The Court's job is to follow the law, not freelance into what's best for anyone (or everyone). The language of the Amendment is clear. Trump is not eligible to be president and his name should not be on the ballot.
As I posted some days ago on this subject - if the plain text of the Constitution isn't enough to prevent an insurrectionist from appearing on the ballot, who or what can, I ask you? "The voters"? No, as the will of the people was *almost* thwarted by this very insurrectionist, election results be damned. And now, SCOTUS is about to consider unleashing "Insurrection II" upon this country? tRump threatens "bedlam" if he's barred...bedlam = insurrection; and he's already testing the "I was robbed!" line yet again, if he loses in November; and we want to go through this again? Seriously?
Lance, you are right. This insurrection was specifically about annulling the will of the voters. The Senate abdicated its responsibility saying the voters should decide, which is itself a misdirection. The voters don't decide guilt of insurrection. That's the job of the Senate. The voters decide whom they want for President. If the candidate they want is guilty of insurrection, it shouldn't matter. That candidate should be disqualified under the Constitution. Either the Constitution is the ultimate authority or it's just a wish list.
I was about to say that all this buck passing by the people in public office is just chicken shit, but I wavered not out of fear of vulgarity but out of respect for chickens.
Why is nobody discussing the "aid and abet" clause? It seems to me that 45's inappropriate failures to act fall squarely within an "aid and abet" definition and analysis.
I think if they decide Trump is disqualified it won’t be from a sudden change of heart by the 6 traitors who McConnell shoved down our collective throats. It’ll be because their billionaire buddies are sick of Trump’s insanity.
They’ll easily blame the senate for not finding Trump guilty of inciting an insurrection during his impeachment process and by denying Trump access to the ballot they’re simply correcting a mistake made by McConnell and his party. There by sidestepping anyone criticizing them being “responsible” for Trump‘s disqualification.
Heaping it directly onto Mitch McConnell and senate republicans. I can dream 💭.
Here is the submission by the Colorado Attorney General in support of Secretary of State Gena Griswold. It is pretty darn clear that Trump should not be on the ballot.
I always go back to Judge J. Michael Luttig’s testimony before the Special House Committee on January wherein he stated in closing, “They are going to do it again in 2024. How do I know? Because they are telling us.”
I need to do as much as we can to get them to “hear” and to “understand.” I recently compiled a two page “Resources to GOTV” and set it to around 100 friends and acquaintances. Most of the info included was taken from my reading on Today’s Edition by R. Hubbell and Chop Wood, Carry Water by Jessica Craven. People need to donate and engage now instead of waiting until October.
Right. And Mueller punted to the Courts, and McConnell punted to the Courts, and the Courts will likely punt back to the voters, as these bodies who make and uphold the Constitution and the law do neither.
And that statement is what really pisses off this reader; “these bodies who make and uphold the Constitution and the law did neither.” Makes a person want to scream into a bag.
Trump's threats have been controlling American politics for far too long. He's got the GOP under his thumb, including most of the members who are too afraid of him to speak out. His character assassination of President Biden is aided and abetted by the mainstream press. Now the SC has the power to apply the Constitution to shut Trump down. But they probably won't because Trump appointed the right wing majority of them to the Court.
And some days the MAGA justices are originalists and some days they are textualists. All depends on the outcome they want. Don’t trust them as far as I can spit!
What I also fear is that, once you have crossed into the realm of "let the voters decide," where does it end? Not only would this diminish the rule of law, but it would potentially put every major issue to a popular vote, which is not how a republic is supposed to operate. Unfortunately, Sen. McConnell let this genie out of the bottle when delaying hearings for a SCOTUS nominee and its hard to see how the damage can be repaired. The irony in all of this is that the so-called originalists should be up in arms over this issue, but are strangely mute.,
If the justices do their job and stick to the law instead of politics, it's going to be hard for them to avoid affirming the Colorado Supreme Court decision. The main briefs, and the dozens of amicus briefs, are strong for affirmance and lame for reversal.
So Trump will come off the ballot in Colorado, and because that precedent means that Trump could not serve even if elected elsewhere, every other state in the Union will want to strike him from their ballots in order to save voters from wasting their votes on Trump.
And overnight Trump's power will evaporate, leaving him standing in the dock as just another criminal defendant, more notorious but no more exempt from punishment than any other criminal.
Well Douglas Wilson, your thoughts are my dream scenario for 2024. But as another reader wrote, we are sitting here powerless watching a lot of elected people passing the buck. Scary!
You are right, Douglas. I am asking my Higher Power to help us maintain the Rule of Law and save Democracy for those who have children and grandchildren. I grew up in a free America, the envy of almost every country I visited in the past sixty years. Now that I am almost 80, it frightens me to think that we will be ruled by one person.
The same holds true for members of Congress who supported the insurrection, and claim that those found guilty and imprisoned for their participation are hostages.
Couldn't agree more on this one. All of those folks -- including the Speaker of the House -- seem to be skating. Why? Why haven't they been charged with anything?
When President Biden wins in 2024, he needs to appoint a pitbull in place of Merrick Garland. He is a very good man, but not aggressive enough to stop the traitors in our country.
I totally agree. The 14th Amendment is tailor-made for Trump and any other public official who aided and abetted him in his attempt to overthrow our government. That list would include Congress people who knew in advance that this event was going to proceed. The legal language of this Amendment is crystal clear. He and others are NOT eligible to run for public office. Period. I don't care that it may be the opinion of the Court that we should just go ahead and put him on the ballot. That would be doing grave damage to the language of Section 3 of our Constitution's 14th Amendment. It would set a terrible precedent.
Victoria: You're right. There are many in the Senate and House who should be removed from the ballot when they come up for re-election, based on their support of DT before and during the insurrection. The Supreme Court may find a loophole for DT to slip through in the language of the Constitution....but the language is crystal clear with regard to members of Congress.
Flo: I surely do hope so. And...surely some of those people are up for re-election this year. How come no one is talking about it, filing papers to keep them off ballots? DT is the "big fish", but how about all those minnows? Or...plankton?
I agree. The Supreme Court was not elected (nor appointed) to decide what is best for the country. They are there to interpret the law. The language of the 14th Amendment is clear and direct; so too is their task. And while I think this conclusion stands on its own, the plain language of the Amendment also offers a very democratic off-ramp for those so concerned about what's "best for the country:" If people don't like the result of the 14th Amendment's application, their elected representatives in Congress, by a 2/3 vote, can override it and put him on the ballot anyway. If someone is to make a judgement that having Trump face the voters is somehow best for the country, the drafters of the 14th Amendment assigned responsibility for achieving that result to Congress, not the Court. Perhaps I lack imagination, but again, I just don't see how this one is so complicated.
If Trump will not be excluded per the 14th Amendment and the election moves forward, what will prevent another January 6th-type debacle when he loses the 2024 election? The minions and MAGA loons will create more havoc as he whines and moans about a “rigged election”. I’m afraid for our country.
He's already whining and moaning and claiming election interference. He's the victim. He's by doing so he's already preparing his supporters to act should he run and lose. And, we will have a repeat of the aftermath of the last election but with more violence.
Trudy, the difference this time, is Joe Biden. If a bunch of MAGA clowns tried the same thing, my bet is the reception at Congress would be armed and brutal. As it should have been the first time!!! I say bring it on.
If SCOTUS does not rule appropriately in this case, it WILL set a dangerous precedent. All states--even monarchies and dictatorships--are fragile, but democracies (or representative democracies) are especially fragile. We should have a good idea of which way they'll go after we hear oral args. on Thursday.
Good afternoon Joyce: I don’t care what the polls say about TFG being so far ahead in the polls. Most Americans know the score. Voting for him would be for lowering taxes for the very rich. Let’s be real here. The Maga cult are half crazy. And their base is only about 30 percent. Disinformation is a major concern but common sense tells us Grifters USA want to throw America under the bus 🚌 because they’re crazy. They do not have common sense. Most of us know better and will re-elect Biden in November. It’s the crazies we need to worry about fueled by Putin’s secret militia and complex strategies TFG has been planning since he left office. And the idea that he would have immunity from prosecution even after leaving office is just plain ridiculous. Not sure how we stop him but we will. It’s going to be all hands on deck here. And I hope Biden can have all available troops at the ready should anything appear to threaten the election process in November. There is no way he’s going to win. If we understand that, we too can prepare to avert any missteps when havoc approaches to deter mayhem because that is what the orange man is hoping for. Your accounting today is very much appreciated and all that you continue to do. 🗳️🙏🇺🇸🗽🗳️
Great post of encouragement!! I want to believe that we won’t be overrun by the crazies, but you’re right…..it’s all hands on deck to maintain our constitutional form of government. I heard JD Vance speak today and there is no doubt that authoritarian folk are pushing their agenda in any way they can. There is no attempt to hide their intentions. We need to take them at their word and VOTE BLUE.
Joyce, here is my dilemma on the 14th Amendment issue. It reads so clearly! And it is in the Constitution not some Federalist Paper or long-ago lower court opinion. Would a SCOTUS ruling against Trump put this issue to rest? No. Neither would a defeat in November. And if this doesn't rise to the level of being disqualified, why have qualifications at all? My preferred outcome is take him off the ballot and be prepared for the inevitable fallout. My prediction, however, is that the Court will skirt the issue.
I agree Mr. Roseen. A Trump defeat in November will just have him howling louder and longer. We've been this route before and the outcome wasn't pretty. But Trump will be out of office (not in D.C.) and likely defending himself in a bunch of courtrooms. I say remove Trump from the ballot.
Agree the SCOTUS is not going to let states take TFG off the ballot. That would require a level of courage in the application of justice they do not possess.
And after the blue tsunami in November that again leaves Trump an ordinary citizen, there will be a period of civil unrest by the uneducated that Trump declares he loves. He is so good at getting others to do his dirty work.
He and his team of plotters (plodders?) will try every sort of underhanded trick and make even more outrageous allegations. Election interference 2.0. Without a doubt, they'll drag out the tactics from the 2020 election, but fine-tuned a bit. False electors. Voting machine irregularities. Observers who mistake a ginger mint for a thumb drive.
I think Smith and Garland will let the election play out before they
Cheryl, your statement is so true. There are NO current decision makers who could be candidates for Profiles of Courage. “That would require a level of courage in the application of justice they do not possess.”
In the words of Cicely Tyson " To soar toward what's possible, you must leave behind what's comfortable"; for SCOTUS to be the arbitrator, they may need to accept the fallout which comes when upholding their oath of office to make decisions which uphold our national constitution as it has evolved.
In my opinion Vance's interview was a disaster today. While there was some pushback he was mostly allowed to just spew the same old lies about 2020 election fraud and the cases against Trump being left wing and Biden election interference. They cannot provide proof of either and those lies need to be challenged forcefully and with facts during these interviews. They should not be allowed to get away with it.
I don't think it was a disaster. If you watched, George pushed back on virtually every point of treason puked out by vance, and masterfully cut him off with glee at the end. It was a televised castration if ever I saw one. I was SO proud of George!!
Heather Cox wrote an excellent article on the history of the 13th, 14th and 15th amendments to the Constitution today. It would seem that any "originalist" interpretation of those amendments would prohibit Trump from running or holding any elected office in the country. There are also, in Congress, other conspirators who should be removed and ineligible to run for re-election.
I can’t help wonder whether there would be any fuss at all about Fani hiring a lover( or having an affair with an employee) if she weren’t black I’m disgusted
I was thinking the same thing. Not only is she not white, but she's a FEMALE after all. Means she's had two points against her since Day One, as far as he's concerned.
The article points out that she did NOT hire a lover. That is a very important distinction. The rest of the story? Better suited to the Nation Enquirer than to civil discourse.
Many couples, married or not, work together.. I think that if she were white it would not be an important distinction, but would be nobody's business but their own.
I’m frustrated that a candidate (DJT or anyone) can run for President with so few requirements for candidacy. Can it be that age and citizenship are the only hiring criteria? And their financial disclosures should also be made upon filing. Even if tRump is a felon he isn’t disqualified? For the highest office in the country and the free world? Why are there not standards to be met upon applying, as with any other job in this country? With even a whiff of scandal a candidate should be denied, yet we all saw him on live tv not only obstructing the peaceful transfer of power by denying Biden’s transition team access to needed offices and information, but by inciting a rebellion on our sacred Capitol to prevent the official congressional ceremony to certify the votes for the instatement of the duly elected President Biden. He is clearly ineligible to run for office but also guilty of treason and should long ago have been required to step aside. God help us if a tyrant can just strong arm and bully his way into the office of the President of the United States of America!
I know it's not a legal argument, but if Trmp didn't want to allow the voters to choose the president in 2020, why should they get to possibly choose him in 2024?
Because he knows he has to allow an election to get himself elected so he can then use the military to turn himself into dictator, and he has said he will do that on the first day of office. So he is only using the process as a steppingstone to dictatorship. He acted like a dictator while he was in office from 2017 through 2020. That’s when he first gave Iran nuclear secrets over the objections of members of Congress from both parties.
Agree that the presidency is just a stepping stone. I think his motives are simpler than they look. Reclaiming the Presidency is just a tool to achieve these four things:
*avoiding prosecution ("pardon myself" I'm not going to jail);
*retaliation (for perceived wrongs. "Don't get mad - get even.");
*arrogance (narcissistic power over other people because he's smarter than everyone else);
*money ("everything I do for you has a price tag." Nuclear secrets weren't a freebie!)
Almost everyone goes through a stage in life where these things are important. It usually resolves around the 8th grade. A case of arrested development.
What a week coming up. I am looking forward to listening to the audio feed on the 14 Amendment in Colorado. Let’s hope there outcome will be siding with the law. I believe Jack Smith will keep on pecking on Judge Cannon and Trump. Trump won’t back down but I think Judge Cannon will soon realize she is over her head.
I see Willis as a strong woman, although her misstep was very unfortunate, I think if allowed to try the case she will blow it out of the water.
So many Republican Senators, like J.D. Vance, are speaking craziness out loud. It makes you wonder?
Thanks for laying out this coming week. Speaking for myself, I’d be in the weeds without your knowledge and explanations.
Monica, we cannot call this business with Fani a ‘misstep.’ If the affair began after the indictment was filed, which is what she claims, she was already in a criminal case involving one of the most important issues that has ever occurred in the United States. The president of the United States and his coconspirators tried to steal the election of the citizens of Georgia: some of whom elected her. One of the biggest fights that ever occurred in the United States of America was over how to count our votes for president. That’s how we ended up with the electoral college. it came about because of a compromise. It may not be perfect, but there hasn’t been anything else that replaces it. That fight, that was one by the way by those of our founders who defended the rights of American citizens to have a vote and a say so in the election of their president. They opposed those who wanted Congress to select the president. That fight went on for a long time and resulted finally in a compromise that we know as the electoral college . Our right to vote and have our votes count is precious. This is exactly what Trump wanted to take away from us. He wanted to take away from every citizen of the United States, which Jack Smith is fighting for every day of his life. And he wanted to take it away from Georgia because we have an audio tape that says so. But Fani Willis is telling the people of Georgia, and by extension, the people of the United States, that the case itself isn’t very precious to her. Trotting off with hot lips is more important. She put her personal desires ahead of her responsibility to the people of Georgia, and by extension to the people of the United States of America. There’s no other way to think about it. A ‘misstep’ is inviting the wrong person to a party or disclosing a friend’s confidence.’ This was a lack of judgment that she carried on for a period of time, and would most likely still be carrying on if the affair had not been disclosed. Then she was not forthright about admitting it. That makes one wonder if she was trying to figure out a way to cover it up and pretend it didn’t happen. Then when she knew someone had the goods on her, she decided to throw herself at the mercy of public opinion. That doesn’t work in this kind of high stakes scenario. There is no room for carelessness or risk or lack of judgment in a case of this magnitude. So whether she’s ‘able’ to try the case or not doesn’t matter. She may be capable of doing law, but her priorities are out of order, and we have no guarantee that she will ever give any degree of priority to this case. We wonder if she simply wants to be in the limelight? And that’s what Joyce is pointing to when she says she should back off with “humility.“ We are concerned about her priorities. A litigation like this isn’t simply a day job: it’s a night and day job until the job is finished. She doesn’t get this and we don’t think she will ever get it. Yes she can have a day off from time to time. But hot lips seems to be her priority and he might not be going away. People will have zero confidence in her ability to make good decisions. (He doesn’t make good decisions either). Being a litigator requires doing strategic planning at a very high level. It requires someone who is living, breathing and dying the case until it’s over. So if she couldn’t choose between dedicating herself to a very important case, and traveling with hot lips, she doesn’t have the ability to work this case. That’s my opinion. And I could care less if she has 10 affairs. That is not the issue . Being able to set aside your personal desires and wishes to finish out the case is my issue.
But Fani wasn’t doing strategic planning or buttoning up every single part of every single one of her RICO case involving multiple individuals, including the president of the United States of America. She was traveling with hot lips and celebrating getting three attorneys to plead guilty. That’s called ‘picking off the low hanging fruit.’ The case is hardly over at that point. Her reelection as a district attorney could come before the case is even tried. She doesn’t have any crystal ball. Does she have so much ego that she thinks she will be reelected? She was elected, not appointed. That’s a huge difference and she’s acting like a common politician.
She is also someone who is acting like this is her first trip to town in public life. One lives differently when you’re in this kind of extreme public exposure. For example, one doesn’t go out to dinner and have a single drink and drive oneself home (you plan ahead with a driver). She didn’t have enough sense to understand her responsibility doesn’t end on Friday night when she leaves the courtroom. My criticism isn’t that she had an affair. My criticisms surrounding the affair is that she was so stupid about it. If she’s stupid about that, she’s stupid about court. Not to be unkind, but it’s the stupid thing that is showing with Fani more than the morality. The complete lack of a moral compass with her boyfriend is another bothersome detail. He booted his wife of many years, left her with no income, while her father died. I will be disappointed if Fani stays on the case, and I have absolutely zero confidence that she can make any kind of strategic decision to bring it to a conclusion. And that’s the exact fodder she’s given Trump. They need to put her next in line deputy on the case and hire whoever they need as a consultant.
Valerie, you have assigned a lot of motive and generalizations to Ms. Willis. Perhaps it is reasonable to suggest she displayed a lack of good judgement based on the significance of this case. I might agree with that. However she has NOT forsaken her duties as prosecutor just because she has a relationship. It is not uncommon for couples to work together. And these two are on the same side of the courtroom. Perhaps she just desired privacy? However, we are all very aware that people in the limelight rarely are given privacy or even have the expectation of it in our culture. And most of all Trump is the biggest bully on the block and never misses an opportunity to badmouth a person!
Thank you Christine for pointing to this. I’m just so disappointed in what I viewed as her jeopardizing the case. Indeed, what may have been a powerful, working relationship will be capitalized on by Trump for sure. Again, I was just feeling deeply disappointed at the thought of her being required to resign.
We have suffered collective PFSX since Jan 6. Some of us recognize it from prior diagnosis, and some folks are undiagnosed. But we are all suffering. The more invested we are in protecting our Republic, I think the more anxious some of us are.
I feel strongly that Joe Biden will be reelected. And the bicameral Congress will be blue, both Senate and House. And there will be a lot of work still to come, and a lot we will do together. This is such a lovely Substack - and I’m reminded of how Garrison Keillor used to talk about l
Lake Wobegon, where ‘all the children are above average.’ So as well, is Joyce’s Substack, where all of the readers are above average.’ 💙 and where all the women are strong ha ha 💪🏻 I guess the men are good looking too…
I’m an engineer not a lawyer but I saw what everyone else in the country saw on January 6th. Pretty clear what we witnessed was an insurrection that would not have occurred without the direction we all witnessed from DJT. Also would be a very hard sell for anyone to convince me that DJT should be anywhere near the White House. Without DJT none of this would have happened and it is quite obvious he’s running for president because he’s found a willing group of marks that send him money to pay for his legal issues and if he’s elected will be able to destroy the legal system that is going after him for his criminal existence.
Lot's to unpack here. First, I think JD Vance just got the not to be Trump's VP. Secondly, in my view, the issue with Ms. Willis is not unexpected as Trump and his sycophants are/will be looking at any way they can to deflect the reality he - and many others - attempted to overthrow the results of Georgia's state election results in 2020. Of course, as in all other examples of Trump's claim of a "rigged election" NONE of the republicans voted into office in 2020 - as far as I know - have complained about their own elections. Finally, and I have to say this as a 76 year old white man, I believe the FACT Fani Willis is Black pretty much says it all as to why her personal relationship seems to be such a problem. As far as I'm concerned, what she does in her private life is her business. But, of course, when it comes to Trump and republicans, interfering in people's private lives - especially women - has become second nature.
The only ones who do not seem to be afraid of Trump is E Jean Carroll, her attorneys and Judge Kaplan. Others would do well to follow their lead. “He is nothing.”
This really goes to the fundamental question of who decides that a candidate is ineligible under the 14th Amendment and on what is the decision based? Does it come under the heading of states interpreting the Constitution or is this a federal decision? I.m not comfortable punting this decision to a court of lifetime appointees who have not bothered to disguise or act upon personal biases. And I doubt that SCOTUS would favor a patchwork approach by the states.
SCOTUS has the last word on the meaning of the constitution. The obvious big questions here would be "what's an insurrection?", "what conduct amounts to 'engaging in' an insurrection?" and "is s. 14(3) self-executing, or must there be some as yet unwritten mechanism to determine whether s. 14(3) applies to a particular individual?"
On the other hand, SCOTUS is not at liberty to contradict findings of fact made in state courts. Oh, except when it does, as occurs all too often in criminal cases, hot button culture wars and attacks on the administrative state.
I am with you Joyce, somewhere I wish that Trump stays on teh ballot and gets rejected by a wide margin. the Very democratic way, which doesn't prevent out awesome SC Jack Smith to continue relentlessly to have him get through a jury''s judgment, bless his heart., and his team's heart working relentlessly.
A to JD Vance, there is no word to qualify this person.
I remember reading an op-ed that bored millionaires and billionaires winning public office with no understanding of government wasn’t helping governance.
The Court's job is to follow the law, not freelance into what's best for anyone (or everyone). The language of the Amendment is clear. Trump is not eligible to be president and his name should not be on the ballot.
As I posted some days ago on this subject - if the plain text of the Constitution isn't enough to prevent an insurrectionist from appearing on the ballot, who or what can, I ask you? "The voters"? No, as the will of the people was *almost* thwarted by this very insurrectionist, election results be damned. And now, SCOTUS is about to consider unleashing "Insurrection II" upon this country? tRump threatens "bedlam" if he's barred...bedlam = insurrection; and he's already testing the "I was robbed!" line yet again, if he loses in November; and we want to go through this again? Seriously?
Lance, you are right. This insurrection was specifically about annulling the will of the voters. The Senate abdicated its responsibility saying the voters should decide, which is itself a misdirection. The voters don't decide guilt of insurrection. That's the job of the Senate. The voters decide whom they want for President. If the candidate they want is guilty of insurrection, it shouldn't matter. That candidate should be disqualified under the Constitution. Either the Constitution is the ultimate authority or it's just a wish list.
I was about to say that all this buck passing by the people in public office is just chicken shit, but I wavered not out of fear of vulgarity but out of respect for chickens.
Just what we need - MORE respect for chickens - much more than for some of these sort-of politicians!
😀😀
Amen chickens!
Why is nobody discussing the "aid and abet" clause? It seems to me that 45's inappropriate failures to act fall squarely within an "aid and abet" definition and analysis.
Grand posts Lance and Jim! Using irrefutable logic to come to the painfully obvious conclusion! Will SCOTUS buy it? Who knows?
I fear they will not.
I think if they decide Trump is disqualified it won’t be from a sudden change of heart by the 6 traitors who McConnell shoved down our collective throats. It’ll be because their billionaire buddies are sick of Trump’s insanity.
They’ll easily blame the senate for not finding Trump guilty of inciting an insurrection during his impeachment process and by denying Trump access to the ballot they’re simply correcting a mistake made by McConnell and his party. There by sidestepping anyone criticizing them being “responsible” for Trump‘s disqualification.
Heaping it directly onto Mitch McConnell and senate republicans. I can dream 💭.
Here is the submission by the Colorado Attorney General in support of Secretary of State Gena Griswold. It is pretty darn clear that Trump should not be on the ballot.
file:///var/mobile/Library/SMS/Attachments/9d/13/534DA255-32B6-4B04-A101-C821A1B0D1A6/20240131133707445_23-719%20Griswold%20Repondent%20Brief%20on%20the%20Merits.pdf
Jim, it is now a Chinese Menu, pick three
My dad would have said, "Maybe they think the constitution is just a suggestion...."
I always go back to Judge J. Michael Luttig’s testimony before the Special House Committee on January wherein he stated in closing, “They are going to do it again in 2024. How do I know? Because they are telling us.”
They have told us all along. People are not listening!
I need to do as much as we can to get them to “hear” and to “understand.” I recently compiled a two page “Resources to GOTV” and set it to around 100 friends and acquaintances. Most of the info included was taken from my reading on Today’s Edition by R. Hubbell and Chop Wood, Carry Water by Jessica Craven. People need to donate and engage now instead of waiting until October.
Right. And Mueller punted to the Courts, and McConnell punted to the Courts, and the Courts will likely punt back to the voters, as these bodies who make and uphold the Constitution and the law do neither.
I agree, so much "punting" and so little actual doing there jobs!!! This is a very big reason we are in the mess we are. Vote Blue!!
And that statement is what really pisses off this reader; “these bodies who make and uphold the Constitution and the law did neither.” Makes a person want to scream into a bag.
Hard to score if a team just punts. (It's Super Bowl week, what can I say?)
This in Huff-Po: Can’t say I disagree with them.
https://www.huffpost.com/entry/neal-katyal-donald-trump-freakout_n_65c0a343e4b05c8779fa5a7c
Trump's threats have been controlling American politics for far too long. He's got the GOP under his thumb, including most of the members who are too afraid of him to speak out. His character assassination of President Biden is aided and abetted by the mainstream press. Now the SC has the power to apply the Constitution to shut Trump down. But they probably won't because Trump appointed the right wing majority of them to the Court.
And some days the MAGA justices are originalists and some days they are textualists. All depends on the outcome they want. Don’t trust them as far as I can spit!
Alito & Thomas have likely contorted themselves into pretzels to issue a ruling favorable to Inmate PO1135809.
What I also fear is that, once you have crossed into the realm of "let the voters decide," where does it end? Not only would this diminish the rule of law, but it would potentially put every major issue to a popular vote, which is not how a republic is supposed to operate. Unfortunately, Sen. McConnell let this genie out of the bottle when delaying hearings for a SCOTUS nominee and its hard to see how the damage can be repaired. The irony in all of this is that the so-called originalists should be up in arms over this issue, but are strangely mute.,
Amen
If the justices do their job and stick to the law instead of politics, it's going to be hard for them to avoid affirming the Colorado Supreme Court decision. The main briefs, and the dozens of amicus briefs, are strong for affirmance and lame for reversal.
So Trump will come off the ballot in Colorado, and because that precedent means that Trump could not serve even if elected elsewhere, every other state in the Union will want to strike him from their ballots in order to save voters from wasting their votes on Trump.
And overnight Trump's power will evaporate, leaving him standing in the dock as just another criminal defendant, more notorious but no more exempt from punishment than any other criminal.
Well Douglas Wilson, your thoughts are my dream scenario for 2024. But as another reader wrote, we are sitting here powerless watching a lot of elected people passing the buck. Scary!
I feel and think that we are indeed truly powerless.
I agree with you Douglas and hope your prediction comes true.
You are right, Douglas. I am asking my Higher Power to help us maintain the Rule of Law and save Democracy for those who have children and grandchildren. I grew up in a free America, the envy of almost every country I visited in the past sixty years. Now that I am almost 80, it frightens me to think that we will be ruled by one person.
Wow....that would be the universe's karma that I keep praying for. That would be a shining light on a hill!!!!
I dearly hope you are correct, but that is a very big ‘if.’
Only in a logical, rational, sane world....
Except the SC will reveal the sameness of its originalism and save Trump
Bravo!
The same holds true for members of Congress who supported the insurrection, and claim that those found guilty and imprisoned for their participation are hostages.
Couldn't agree more on this one. All of those folks -- including the Speaker of the House -- seem to be skating. Why? Why haven't they been charged with anything?
When President Biden wins in 2024, he needs to appoint a pitbull in place of Merrick Garland. He is a very good man, but not aggressive enough to stop the traitors in our country.
The list is long.
Amen. The language of the amendment is clear. It means what it says. Its purpose is to protect the nation from known traitors.
Yes.Amen.
I totally agree. The 14th Amendment is tailor-made for Trump and any other public official who aided and abetted him in his attempt to overthrow our government. That list would include Congress people who knew in advance that this event was going to proceed. The legal language of this Amendment is crystal clear. He and others are NOT eligible to run for public office. Period. I don't care that it may be the opinion of the Court that we should just go ahead and put him on the ballot. That would be doing grave damage to the language of Section 3 of our Constitution's 14th Amendment. It would set a terrible precedent.
Victoria: You're right. There are many in the Senate and House who should be removed from the ballot when they come up for re-election, based on their support of DT before and during the insurrection. The Supreme Court may find a loophole for DT to slip through in the language of the Constitution....but the language is crystal clear with regard to members of Congress.
I have a feeling Jack Smith is working very much on this….
Flo: I surely do hope so. And...surely some of those people are up for re-election this year. How come no one is talking about it, filing papers to keep them off ballots? DT is the "big fish", but how about all those minnows? Or...plankton?
Agreed Dave. What’s the point of section 3 of the 14th Amendment if it is not applied when appropriate? I.e If not now, when?
I said the same thing about Trumputin's 2 impeachments -- if not now, when?
Anyone with common sense can see he is ineligible.
Dave, yet what law can stop the Gang of 6 from doing whatever it wants??? Trick question, there is no law stopping them. They ARE the law now
Agree!
I agree. The Supreme Court was not elected (nor appointed) to decide what is best for the country. They are there to interpret the law. The language of the 14th Amendment is clear and direct; so too is their task. And while I think this conclusion stands on its own, the plain language of the Amendment also offers a very democratic off-ramp for those so concerned about what's "best for the country:" If people don't like the result of the 14th Amendment's application, their elected representatives in Congress, by a 2/3 vote, can override it and put him on the ballot anyway. If someone is to make a judgement that having Trump face the voters is somehow best for the country, the drafters of the 14th Amendment assigned responsibility for achieving that result to Congress, not the Court. Perhaps I lack imagination, but again, I just don't see how this one is so complicated.
I agree and wonder about the potential outcomes of an election where the psychopath is not roundly defeated at the poles?
Look at what happens in the "elections" of countries run by dictators and. you will have your answer.
If Trump will not be excluded per the 14th Amendment and the election moves forward, what will prevent another January 6th-type debacle when he loses the 2024 election? The minions and MAGA loons will create more havoc as he whines and moans about a “rigged election”. I’m afraid for our country.
He's already whining and moaning and claiming election interference. He's the victim. He's by doing so he's already preparing his supporters to act should he run and lose. And, we will have a repeat of the aftermath of the last election but with more violence.
This is my fear. Trumpism is a cancer that is metastasizing out of control.
He’s also preparing them in case he does win. They will become his army to beat down any opposition to his rule.
Trudy, the difference this time, is Joe Biden. If a bunch of MAGA clowns tried the same thing, my bet is the reception at Congress would be armed and brutal. As it should have been the first time!!! I say bring it on.
I believe our republic stands on the brink of a precipice.
If, God forbid, trump wins we're screwed. He has already told us he's going to be a dictator, removing any doubt that the rule of law will stand.
If Biden wins, God willing and the creek don't rise, trump will claim voter fraud again and set his mob against the rule of law.
If trump is disqualified per the 14th amendment, he will foment violence in the streets. And this time the mayhem won't be so unorganized.
We need to do whatever it takes to get people to vote blue.
We need to encourage everyone to vote. Write letters, talk to people, volunteer.
Truly our republic depends on it!
If SCOTUS does not rule appropriately in this case, it WILL set a dangerous precedent. All states--even monarchies and dictatorships--are fragile, but democracies (or representative democracies) are especially fragile. We should have a good idea of which way they'll go after we hear oral args. on Thursday.
Good afternoon Joyce: I don’t care what the polls say about TFG being so far ahead in the polls. Most Americans know the score. Voting for him would be for lowering taxes for the very rich. Let’s be real here. The Maga cult are half crazy. And their base is only about 30 percent. Disinformation is a major concern but common sense tells us Grifters USA want to throw America under the bus 🚌 because they’re crazy. They do not have common sense. Most of us know better and will re-elect Biden in November. It’s the crazies we need to worry about fueled by Putin’s secret militia and complex strategies TFG has been planning since he left office. And the idea that he would have immunity from prosecution even after leaving office is just plain ridiculous. Not sure how we stop him but we will. It’s going to be all hands on deck here. And I hope Biden can have all available troops at the ready should anything appear to threaten the election process in November. There is no way he’s going to win. If we understand that, we too can prepare to avert any missteps when havoc approaches to deter mayhem because that is what the orange man is hoping for. Your accounting today is very much appreciated and all that you continue to do. 🗳️🙏🇺🇸🗽🗳️
Great post of encouragement!! I want to believe that we won’t be overrun by the crazies, but you’re right…..it’s all hands on deck to maintain our constitutional form of government. I heard JD Vance speak today and there is no doubt that authoritarian folk are pushing their agenda in any way they can. There is no attempt to hide their intentions. We need to take them at their word and VOTE BLUE.
Joyce, here is my dilemma on the 14th Amendment issue. It reads so clearly! And it is in the Constitution not some Federalist Paper or long-ago lower court opinion. Would a SCOTUS ruling against Trump put this issue to rest? No. Neither would a defeat in November. And if this doesn't rise to the level of being disqualified, why have qualifications at all? My preferred outcome is take him off the ballot and be prepared for the inevitable fallout. My prediction, however, is that the Court will skirt the issue.
I agree Mr. Roseen. A Trump defeat in November will just have him howling louder and longer. We've been this route before and the outcome wasn't pretty. But Trump will be out of office (not in D.C.) and likely defending himself in a bunch of courtrooms. I say remove Trump from the ballot.
And ensure that this vile criminal slimeballr is behind bars BEFORE the election!
Agree the SCOTUS is not going to let states take TFG off the ballot. That would require a level of courage in the application of justice they do not possess.
And after the blue tsunami in November that again leaves Trump an ordinary citizen, there will be a period of civil unrest by the uneducated that Trump declares he loves. He is so good at getting others to do his dirty work.
He and his team of plotters (plodders?) will try every sort of underhanded trick and make even more outrageous allegations. Election interference 2.0. Without a doubt, they'll drag out the tactics from the 2020 election, but fine-tuned a bit. False electors. Voting machine irregularities. Observers who mistake a ginger mint for a thumb drive.
I think Smith and Garland will let the election play out before they
*before they make their cases.
Agree. Robert Hubbell made this point when he wrote this in his newsletter last week:
"The courts are not coming to save us."
And that is a very dangerous strategy!
Cheryl, your statement is so true. There are NO current decision makers who could be candidates for Profiles of Courage. “That would require a level of courage in the application of justice they do not possess.”
In the words of Cicely Tyson " To soar toward what's possible, you must leave behind what's comfortable"; for SCOTUS to be the arbitrator, they may need to accept the fallout which comes when upholding their oath of office to make decisions which uphold our national constitution as it has evolved.
In my opinion Vance's interview was a disaster today. While there was some pushback he was mostly allowed to just spew the same old lies about 2020 election fraud and the cases against Trump being left wing and Biden election interference. They cannot provide proof of either and those lies need to be challenged forcefully and with facts during these interviews. They should not be allowed to get away with it.
I don't think it was a disaster. If you watched, George pushed back on virtually every point of treason puked out by vance, and masterfully cut him off with glee at the end. It was a televised castration if ever I saw one. I was SO proud of George!!
Heather Cox wrote an excellent article on the history of the 13th, 14th and 15th amendments to the Constitution today. It would seem that any "originalist" interpretation of those amendments would prohibit Trump from running or holding any elected office in the country. There are also, in Congress, other conspirators who should be removed and ineligible to run for re-election.
Totally agree that others in elected office should also be knocked off the ballot if the 14th amendment (Sec. 3) prevails.
At this point, it's virtually the entire Republican party!
And you must purge all of them from the public service.
Also see Timothy Snyder’s post today. He is adamant that Trump has disqualified himself:
Timothy Snyder’s post today is also excellent:
https://open.substack.com/pub/snyder/p/not-just-civil-war?r=8fpwo&utm_medium=ios&utm_campaign=post
I can’t help wonder whether there would be any fuss at all about Fani hiring a lover( or having an affair with an employee) if she weren’t black I’m disgusted
I was thinking the same thing. Not only is she not white, but she's a FEMALE after all. Means she's had two points against her since Day One, as far as he's concerned.
And a woman. A man seems to be able to take lovers and have children at will without consequences. Will it never end?
The article points out that she did NOT hire a lover. That is a very important distinction. The rest of the story? Better suited to the Nation Enquirer than to civil discourse.
Many couples, married or not, work together.. I think that if she were white it would not be an important distinction, but would be nobody's business but their own.
True.
I’m frustrated that a candidate (DJT or anyone) can run for President with so few requirements for candidacy. Can it be that age and citizenship are the only hiring criteria? And their financial disclosures should also be made upon filing. Even if tRump is a felon he isn’t disqualified? For the highest office in the country and the free world? Why are there not standards to be met upon applying, as with any other job in this country? With even a whiff of scandal a candidate should be denied, yet we all saw him on live tv not only obstructing the peaceful transfer of power by denying Biden’s transition team access to needed offices and information, but by inciting a rebellion on our sacred Capitol to prevent the official congressional ceremony to certify the votes for the instatement of the duly elected President Biden. He is clearly ineligible to run for office but also guilty of treason and should long ago have been required to step aside. God help us if a tyrant can just strong arm and bully his way into the office of the President of the United States of America!
Bully is what he is trying to do! He’s counting on his bull to push him though the rules, again.
I know it's not a legal argument, but if Trmp didn't want to allow the voters to choose the president in 2020, why should they get to possibly choose him in 2024?
Because he knows he has to allow an election to get himself elected so he can then use the military to turn himself into dictator, and he has said he will do that on the first day of office. So he is only using the process as a steppingstone to dictatorship. He acted like a dictator while he was in office from 2017 through 2020. That’s when he first gave Iran nuclear secrets over the objections of members of Congress from both parties.
Valere
Agree that the presidency is just a stepping stone. I think his motives are simpler than they look. Reclaiming the Presidency is just a tool to achieve these four things:
*avoiding prosecution ("pardon myself" I'm not going to jail);
*retaliation (for perceived wrongs. "Don't get mad - get even.");
*arrogance (narcissistic power over other people because he's smarter than everyone else);
*money ("everything I do for you has a price tag." Nuclear secrets weren't a freebie!)
Almost everyone goes through a stage in life where these things are important. It usually resolves around the 8th grade. A case of arrested development.
Agreed - and you have nailed it. Could the arrested development have occurred at age 3 in a temper tantrum?
Valere
Agree. Age 3 is more appropriate for those kind of tantrums!
What a week coming up. I am looking forward to listening to the audio feed on the 14 Amendment in Colorado. Let’s hope there outcome will be siding with the law. I believe Jack Smith will keep on pecking on Judge Cannon and Trump. Trump won’t back down but I think Judge Cannon will soon realize she is over her head.
I see Willis as a strong woman, although her misstep was very unfortunate, I think if allowed to try the case she will blow it out of the water.
So many Republican Senators, like J.D. Vance, are speaking craziness out loud. It makes you wonder?
Thanks for laying out this coming week. Speaking for myself, I’d be in the weeds without your knowledge and explanations.
Monica, years ago I clerked for a federal district judge, and in my experience, they are impervious to “pecking.”
Just trying to be hopeful with a nod to the chickens.
Monica, we cannot call this business with Fani a ‘misstep.’ If the affair began after the indictment was filed, which is what she claims, she was already in a criminal case involving one of the most important issues that has ever occurred in the United States. The president of the United States and his coconspirators tried to steal the election of the citizens of Georgia: some of whom elected her. One of the biggest fights that ever occurred in the United States of America was over how to count our votes for president. That’s how we ended up with the electoral college. it came about because of a compromise. It may not be perfect, but there hasn’t been anything else that replaces it. That fight, that was one by the way by those of our founders who defended the rights of American citizens to have a vote and a say so in the election of their president. They opposed those who wanted Congress to select the president. That fight went on for a long time and resulted finally in a compromise that we know as the electoral college . Our right to vote and have our votes count is precious. This is exactly what Trump wanted to take away from us. He wanted to take away from every citizen of the United States, which Jack Smith is fighting for every day of his life. And he wanted to take it away from Georgia because we have an audio tape that says so. But Fani Willis is telling the people of Georgia, and by extension, the people of the United States, that the case itself isn’t very precious to her. Trotting off with hot lips is more important. She put her personal desires ahead of her responsibility to the people of Georgia, and by extension to the people of the United States of America. There’s no other way to think about it. A ‘misstep’ is inviting the wrong person to a party or disclosing a friend’s confidence.’ This was a lack of judgment that she carried on for a period of time, and would most likely still be carrying on if the affair had not been disclosed. Then she was not forthright about admitting it. That makes one wonder if she was trying to figure out a way to cover it up and pretend it didn’t happen. Then when she knew someone had the goods on her, she decided to throw herself at the mercy of public opinion. That doesn’t work in this kind of high stakes scenario. There is no room for carelessness or risk or lack of judgment in a case of this magnitude. So whether she’s ‘able’ to try the case or not doesn’t matter. She may be capable of doing law, but her priorities are out of order, and we have no guarantee that she will ever give any degree of priority to this case. We wonder if she simply wants to be in the limelight? And that’s what Joyce is pointing to when she says she should back off with “humility.“ We are concerned about her priorities. A litigation like this isn’t simply a day job: it’s a night and day job until the job is finished. She doesn’t get this and we don’t think she will ever get it. Yes she can have a day off from time to time. But hot lips seems to be her priority and he might not be going away. People will have zero confidence in her ability to make good decisions. (He doesn’t make good decisions either). Being a litigator requires doing strategic planning at a very high level. It requires someone who is living, breathing and dying the case until it’s over. So if she couldn’t choose between dedicating herself to a very important case, and traveling with hot lips, she doesn’t have the ability to work this case. That’s my opinion. And I could care less if she has 10 affairs. That is not the issue . Being able to set aside your personal desires and wishes to finish out the case is my issue.
But Fani wasn’t doing strategic planning or buttoning up every single part of every single one of her RICO case involving multiple individuals, including the president of the United States of America. She was traveling with hot lips and celebrating getting three attorneys to plead guilty. That’s called ‘picking off the low hanging fruit.’ The case is hardly over at that point. Her reelection as a district attorney could come before the case is even tried. She doesn’t have any crystal ball. Does she have so much ego that she thinks she will be reelected? She was elected, not appointed. That’s a huge difference and she’s acting like a common politician.
She is also someone who is acting like this is her first trip to town in public life. One lives differently when you’re in this kind of extreme public exposure. For example, one doesn’t go out to dinner and have a single drink and drive oneself home (you plan ahead with a driver). She didn’t have enough sense to understand her responsibility doesn’t end on Friday night when she leaves the courtroom. My criticism isn’t that she had an affair. My criticisms surrounding the affair is that she was so stupid about it. If she’s stupid about that, she’s stupid about court. Not to be unkind, but it’s the stupid thing that is showing with Fani more than the morality. The complete lack of a moral compass with her boyfriend is another bothersome detail. He booted his wife of many years, left her with no income, while her father died. I will be disappointed if Fani stays on the case, and I have absolutely zero confidence that she can make any kind of strategic decision to bring it to a conclusion. And that’s the exact fodder she’s given Trump. They need to put her next in line deputy on the case and hire whoever they need as a consultant.
Valerie, you have assigned a lot of motive and generalizations to Ms. Willis. Perhaps it is reasonable to suggest she displayed a lack of good judgement based on the significance of this case. I might agree with that. However she has NOT forsaken her duties as prosecutor just because she has a relationship. It is not uncommon for couples to work together. And these two are on the same side of the courtroom. Perhaps she just desired privacy? However, we are all very aware that people in the limelight rarely are given privacy or even have the expectation of it in our culture. And most of all Trump is the biggest bully on the block and never misses an opportunity to badmouth a person!
Thank you Christine for pointing to this. I’m just so disappointed in what I viewed as her jeopardizing the case. Indeed, what may have been a powerful, working relationship will be capitalized on by Trump for sure. Again, I was just feeling deeply disappointed at the thought of her being required to resign.
And thank you for receiving my comments in the spirit in which they were intended. I share in your anxiety on this issue.
Of course Christine!
We have suffered collective PFSX since Jan 6. Some of us recognize it from prior diagnosis, and some folks are undiagnosed. But we are all suffering. The more invested we are in protecting our Republic, I think the more anxious some of us are.
I feel strongly that Joe Biden will be reelected. And the bicameral Congress will be blue, both Senate and House. And there will be a lot of work still to come, and a lot we will do together. This is such a lovely Substack - and I’m reminded of how Garrison Keillor used to talk about l
Lake Wobegon, where ‘all the children are above average.’ So as well, is Joyce’s Substack, where all of the readers are above average.’ 💙 and where all the women are strong ha ha 💪🏻 I guess the men are good looking too…
I’m an engineer not a lawyer but I saw what everyone else in the country saw on January 6th. Pretty clear what we witnessed was an insurrection that would not have occurred without the direction we all witnessed from DJT. Also would be a very hard sell for anyone to convince me that DJT should be anywhere near the White House. Without DJT none of this would have happened and it is quite obvious he’s running for president because he’s found a willing group of marks that send him money to pay for his legal issues and if he’s elected will be able to destroy the legal system that is going after him for his criminal existence.
Hear hear, Joe!
He will not be elected. I feel strongly that we will defeat him and reelect Joe Biden and we must elect both house and Senate Blue. 💙
With you in Michigan 1000% We will prevail!
Totally
Lot's to unpack here. First, I think JD Vance just got the not to be Trump's VP. Secondly, in my view, the issue with Ms. Willis is not unexpected as Trump and his sycophants are/will be looking at any way they can to deflect the reality he - and many others - attempted to overthrow the results of Georgia's state election results in 2020. Of course, as in all other examples of Trump's claim of a "rigged election" NONE of the republicans voted into office in 2020 - as far as I know - have complained about their own elections. Finally, and I have to say this as a 76 year old white man, I believe the FACT Fani Willis is Black pretty much says it all as to why her personal relationship seems to be such a problem. As far as I'm concerned, what she does in her private life is her business. But, of course, when it comes to Trump and republicans, interfering in people's private lives - especially women - has become second nature.
Well Mr. Vance, that comment just proves that you are not fit to be Vice President of the United States
Or to be a citizen of the United States of America!
What an upcoming week. I’m heading to Costco tomorrow with the pickup. The Honda Passport won’t hold enough popcorn.
Mark T, Love this. My neighbor used to buy those giant bags of Costco popcorn:)
Lol
The only ones who do not seem to be afraid of Trump is E Jean Carroll, her attorneys and Judge Kaplan. Others would do well to follow their lead. “He is nothing.”
This really goes to the fundamental question of who decides that a candidate is ineligible under the 14th Amendment and on what is the decision based? Does it come under the heading of states interpreting the Constitution or is this a federal decision? I.m not comfortable punting this decision to a court of lifetime appointees who have not bothered to disguise or act upon personal biases. And I doubt that SCOTUS would favor a patchwork approach by the states.
SCOTUS has the last word on the meaning of the constitution. The obvious big questions here would be "what's an insurrection?", "what conduct amounts to 'engaging in' an insurrection?" and "is s. 14(3) self-executing, or must there be some as yet unwritten mechanism to determine whether s. 14(3) applies to a particular individual?"
On the other hand, SCOTUS is not at liberty to contradict findings of fact made in state courts. Oh, except when it does, as occurs all too often in criminal cases, hot button culture wars and attacks on the administrative state.
I am with you Joyce, somewhere I wish that Trump stays on teh ballot and gets rejected by a wide margin. the Very democratic way, which doesn't prevent out awesome SC Jack Smith to continue relentlessly to have him get through a jury''s judgment, bless his heart., and his team's heart working relentlessly.
A to JD Vance, there is no word to qualify this person.
I remember reading an op-ed that bored millionaires and billionaires winning public office with no understanding of government wasn’t helping governance.