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ballot access election law judiciary

Democratic Mountain High

How to spark a civil war?

“A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot,” wrote David Knowles for Yahoo News. This will, of course, induce a “showdown in the nation’s highest court to decide whether the front-​runner for the GOP nomination can remain in the race.”

The idea — half plausible, I suppose — is that President Trump’s actions on January 6 spurred an insurrection attempt, therefore he is ineligible to run for any federal office.

But emphasize the half-​plausible, since, no matter how often Democrats repeat it, the rally-​turned-​mini-​riot-​turned-​incursion into the Capitol Building did not amount to anything like an insurrection. Capitol Hill interlopers on January 6 were neither prepared nor demonstrating a plan to overthrow the peaceful succession of power. 

They certainly didn’t try to take over the government.

Nor has Mr. Trump been convicted of any such thing.

But, as we all know, this is a controversial matter falling mostly on partisan lines (the Colorado State Supreme Court being made up entirely of Democratic appointees) … which makes interpretation of the third section of the 14th Amendment rather tricky.

The state-​by-​state lawsuits have been sponsored by progressive interest groups trying, desperately, to stop Donald Trump from pulling off a Grover Cleveland: returning to office after a fluke one-​term “pause.”

Yet, even if the Supreme Court balks at putting down this too-​clever-​by-​half-​plausible scheme, the best Democrats could hope for is preventing Trump from running in blue states with blue courts. Trump might still win despite not being on some state ballots. 

Or lose in an election obviously rigged because he is barred. 

A recipe for deep distrust, resentment and anger.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights judiciary

Untruth Speaker, Untruth Speaker

“You can’t call anyone a liar?” Judge Patricia Millett asked federal prosecutors, “with a tone of incredulity,” according to The Washington Post report.

Millett, along with Judges Cornelia T.L. Pillard and Bradley Garcia, serves on the three-​judge panel of the federal Court of Appeals for the D.C. Circuit. This week they devoted two hours to the appeal of a federal district judge’s gag order placed on former president Donald Trump.

Under Millett’s questioning, federal prosecutor Cecil VanDevender agreed that under the order Mr. Trump could say that someone testifying against him was “an untruth speaker” but not call that person a “liar.”

“He has to speak ‘Miss Manners’ while everyone else is throwing targets at him?” inquired Judge Millett. “It would be really hard in a debate, when everyone else is going at you full bore.”

She noted that the First Amendment importantly protects inflammatory speech, adding with some exasperation: “Your position doesn’t seem to give much balance at all to the First Amendment’s vigorous protection of political speech.”

Trump’s attorney argued that the current leading Republican presidential candidate has taken advantage of the order’s stay, pending this appeal, by “posting about this case almost incessantly since the day it was filed and they haven’t come forward with a single threat that’s even arguably inspired by any evidence in his social media posts.”

The three-​judge panel, at least as The Post reads the hearing’s tea leaves, “indicated it may narrow the order prohibiting the former president from attacking individual prosecutors … or from calling potential witnesses against him ‘liars’ in the heat of next year’s campaign.”

It should. Unless the speech is specifically criminal it should be freely allowed. Orange Man should have the same rights we all rightly possess.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights partisanship too much government

Insane in the Meme Brain

Sane Republicans do exist, says Hillary Clinton. Even in the House of Representatives!

We know this because they voted to continue federal government operations by raising the debt limit. Or so Mrs. Clinton says. It’s just “common sense”!

Talking with Christiane Amanpour on CNN, last week, the former presidential candidate explained that these sane Republicans are “intimidated,” adding, “they oftentimes say and do things which they know better than to say or do.”

To get to common ground with these compromised GOP folks, however, the measures that intimidate them — while exciting their extremist, insane MAGA proponents — must be roundly defeated. 

No compromise.

In times past, our representatives in Congress could work together; but back then, argues the former First Lady, U.S. Senator, and Secretary of State, “there wasn’t this little tail wagging the dog of the Republican Party.”

That is, conservative representatives would kindly admit defeat every time the green light was given to more and more spending. Now they won’t cooperate.

It’s extremism, in Hillary’s judgment, to oppose the ceaseless growth of the warfare-​welfare state.

But, Hillary being Hillary, she had a corker to unleash. “Maybe at some point there needs to be a formal de-​programming of the cult members.”

Just like Mrs. Clinton to generously offer re-​education camps to her opponents.

Followed by an admonition: “we have to be smarter.”

How is it smart (or sane) to continually grow the federal debt, its mere service now larger than the defense budget?

By talking about formally deprogramming MAGA extremists Hillary Clinton skillfully deflects her supporters’ attention from the real need: informally deprogramming their own insane debt-​piling status quo mindset.

This is Common Sense. I’m Paul Jacob.


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Accountability folly national politics & policies

Will We Comply?

“To every COVID tyrant who wants to take away our freedom, hear these words,” intoned Donald J. Trump, eleven days ago, “we will not comply.”

The former president did not stop there: “So don’t even think about it. We will not shut down our schools. We will not accept your lockdowns. We will not abide by your mask mandates. And we will not tolerate your vaccine mandates.”

While Trump still boasts about his vaccine heroism, his supporters range from iffy to hostile on the subject. So Trump positions himself against mandates and for “freedom,” while in the past he was for masks and for lockdowns, as well as pushing the novel vaccines that cleverly (and perhaps dangerously) leveraged the spiked protein protuberances on SARS-​CoV‑2.

Meanwhile, Dr. Anthony Fauci, whom Trump brought into the world conversation about the pandemic in 2020, is similarly trying to position himself with some trickiness and … care. 

Fauci foresees mask recommendations, but no mandates — but note that he focuses on what federal bureaucrats say and do, not on what governors in the states do under federal bureaucrats’ advisement. 

CNN’s Michael Smerconish interrogated Fauci about the many studies showing that masks are ineffective against respiratory diseases like COVID. 

Fauci’s reply? Against the big study cited here in February, Fauci mentioned “other studies,” lamely and unconvincingly. He admitted that, overall — as affecting the course of the pandemic — “the data” about mask efficacy have been “less strong.” But “on an individual basis of someone protecting themselves, or protecting themselves from spreading to others,” Fauci still insists “there’s no doubt that there are many studies” showing “an advantage.”

If you buy that, you’ll wear masks forever — or comply with anything.

This is Common Sense. I’m Paul Jacob.


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crime and punishment insider corruption national politics & policies

A Plausible Theory

A solid majority of Americans — a supermajority, even — are likely unaware that Donald J. Trump is suing Hillary Clinton and a gaggle of her cohorts for their part in the Russiagate hoax.

Though it has been reported on, here and there and now and then, I wasn’t aware until a few weeks ago.

Most major network news outfits do not make much of it.

Indeed, CNN’s initial coverage was quite instructive in how to downgrade a story in potential readers’ minds: “deep state” is in scare quotes and Hillary crony John Podesta is himself quoted as saying the suit was sure to be a “hoot.”

That’s the dismissive tactic of the current Vice President’s cackle. 

But this lawsuit may be the key to understanding what the FBI was really looking for during its documents raid at Trump’s Mar-​a-​Lago residence: the material he had collected to bring this lawsuit against his enemies who had tried to unseat him using farrago, fantasy, and fraud.

In The Epoch Times, Jeff Carlson expounds on this theory that Trump had the goods on Clinton and certain other players on her staff and within the FBI and elsewhere, and that the FBI was trying to confiscate and muddy up the waters about what documents may be used in Trump’s lawsuit.

Calling the raid “a targeted fishing expedition — designed to capture any and all information relating to the Russiagate hoax,” Carlson notes it comes “at the exact time that the DOJ is defending its actions taken in the Russiagate hoax in court against Trump’s RICO case.”

Evidence, over time, has indeed linked Russiagate directly back to Hillary Clinton’s 2016 campaign. Indeed, the Muller Report was  a jumble of nonsense and notoriously fizzled. The whole mess is indecent.

But the only thing we — outside the halls of power — can count on for sure is that the insiders cannot be trusted to do anything but protect their power.

This is Common Sense. I’m Paul Jacob.


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government transparency moral hazard national politics & policies partisanship

The Secret of the Second Impeachment

The impeachment that followed the events of January Sixth was … peculiar. President Trump had just a few weeks to go in his term, thus “removing him” on the way out seemed … almost pointless. 

And we quickly learned that the Senate wouldn’t hear the case until after Trump’s replacement was installed in office.

So why?

Had enough Republicans in the upper chamber jumped ship, what House Democrats would have obtained for their troubles was (1) a prohibition on Trump running again and (2) a twist of the knife.

Key word: Payback.

Democrats had never really “accepted” their defeat in 2016. So they played up Trump’s unwillingness to “accept defeat” in 2020. A poetic revenge — “with a twist.”

But this may have been more than merely partisan payback. 

Here’s the proverbial Rest of the Story: The lame duck president had been seriously considering pardoning Edward Snowden and Julian Assange. And that was something the permanent government of the intel agencies and military-​industrial complex could not allow. So, as Glenn Greenwald reported on Rumble, the Deep State’s most ardent Republican supporters in the Senate — Lindsay Graham being most prominent — threatened to vote against Trump in the impeachment proceedings if the president pardoned either of those … heroes.

By impeaching Trump, Democrats not only humiliated the man, to the extent he could be humiliated, they scored a political win against Snowden and Assange, two men who had humiliated the establishment in general and their party in particular.

The big winner? The Deep State.

And the real loser? Not Trump — the American people.

Because we are left with a Leviathan that spies on us and lies to us.

This is Common Sense. I’m Paul Jacob.


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