprehensive description of Weisselberg, Doofus Donald, Michael Cohen, and the financial circuses. At 3 a.m. I chose to be brief and am delighted with your fullness.
I appreciate your response. I was up ‘too late’ comforting an elder dog who was having troubled sleep (rescued Shiba Inu whom I adopted when a friend died two years ago) so checked Joyce’s Substack. I’m hoping I didn’t come off as someone who had definitive answers because I was posing responses to you as questions. Anyway, that was my intent. I’m truly not clear about any of the backstory with Weisselberg‘s pleas. The only thing I can say with any definitiveness is that Trump will promise till the cows come home, but he’s not paying a single penny of any of his promises. If Weisselberg gets a dime, he will be the rarity in Trump world. It sort of smells like an advance payoff; ie ‘you get paid to keep your mouth shut’ with the thin appearance of not wanting to break the law of an outright payoff so he threw in the part about ‘unless required by law. ‘ The $2 million severance matched a fine that Weisselberg paid fr a tax fraud trial. I am still hoping to get your take on that. Trump paid his legal bills, but I think I would opt for a public defender. I think they paid for defender is following Trump’s orders and not in Weisselberg’s interest.
Valerie Wasn’t that the case of the courageous lady who worked for Mark Meadows in the White House? (Hutchison??) Initially she had a Trump lawyer who was encouraging her to lie. Then she got her own lawyer and blew the roof off the White House.
Our 13 year old dachshund gets us up early in the morning. I am up in the middle of the night for other reasons.
PS, my Dachshund refuses to wear his miniature Iditarod sled boots:)
Thus, I shovel and carry him a lot:)
The Dachshund runs the show, as did his bubba who passed in 2016.
My miniature Dachshund will be 15 in June. He got himself up at 5:15 AM every day, but then he goes back to bed until the crack of noon. We are in winter in my neck of the woods:)
Yes re Cassidy Hutchison, who testified at the January 6 hearings. Also, Trump tried to provide lawyers for the.Mara Largo crew - there was a special hearing where they were all provided the opportunity to have a separate attorney. One chose to do so (he was the fellow in charge of the security cameras, from which Trump wanted data to be erased). He is testifying against Trump.
As a non-lawyer this court often confuses me, but NEVER surprises me. The Section 3 decision came down just as I (and most everyone else) expected - the judges who claim to be "textualists" and "originalists" found a way to do more than "kick the can down the road" - they suggested the appropriate place to decide issues regarding "Oathbreaking INSURRECTIONISTS" is the Congress where "kicking the can down the road" is their modus operandi. To me, the way this SHOULD work is the issue begins in the state (see: Dobbs v Jackson Women's Health) and the Court decides for the nation. For example, in the case of Trump V Colorado (or whatever it's called) was Trump born in America (check) he is older than 35 (check) HOWEVER, Is he an "oathbreaking INSURRECTIONIST" (oops! if he is, he's OFF THE BALLOT because the TEXT of our Constitution has set the requirements for anyone who would seek to be our President - what's the saying? PERIOD, full stop! (It appears to me this court WANTS to sacrifice our republic to this "oathbreaking INSURRECTIONIST") While I was not surprised by this decision (including Thomas participating in it) I was a bit surprised by the Court granting "cert" (Thanks Joyce for teaching me that term) for the ABSURD claim that Trump is "absolutely IMMUNE" from facing justice for his CRIMINAL conduct. They've rewarded his STALLING tactics and, it appears to me, they don't understand that CAVING to this serial CRIMINAL is like giving their constitutional power away. If they're AFRAID of the backlash of them actually JUST ruling on the TEXT of the Constitution because of the Trump crazies - well, they're just putting off the inevitable and maybe some retirements are appropriate!
Lessons I have taken away from this ruling: 1) Justice Thomas has no grounds for arguing that he is worthy to be ruling on J/6 adjacent issues, 2) Ginni Thomas can apply for a job in a future Trump DOJ, 3) only an impeachment could have kept Trump away from the oval office a second time and the cards were dealt by Mitch McConnell and Leonard Leo to their eternal shame, and 4) Judicial Activism is alive and well.
Swbv. Shame existeth not in a soul empty of substance