Showing posts with label The 2021 Insurrection. Show all posts
Showing posts with label The 2021 Insurrection. Show all posts

Tuesday, March 19, 2024

The Post Insurrection. Part IX. The waiting upon justice edition.

 

March 15, 2024

March 19, 2024

Trump, who represents that his assets are vast, is not able to post a bond covering the full amount of a $454 million civil fraud judgment against him during appeal and has related the same in a filing in court.  He's seeking not to have to post bond.

If the Court does not grant him relief, execution on the judgment could start immediately.

Cont:

Donald Trump is suing ABC News and George Stephanopoulos over comments made in the last This Week episode in the Nancy Mace interview.

Last prior edition:

The Post Insurrection. Part VIII. The tangled web edition.

Monday, March 4, 2024

The Post Insurrection. Part VIII. The tangled web edition.

Oh, what a tangled web we weave when first we practice to deceive.

Sir Walter Scott, Marmion.


January 3, 2024.

Donald Trump's is appealing the ruling of the Secretary of State that Trump cannot stand for election under the 14th Amendment.

January 4, 2024

Trump is now appealing the ruling of the Colorado Supreme Court that he cannot be on Colorado's ballot as he's an insurrectionist. The state's GOP had already filed an appeal.

More properly, this is a petition. The U.S. Supreme Court does not have to take the matter up.

January 6, 2024

The current docket at the Supreme Court on the Trump v. Colorado case:

Jan 03 2024Petition for a writ of certiorari filed. (Response due February 5, 2024)
PetitionCertificate of Word CountProof of Service
Jan 03 2024Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 04 2024Letter from counsel for respondent Colorado Republican State Central Committee filed.
Main Document
Jan 04 2024Brief in response to the petition for a writ of certiorari of respondent Norma Anderson, et al. filed.
Main DocumentOtherCertificate of Word CountProof of Service
Jan 05 2024Petition GRANTED. The case is set for oral argument on Thursday, February 8, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Thursday, January 18, 2024. Respondents’ briefs on the merits, and any amicus curiae briefs in support, are to be filed on or before Wednesday, January 31, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, February 5 2024.
Jan 05 2024Amicus brief of Republican National Committee and National Republican Congressional Committee submitted.
Main DocumentCertificate of Word CountProof of Service
Jan 05 2024Amicus brief of States of Indiana, West Virginia, 25 Other States, and the Arizona Legislature submitted.
Main DocumentCertificate of Word CountProof of Service

January 9, 2024

An actual exchange in a Federal Appellate Court where Trump's claims for immunity were heard today.

Judge:  "I asked you a yes or no question. Could a president who ordered S.E.A.L. Team 6 to assassinate a political rival (and is) not impeached, would he be subject to criminal prosecution?"

Trump attorney says "qualified yes -- if he is impeached and convicted first."

The entire qualified immunity argument is legally infirm in the first place and needs to go.  This will probably help make it go.  Apparently, the judges weren't impressed with Trump's lawyer's arguments at all.

January 19, 2024

A court in Oregon determined Trump can remain on the ballot there.

Trump's lawyers filed their briefs in the Supreme Court case on the 14th Amendment yesterday.

January 27, 2024

E. Jean Carroll was awarded $83.3M in her defamation case against Donald Trump.

This will be appealed and it's likely that it'll actually not be paid in that amount.

February 6, 2024

No immunity.


Of course, who really thought there was?

Unfortunately, the delay in issuing the opinion has resulted in the postponement of the trial originally scheduled for March.

Cont:

Matt Gaetz and Elise Stephanik have co-sponsored a resolution that Donald Trump did not engage in insurrection or rebellion against the United States on January 6, something that clear is an attempt to address the 14th Amendment in that insurrection may be excused under it.

Having said that, a resolution that it didn't occur will not excuse it, and this will not get through the Senate.

February 8, 2024

Based on today's oral arguments, it appears likely that the Supreme Court is not going to disqualify Donald Trump under the 14th Amendment.

February 13, 2024

Defendant Trump is seeking a delay in his election interference trial, hoping to push it past the election, when he'll next hope that he can avoid it while President.

February 16, 2024

Nor really related to the other post insurrection legal woes that Donald Trump faces, his trial related to Stormy Daniel's hush money is set to commence on March 25.

In a more decent era, his payment to Daniels for sex would have ended his political career, but we obviously no longer live in a decent era.

In Georgia, Fulton County District Attorney Fani Willis testified regarding her relationship with the prosecutor assigned in the Georgia RICO action.

In another matter which is tangentially related to Trump's legal woes, House Republican effort to impeach Biden, which are monumentally improper, took a blow when Alexander Smirnov, an FBI informant was charged with fabricating a bribery scheme involving President Biden, his son Hunter and a Ukrainian company, which is what the attempt to impeach him is based on, other than on a desire for revenge.

Cont:

Trump has been found liable in New York in the civil fraud trial in the amount of $364,000,000 and is barred from doing business in New York for three years.

February 23, 2024

Trump's daughter-in-law who is campaigning for appointment to the RNC declared that Republican voters would likely welcome using RNC funds to support his legal battles.

I'd strongly question if this was legal, and frankly it likely opens the RNC up, in my view, to a Rico charge.

February 29, 2024

A Court in Illinois has ruled that Trump is banned from the Illinois ballot under the 14th Amendment, but stayed her decision until Friday in order to give him time to appeal.

The United States Supreme Court will take up Trump's immunity appeal, which will further delay his January 6 trial.  

At this point, I think it highly unlikely that the January 6 trial will be heard this year, which means that it likely won't be heard until 2028, which is s true injustice.

March 4, 2024

And now the Supreme Court has ruled. Trump stays on the ballot, insurrection notwithstanding.

The basis is that Congress hasn't enacted a law to enforce the 14th Amendment and the Court finds it not be a self enacting statute




Secretary of State Gray chimed in:

Secretary Gray Applauds Supreme Court Decision Keeping Trump on Ballot in 2024

     CHEYENNE, WY – On March 4, 2024, the Supreme Court of the United States issued a unanimous decision reversing the Colorado Supreme Court’s December ruling to remove Donald Trump from the ballot in 2024. Wyoming Secretary of State Chuck Gray previously filed an Amicus Curiae brief with the Supreme Court of the United States, arguing that the Supreme Court should reverse the Colorado Supreme Court’s decision to bar Donald Trump from the ballot under Section Three of the Fourteenth Amendment. Secretary Gray’s brief argued that Trump did not engage in an insurrection or rebellion, nor give aid or comfort to the enemies of the United States.

     “I am extremely pleased with the Supreme Court’s decision reversing the Colorado Supreme Court’s repugnant ruling,” Secretary Gray said in a statement. “As Wyoming’s chief election officer, I filed an Amicus brief in January asking the U.S. Supreme Court to reverse Colorado’s outrageously wrong and unprecedented decision. For this, I have been repeatedly attacked by the radical left-wing media, and even members of the Legislature, for my efforts to ensure that Trump will be on the ballot. Today’s unanimous decision keeping Trump on the ballot marks vindication for the truth and for liberty. As Secretary of State, I will continue to fight to ensure the People of Wyoming can choose who to elect for themselves.”

Last Prior Edition:

The Post Insurrection. Part VII. The Insurrectionist.


Related Threads:




Saturday, January 13, 2024

Involvement.

Q: “You had argued, after voting to acquit the former president that presidents are not immune from prosecution is that still your view?”

McConnell: “I choose not to get involved...and comment about any of the people running for the Republican nomination.”

That is getting involved. 

Turning a blind eye to evil is, well, evil.

Tuesday, January 9, 2024

Elise Stefanik. Lying bad example.

Kristen Welker:  "Do you think it was a tragic day? Do you think that the people who stormed the Capitol should be held responsible to the full extent of the law?"

Elise Stefanik: "I have concerns about the treatment of January 6 hostages."

Ms. Stefanik, you are a Catholic and lying on something like this is a grave sin.

And you are a mother.  Your child is learning to be reprehensible through you. 

Sunday, January 7, 2024

Disgust

Probably for the first time ever, I quit listening to Meet The Press as the guest, Elise Stefanik, was so absurdly vile in her answers.

She should be ashamed.  Her district should be ashamed.  Mammals should be ashamed.  It was appalling.

Thursday, December 28, 2023

The Post Insurrection. Part VII. The Insurrectionist.

August 3, 2023

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Fourteenth Amendment, Section 3.


Called for a Federal takeover?

The defendant will have some sort of initial appearance in court today on the latest charges.

August 15, 2023

Trump Indicted In Georgia

Make no mistake about it, this Georgia indictment is far more serious trouble for Trump than anything that came before it.

He will be convicted.

He cannot pardon himself (he can't anyway, but he'd try) for State crimes.

It's likely that he's going to go to prison.  If convicted, he will be ineligible to serve as President.  It will spark a Constitutional crisis, as he's already shown that he'll try to disregard the Constitution and his followers will as well.

It will go, in that scenario, if he were to be elected, to the Supreme Court.

The Court will rule him ineligible.  It will have to, in part because he will be, and in part because if it does not, it will destroy the Court.

A normal person, including a normal politician, wouldn't put the country through this.

August 16, 2023

But Trump, as we know, is not normal.

One thing I'm glad to see about the Georgia indictment is lawyers included in it. As a lawyer, the entire Trump episode has really drug the profession into the mud, if I'm to put it politely, and that includes the lawyers currently defending him.  

Everyone has a right to a defense, but that doesn't justify a lawyer taking any defense.  Right now, Trump would be best served by lawyers who were telling him to negotiate, not defend, and so would the nation. Instead, he'll fight it out and the lawyers who are providing him with a defense will go home with a tidy sum, probably, fate the nation irrespective.

That this earlier collection may serve time is a good thing.

August 23, 2023

Another weird blathering from the former President.



August 23, 2023

John Eastman, who traded his role as a law professor to being an advisor with a crackpot legal theory in Trump's effort to subvert the vote, surrendered to Fulton County authorities.

It's interesting in that he cited the right of attorneys to advise their clients as a defense.  Attorneys do not have a right to advise their clients, but not with made up crap that justifies anything.

But that's exactly what attorneys in the US have been doing in some instances for years, and with impunity.  If nothing else comes out of this, that this may have reached its limit is at least a good thing.

August 25, 2023

Booked in.

September 1, 2023

John Eastman and Rudy Giuliani are complaining about being indicted for giving legal advice.

Frankly, it's about time that lawyers giving batshit crazy legal advice bore some penalty for it, no matter how polished the crap may be.

Trump's trial in Georgia will be livestreamed, which I feel to be a mistake, quite frankly.

September 6, 2023

Trump has been found liable in the E. Jean Carroll defamation case, so when it proceeds to trial on January 15, the only issue will be damages.

September 9, 2023

DA Wills replied to Representative Jim Jordan, giving him a dope slap.

This is thick with irony.  Not only has Willis basically told Jordan he's a butt sitting ignoramus, but Jordan's actions flew in the face of a favored populist idea that states have supremacy over the Federal Government.  Willis actually exercised an example of where the states are in fact supreme, state criminal charges.

It has also been learned that the grand jury wished to bring in broader referrals than actually resulted in charges, including one against Lindsey Graham.  I tend to agree with the prosecutor's choice to limit the number of accused to what was done, but that should be a warning signal to Trump et al. The Grand Jury was obviously irate, and the criminal jury is likely to be as well.

October 5, 2023

Mike Lindell, the "my pillow" guy who became a fanatic Trump backer, is seeing his lawyers attempt to withdraw from representation in defamation suits against him for non-payment.

All lawyers are mercenaries, something clients are oddly inclined to forget.

October 20, 2023

Sidney Powell, lawyer who supported Trump in crackpot election theories, plead guilty to six misdemeanors in Georgia, thereby avoiding trial.

It's likely that part of the deal that lead to this means she'll now turn on her former political champion, who will in turn be dissing her with nicknames soon.

In a court hearing yesterday, one of Trump's lawyers more or less called the court's judicial law clerk stupid, which was a very stupid thing to do. The court ordered an apology.

October 24, 2023

Jenna Ellis has now plead guilty, expressed remorse for having become tied up in the matter, spoke unkindly of Rudy Giuliani.

Where are all those people who were claiming the prosecutor made a strategic error in this matter?

November 14, 2023

While it will make no difference to his followers, former Trump lawyer Jenna Ellis' proffer to Georgia prosecutors has been released.  In it, she states that Trump official Dan Scavino told her that Trump would refuse to leave the White House despite losing the election.  There was apparently more damaging information, but it was not released.

This came before the assault on the capitol.

Ellis recounted the exchange coming when she apologized for the lack of success in the absurd post election litigation, something that was never going to work  In reply to this Ellis recounted:
 
"And he said to me, in a kind of excited tone, 'Well, we don't care, and we're not going to leave, And I said, 'What do you mean?' And he said 'Well, the boss', meaning President Trump -- and everyone understood 'the boss,' that's what we all called him -- he said, 'The boss is not going to leave under any circumstances. We are just going to stay in power. And I said to him, 'Well, it doesn't quite work that way, you realize?' and he said, 'We don't care.'"

This should really lead to sedition charges against Trump, which have never been filed, in part due to the absurdly slow pace that American justice currently works at.  The fact that hasn't occured is putting Trump in a position to imperil American democracy again.  Should he live through a four-year term, should he be elected to the discredit of the country, it's not impossible to imagine him refusing to leave office.  My guess is that there certainly will be an effort to repeal the Constitutional amendment limiting Presidents to two terms.

November 22, 2023

While I failed to post it at the time, the Court in Colorado found Trump to be an insurrectionist, but then bizarrely found he could remain on the ballot.

Of interest, laymen seem to find this ruling confusing, but it isn't.  His being found to be an insurrectionist was likely a relatively easy call, given the mountains of evidence as to what occured on January 6 and thereafter.  Sooner or later, the glacially slow process will result, I suspect in his being charged with being a seditionist, and he'll be likely to be convicted.  The real question is whether that will occur in 2024, or 2029.

Anyhow, the part that's a big aggravating is the court's leaving him on the ballot, but then Colorado's judges stand for retention and this was somewhat of a safe way out of this for the Judge.  Her ruling was massive, and I've linked it in elsewhere, but it shouldn't be too difficult to find for those wishing to.  I've linked it in the following quote:

A better ruling, however, would have been that he was ineligible to be on the ballot.  Some excellent commentary for that is available here.

Now Trump's legal team is trying to certify the question of his having been an insurrectionist to the U.S. Supreme Court.  My suspicion is the Court won't take it.  If it does, this will prove to be a massive legal mistake, as my guess is that the Supreme Court would uphold the Colorado ruling.  Trump's team, however, must be worried that other courts will give the ruling full faith and credit.

Also, in an effort to have a gag order lifted, Trump found himself faced with a Federal tour de force on what they intend to show at his Federal trial. They intend to maintain that he was an agent in a conspiracy giving rise to the insurrection.

These two things together are really monumental, quite frankly. The Federal Government intends to show that Trump was a seditious insurrectionist. The Colorado trial level judge has already said he was an insurrectionist.  He's now taking this latter matter to the U.S. Supreme Court. . . if they allow the certification, which they likely will not, in an effort to hold that ruling off.

If the U.S. Supreme Court upholds the Colorado ruling, it may have the effect of amounting to res judicata on that issue, disqualifying him from the Presidency, and basically getting to a conviction, almost, in Federal Court before he's even tried there.

November 23, 2023

The Colorado Supreme Court is taking up the issue of the 14th Amendment in an appeal from the district court.

My prediction here is that it will adopt the district court's finding that Trump is an insurrectionist, but remand for an order depriving him of a position on Colorado's ballot.

This holding, should it come first, will then be used as a persuasive argument, or even on a full faith and credit basis, in other states.

December 1, 2023

The court in New York reimposed a gag order after a series of harassing Trump statements about the Court and its personnel.

December 7, 2023

The Colorado Supreme Court heard oral arguments on the Colorado 14th Amendment case yesterday.


December 9, 2023

One I managed to miss earlier this week, Wyoming Secretary of State Chuck Gray, Missouri Secretary of State Jay Ashcroft and Ohio Secretary of State Frank LaRose filed amicus briefs in the Colorado suit.

December 11, 2023

Trump will not be testifying at his civil fraud trial today, no doubt because his lawyer want him to shut up.

December 24 2023

The Colorado Supreme Court upheld the lower court's decision that Trump is guilty of insurrection, but remanded the court's decision that he wasn't subject to the 14th Amendment.  He is therefore barred from Colorado's ballot.

The Republican Party of Colorado has petitioned the U.S. Supreme Court for review.  Trump indicates he intends to do the same.

That will prove to be a massive, campaign ending, error, should the Supreme Court take the matter up.

The Michigan Supreme Court rejected a 14th Amendment claim against Trump, holding he can remain on the ballot there.

cont:

Colorado Supreme Court Ruling in Anderson v. Griswold Appealed to U.S. Supreme Court

Denver, December 28, 2023 - The Colorado Republican Party has appealed the Colorado Supreme Court’s decision in Anderson v. Griswold to the U.S. Supreme Court. With the appeal filed, Donald Trump will be included as a candidate on Colorado’s 2024 Presidential Primary Ballot when certification occurs on January 5, 2024, unless the U.S. Supreme Court declines to take the case or otherwise affirms the Colorado Supreme Court ruling.

Secretary of State Griswold has commented: “Donald Trump engaged in insurrection and was disqualified under the Constitution from the Colorado Ballot. The Colorado Supreme Court got it right. This decision is now being appealed. I urge the U.S. Supreme Court to act quickly given the upcoming presidential primary election.”

On December 19, the Colorado Supreme Court ruled Donald Trump is ineligible to appear on the Colorado 2024 Presidential Primary Ballot due to the Fourteenth Amendment to the U.S. Constitution. The Colorado Supreme Court simultaneously stayed that ruling until January 4, with that stay remaining in place in the event of an appeal.

Key Upcoming Dates:

  • January 5: Deadline for Secretary of State Griswold to certify the names and party affiliations of candidates on the 2024 Presidential Primary Ballot.
  • January 5: U.S. Supreme Court conference day
  • January 20: Deadline for 2024 Presidential Primary Ballots to be sent to military and overseas voters.
  • February 12: First day 2024 Presidential Primary Ballots can be mailed to active registered voters.
  • February 26: First day of in-person voting for the 2024 President Primary.
  • March 5: Colorado 2024 Presidential Primary Day, polls close at 7:00 PM Mountain Time.
cont:

Frankly, the decision above by the Colorado Secretary of State, unless there's more to it that I don't know, is flat out wrong.  Her court has decided that Trump is unqualified. An appeal doesn't matter without an order from the appellate court staying the decision.

She's wrong.


Maine won't be the last state to decide in this fashion, and now there's a split set of decisions. The Supreme Court will have to intervene.

Last Prior Edition:

The Post Insurrection. Part V. Wyoming politicians react to the Trump Indictment and pour another heartly glass of Trump flvored Kool Aid for the voters.


Blog Mirror: Adler: A law court will affirm Colorado's ruling on Trump

 

Adler: A law court will affirm Colorado's ruling on Trump

Monday, November 20, 2023

The 2024 Election, Part IX. The Biggest Danger To The World Edition.

Donald Trump poses the biggest danger to the world in 2024

What his victory in America’s election would mean

The Economist

November 18, 2023.

I'm starting this a bit earlier than normal (I still had room to post on the last one), but the dawning realization that not only that it's possible that Trump might win, but rather that he will, is finally sinking in. The Economist got to this point after I did.

Democratic pundits like Robert Reich and Donna Brazile are going to keep on saying that we shouldn't worry, things will be fine.  Baloney, worry, things aren't going to be fine. Joe Biden is not going to suddenly pull the rabbit out of the hat.

Nor are voters going to suddenly realize that the economy is doing well and love Biden. This vote isn't about the economy.  Indeed, the fact that the economy is doing well in part provides the luxury to focus on social issues in a time of extraordinarily extreme stress.

Democrats need to move to the right, and right now.  If they don't, they're going to hand this election to Trump, and we'll have four years like we've never seen before.  Part of that means dumping an 80-year-old candidate that people don't like, and his highly annoying left wing running mate.  And right now.

From our last edition:

Overall in the Republican race right now, the following are the serious candidates in terms of still (sort of) being contenders against Trump.

Trump.

Doug Burgum

Chris Christie

Ron DeSantis

Nikki Haley

Asa Hutchinson

Of the above, Hutchinson should drop out, as his campaign is gaining no traction and is essentially the same as Christie's.  Burgum should drop out as well as his campiagn has generated little interest, mostly due to his own waffling on Trump.

GOP candidates still around that nobody is paying any attention to are:

Scott Alan Ayers   

Ryan Binkley

Robert S. Carney 

John Anthony Castro

Peter Jedick   

Perry Johnson

Perry Johnson   

Donald Kjornes

Mary Maxwell   

Glenn McPeters

Glenn J. McPeters    

Scott Peterson Merrell   

Darius L. Mitchell   

Vivek Ramaswamy

Sam Sloan   

David Stuckenberg   

Rachel Swift

Of these, only Ramaswamy is newsworthy, but most due to his being noisy and somewhat of a gadfly.  So, in terms of real candidates, what the GOP actually has is:

Trump.

Doug Burgum

Chris Christie

Ron DeSantis

Nikki Haley

Asa Hutchinson

Vivek Ramaswamy

On the Democratic side, there are actually just about as many people running, but really only Biden and Dean Phillips are serious candidates. . . so far.

Regarding efforts to keep Trump off the ballot, the trial court in Colorado found that Trump did engage in insurrection, but that the office of the President was not included in "officers of the United States" to which the Fourteenth Amendment applies.

Some really excellent commentary on this can be found, interestingly enough on Twitter, on this feed:

Lex Anteinternet
Reply
"acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means." The court thus found as both fact and law the preconditions to the former president's disqualification under Section 3.
7
3.1K
But then, accepting wholesale the former president’s tortured constitutional arguments, the court held that the Presidency of the United States is not an “office under the United States” and that the former president
22
2K
was not an "officer of the United States" and did not take an oath to “support the Constitution of the United States” in 2016 when he took the presidential oath in Article II, Section 1, Clause 8, to “preserve, protect, and defend the Constitution of the United States."
35
2.2K
It is unfathomable as a matter of constitutional interpretation that the Presidency of the United States is not an “office under the United States.” It is even more constitutionally unfathomable, if that's possible,
47
4.4K
that the former president did not take an oath “to support the Constitution of the United States” within the meaning of Section 3 when he took took the presidential oath “to preserve, protect, and defend the Constitution of the United States.”
18
3.2K
The Constitution is not a suicide pact with America's democracy. Indeed, it is the very contrary in this instance. It is plain that the entire purpose of Section 3, confirmed by its literal text,
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2.9K
is to disqualify any person who, having taken an oath to support the Constitution, engages in an insurrection or rebellion against the Constitution. The former president did exactly that when he attempted to overturn the 2020 election and remain in office
12
3.1K
in rebellious violation of the Constitution's Executive Vesting Clause, which prescribes the four-year term of the presidency.
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November 20, 2023

In something really scary, in context, given his recent tweets, former President Trump, the GOP front-runner was filmed serving an early Thanksgiving dinner to uniformed personnel reported to be Texas National Guardsmen and "border patrol agents" who are more likely Texas law enforcement officers.  Many of them stopped to have their picture taken with the former President, who now has one judge on record with an opinion that he has been an insurrectionist.

The U.S. military, although less so the National Guard, has traditionally been non-political.  Indeed, up until World War Two military officers regarded it as a personal duty not to vote.

Last prior edition:

The 2024 Election, Part VIII. Speeding toward the missing bridge