Tag Archives: Constitution

R.I.P. – D.O.J.

A former Director of the Federal Bureau of Investigation has been indicted on the direct order of the President of the United States.

Let that sink in. I’m sure that this thing happens all the time in Russia. Or China. Or North Korea. Or Iran. But I can’t think of anything comparable ever happening in the United States of America.

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OMG

I am in shock. OMG. I find myself agreeing with Ted Cruz, Republican, Senator from Texas, in his takedown of Tim Kaine, Democrat, Senator from Virginia.

In a Senate Foreign Relations Committee hearing Kaine took issue with the opening statement of Riley Barnes, who has been nominated to serve as assistant secretary of state for democracy, human rights and labor.

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He don’t know

On Meet the Press NBC’s Kristine Welker asked Donald Trump, “don’t you need to uphold the Constitution of the United States as president?”

“I don’t know,” Trump replied.

Excuse me while I reach for my bottle of Excedrin.

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The Supremes Vote

One thing is clear about this year’s election for president. The Supreme Court intends to cast its vote. The Court, driven by the conservative majority, rushed to hand Donald Trump a victory the day before Super Tuesday, the day fifteen states, including Colorado, hold primary elections. It even went as far as to announce on a Sunday that it would be handing down a ruling the next day. And it leaked the subject so loudly every story that night predicted it would be a decision in Trump v. Anderson.

In Trump v. Anderson, all nine justices agreed that states lack the power to enforce Section 3 of the 14th Amendment against presidential candidates. All nine justices ruled in favor of Trump on this question. I’d like to pat myself on the back here because I predicted this outcome not long ago. I’d like to, but I won’t, because nearly every other court watcher made the same prediction.

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The Nuts Factor

This is nuts. That’s all I could think as I listened to D. John Sauer, an attorney for Donald Trump, with Trump sitting in the front row of the courtroom, tell a panel of the United States Court of Appeals for the District of Columbia that it should overturn a decision of the district court and dismiss the federal indictment against Trump for crimes connected to the January 6, 2020, mob assault on Congress.

To recap, on August 1, 2023, Special Counsel Jack Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected (opinion here) Trump’s claim, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling.

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Enter the Supremes

Update December 28, 2023

There are reasons why journalists usually write analysis and commentary only after a breaking event has settled. Today Maine’s Secretary of State, Shenna Bellows, disqualified former President Donald Trump from appearing on the state’s 2024 Republican primary ballot. Her decision was based on the 14th Amendment of the US Constitution, which prohibits anyone who has “engaged in insurrection or rebellion” against the United States from holding office.

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The One That Counts

Donald Trump‘s dance card is filling up. Trump has now been indicted by a third grand jury, this time for his actions following the 2020 election. Trump is accused of attempting to stop the peaceful transfer of power and deny the right of American citizens to elect their president. There has never been anything like this in the history of the United States. The outcome will determine what kind of a nation we want to be.

This is the Case that Counts

In a series of investigations, two previous indictments, two impeachments, and several civil lawsuits, Trump has been accused of crimes committed as president and after he left office. The charges range from business fraud to the illegal retention of classified material to the destruction of evidence.

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