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Sunday, December 24. 2023A few Sunday linksThe student loan scam It’s Almost 2024 And Doctors Are Still Misleading The Public About Youth Gender Medicine ALAN DERSHOWITZ: Doctors Without Borders Needs To Be Investigated For Acting Like A Hamas Front Group The Progressive Approach To Homelessness Comes To Madison, Wisconsin Kimball: Will The Guardians of The Narrative Win? We watch the unfolding of an unedifying spectacle Stuart's Miscellany If Rumors About Who's Running the Show Are True, It'll Be a Very Houthi Christmas Biden Might Lose, So Screw the Constitution Trackbacks
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"ALAN DERSHOWITZ: Doctors Without Borders Needs To Be Investigated For Acting Like A Hamas Front Group"
Lots of NGO and UN organizations have revealed their true ideological colours since 7 October i.e., confirmed our suspicions about them. It is a worldwide Marxist/Fascist/Communist movement. Call it the left or the far left but it is old fashioned Marxism and it will end in WW III and 50 million dead. This is how all Marxist/communist movements end.
Would it surprise anyone, if the grand strategic plan, as outlined in Prosperity Guardian, was to abandon trillions of dollars of USN ships to Iran?
Hot Air was part of the sniveling nit wits the foisted Joe Biden upon us. Never Trump, they proclaimed. Let’s put the adults back in charge. QUOTE: Biden Might Lose, So Screw the Constitution . . . As it is a violation of a law, an insurrectionist must be convicted to be defined as such. Well, no. Alexander H. Stephens, the Vice President of the Confederacy, was never convicted but was barred from office. QUOTE: In other words, you can’t just say, “He is an insurrectionist,” and Wham! he is ineligible to be president. Colorado had a evidentiary hearing. Colorado law requires a preponderance of the evidence, but the trial court found clear and convincing evidence that Trump had engaged in insurrection, a finding upheld by the Colorado Supreme Court. QUOTE: One would have to assume that the US Supreme Court will overturn this decision That is highly probable, but that doesn't make the Colorado decision the same as "screw the Constitution". The Supreme Court could find that there has to be a uniform rule, requiring the Congress to act. See Fourteenth Amendment, section 5. QUOTE: Think about his argument, which is coherent: “insurrection” has a legal meaning, and Trump hasn’t been convicted of it, and hence cannot be punished for it It is not a punishment to prevent someone of insufficient age or not a citizen to run for Congress, another federal requirement that is enforced by the states. QUOTE: Saturday Miscellany: Almost everyone considers it an appallingly anti-democratic gesture. Unfortunately, polls suggest that a majority of Americans favor the decision. That's funny. Except for the part of the amendment that excludes the president.
The amendment also grants Congress the power to make laws to enforce it but they didn’t bother to do that. And then there’s that damned Fifth Amendment that says, “… nor be deprived of life, liberty, or property, without due process of law…” mudbug: Except for the part of the amendment that excludes the president.
Section 3 doesn’t exclude the presidency. The legislative history shows that the presidency is considered to be an office. Notably, the president’s oath of office specifically says, “I will faithfully execute the Office of President of the United States”. mudbug: The amendment also grants Congress the power to make laws to enforce it but they didn’t bother to do that. As already noted. However, the clause uses the term “shall” meaning it is self-executing. Still, the Supreme Court may find that a uniform standard is required. mudbug: And then there’s that damned Fifth Amendment that says, “… nor be deprived of life, liberty, or property, without due process of law…” As noted, there was an evidentiary hearing, and precedent is that a criminal conviction is not required. "Well, no. Alexander H. Stephens, the Vice President of the Confederacy, was never convicted but was barred from office."
More half--more like eighth--truths, little fella. Disregarding the fact that comparing Trump's actions to those of Stephens is ludicrous, the ban was only temporary--he was elected to the US Congress in 1873, served, and was later elected governor of Georgia. He died in that office. But that's OK, keep showing us who you are, happy as a clam to let four people decide who can and can't run for president, finally ridding us of this turbulent priest. The following is code for "Go take over the government", but the only one around here smart enough to decipher it is Zachie-poo... “You’ll never take back our country with weakness. You have to show strength, and you have to be strong … I know everyone here will soon be marching over to the Capitol building. To peacefully, patriotically make your voices heard.” SK: the ban was only temporary--he was elected to the US Congress in 1873, served, and was later elected governor of Georgia. He died in that office.
That’s because the Congress used its power under Section 3 to remove the restriction with the Amnesty Act of 1872. Until then Stephens was barred from office even though he had never been convicted. Congress--elected representatives of the people--correcting a mistake--nice. They should try it more often.
And now we have what amounts to a star chamber deciding who can and can't run, with no ability by the "accused" to subpoena witnesses, to cross examine. And I'm supposed to be worried about Trump? Keep telling us who you are--it's helpful. SK: Congress--elected representatives of the people--correcting a mistake--nice.
It was hardly a mistake. Stephen’s was clearly not eligible under Section 3 before Congress removed the disability. SK: And now we have what amounts to a star chamber deciding who can and can't run, with no ability by the "accused" to subpoena witnesses, to cross examine. That is incorrect. There was a five-day trial that included witnesses under direct and cross examination, along with other evidence. Colorado law requires a preponderance of the evidence, but the court found “clear and convincing” evidence that Trump engaged in insurrection per Section 3. "That is incorrect. There was a five-day trial that included witnesses under direct and cross examination, along with other evidence. Colorado law requires a preponderance of the evidence, but the court found “clear and convincing” evidence that Trump engaged in insurrection per Section 3."
Right, in the civil case--almost the entirety of the evidence presented before the judge in the case--there was NOT a jury--was mostly gleaned from the J6 hearings, at which there were no Republican cross examinations. This is a gross denial of due process in one of the most important cases in history and the fact that you're sanguine about it puts the lie to your pose of objectivity and probity. Have a merry Christmas, and don't celebrate too soon--the tiny cabal of elites you want to run the country hasn't won yet.
#4.4.1.2.1
SK
on
2023-12-25 08:18
(Reply)
SK: Right, in the civil case-
You had falsely claimed there was no ability to call witnesses or to cross examine. Colorado allows voters to bring suit in the state to challenge a candidate’s qualifications. See Sections 1-4-1204, 1-1-113. Don’t worry. The decision will likely be overturned by the U.S. Supreme Court.
#4.4.1.2.2
Zachriel
on
2023-12-25 08:38
(Reply)
Y"ou had falsely claimed there was no ability to call witnesses or to cross examine. Colorado allows voters to bring suit in the state to challenge a candidate’s qualifications. See Sections 1-4-1204, 1-1-113."
I lost in a pre-submission edit the point I was making that much of the "evidence" presented was obtained from the J6 hearings, an extraordinary proceeding in which Republicans supporting the president were nearly shut out from participation and prevented from cross examining witnesses. My post was confusing because of that. It's frustrating not being able to edit after submission. To your second point, the suit was put together by a DC based "advocacy group", (funded in part--no surprise and I'm sick of hearing the name myself--by people like the Soros folks), not organically by a group of Colorado voters. The only part that seems odd is that Andrew Weissmann himself didn't argue it. Again, the fact that you think all this is peachy isn't a surprise. It's a little sad, but not a surprise. It just crushes your credibility on anything you say, but that sort of self abuse seems almost fetishistic with you. I agree about SCOTUS likely overturning it, another reason there would have been some nice symmetry if Weissmann had argued the case--he's accustomed to that.
#4.4.1.2.2.1
SK
on
2023-12-25 19:39
(Reply)
If blue states can remove Trump from the ballot because of a fake insurrection, red states can remove Biden from the ballot because of very real unconstitutional and traitorous actions on his part. It very well could reach a point where neither of them could be elected.
Of course we all know that it is not consistent with the constitution to remove Trump from any state ballot. But our courts are so corrupted by the radical left that no one really knows how they will rule on this. I'm betting the Supremes rule against Colorado 8 to 1 with KBJ being the dissenting vote. I'm not sure she has actually read the constitution. OneGuy: If blue states can remove Trump from the ballot because of a fake insurrection, red states can remove Biden from the ballot because of very real unconstitutional and traitorous actions on his part.
Disagreement with policy is not grounds under Section 3. The Colorado courts found that Trump was acting outside his role as president when he engaged in the J6 insurrection. The U.S. Supreme Court will almost certainly overturn the Colorado court. Immigration law, as passed by congress is not the same as immigration policy as practiced by Biden. Biden took an oath to enforce the laws as passed, not his policies. He can be removed for failure to enforce the law.
That's the new standard in this lawfare. Have your biased court decide someone you don't like broke a law that doesn't exist or apply and then you are free to take extra-legal action. Turn around is fair play.
OneGuy: Have your biased court decide someone you don't like broke a law that doesn't exist
The Fourteenth Amendment exists. The clause at issue concerns insurrection, not policy differences. And the Constitution provides the states with protection from invasion. We see the invasion at the southern border and we see the government doing nothing about it. Remove Biden for failure to protect the states from invasion. His policies are not protecting the states. They are a threat to the states.
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