Tag: Trump

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ballot access election law ideological culture

The Colorado Gambit Crushed

Colorado, Trump, election, democracy

The Supreme Court unanimously nixed the clever scheme to keep Donald Trump off the Colorado ballot. The court explained its actions in the second paragraph of its anonymously written March 4th ruling: “Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse.”

That’s it. The 14th Amendment, which the Colorado gambit relied upon, does make Congress the instrument for preventing “an insurrectionist” from serving in office.

So Colorado’s ploy to rig the 2024 election out in the open has been stopped. And good thing, too, since the political repercussions could have been … harrowing. 

A lot of commentary and reporting on the ruling has been devoted to pushing what was not covered. Take the CNN article by John Fritz and Marshall Cohen, “Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered.” It is hard not to interpret such headlines as providing excuses to partisan Democrats — in this case those at CNN — who had put so much hope in Colorado’s (and other states’) taking of the Trump matter into their own hands. 

“But while the unsigned, 13-​page opinion the Supreme Court handed down Monday decisively resolved the uncertainty around Trump’s eligibility for a second term,” the article explains, “it left unsettled questions that could some day boomerang back to the justices.”

True enough, but so what? Take the first mentioned: “Could Democratic lawmakers, for instance, disqualify Trump next January when the electoral votes are counted if he wins the November election?”

Well, no. 

The 14th’s third section does not list presidents as barred by insurrection: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-​President,” it says. Electors of. But not the President and VP.

I’m sure the Supreme Court would be happy to expedite an opinion to that effect should the Democrats attempt anything that stupid.

This is Common Sense. I’m Paul Jacob.

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crime and punishment Second Amendment rights social media

A Gun with His Name On It

Trump, Glock, self defense, 2nd Amendment

An “X” post by a Trump spokesperson implicated the former president in a crime.

What followed implicates the U.S. Government in something far worse.

But first, to clarify:

  1. By “X” I mean “Twitter.” Remember, Elon Musk changed the name of his social media company.
  2. By “Trump” I mean, of course, Donald John Trump, former president of the United States running the same office, a man surrounded by armed guards at all times.
  3. By “crime” I mean an infraction of federal law, not a willful abuse of someone’s rights at common law. 
  4. The crime in question is the act of receiving “any firearm or ammunition which has been shipped or transported in interstate or foreign commerce” by a person “under indictment … a crime punishable by imprisonment for a term exceeding one year.” Trump’s been indicted quite a number of times, recently, and therefore isn’t legally allowed to buy a gun.

The initial tweet said Trump admired a Glock that had his name stamped on it. It was the “Donald Trump edition,” gold-​colored, retailing for under a thousand bucks. Trump’s on video saying he wants one of these handguns.

When X went all a‑twitter with the implications, spokesman Steven Cheung took down his post and the campaign issued a corrective: “President Trump did not purchase or take possession of the firearm. He simply indicated that he wanted one.” 

This is all explained by Jacob Sullum at Reason, who goes on to indicate that the law makes no real sense. The obvious absurdity of not allowing a well-​guarded presidential candidate to guard himself with gun of any kind, that’s one thing. Flouting the Second Amendment by prohibiting the innocent, i.e. not yet proven guilty, from bearing arms, looks far worse — a policy of rights suppression.

This is Common Sense. I’m Paul Jacob.

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Corrigendum notice: a correction was made late on the date of publication [Trump is not a “Jr.,” as originally stated].

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crime and punishment election law partisanship

Election Challenge Criminalized?

Trump, election, indictment, votes, legitimacy

Another day, another indictment of former President Trump. This one, out of Georgia, would criminalize election challenges.

Jonathan Turley observes that in this fourth indictment, “every call, speech, and tweet appears a criminal step in the conspiracy. District Attorney Fani Willis appears to have elected to charge everything and everyone and let God sort them out.”

This is the kitchen-​sink, banana-​republic approach to “justice.” Facts? Plausibility? Irrelevant when the would-​be one-​party regime has a target in view.

In masterful understatement or point-​missing, Turley writes that the “greatest challenge for Georgia is to offer a discernible limiting principle on when challenges in close elections are permissible and when they are criminal.”

But how can it ever be criminal simply to challenge election results or call for a recount or plead for further investigation of the flimsiest of allegations, even via imperfect phone call?

The “limiting principle” operative here is obvious. Is the challenger on our side or the other side? Our side, the challenge is legal. Other side, it’s illegal, prosecutable. This is Willis’s “principle.”

Per Turley, it’s important for campaigns to seek judicial review of an election “without fear of prosecution.” Yes, important. But from the perspective of those who want to prevent other-​side campaigns from seeking recourse when an election is close or seems pockmarked by fraud, what’s important is making sure other-​side campaigns do fully feel this fear.

The bad guys already understand what’s at stake, what Mr. Turley is so carefully explaining as if they are perhaps only a little confused.

This is Common Sense. I’m Paul Jacob.

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general freedom media and media people U.S. Constitution

We’ll Keep It

Constitution, news media, Trump

An answer is warranted. 

When a former president of these United States asks a question of such magnitude, as Donald J. Trump did last week on Truth Social, how can we not respond?

“So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party,” Mr. Trump inquired, “do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION?”

Trump is, presumably, referring to Elon Musk’s recent release of information about FBI communications with Twitter during the 2020 campaign, with the Feds suggesting that stories about the Hunter Biden laptop were likely Russian disinformation — even though the FBI knew at the time that that it was Hunter’s laptop. For the FBI to work to discourage media platforms from providing such information to the public is deceptive and wrong. It should be investigated and, depending on the evidence, prosecuted to the full extent of the law. 

Such collusion is even more destructive of our democratic system when done with partisan political motives. Which may now be SOP at the Bureau. 

So, let’s answer Mr. Trump’s questions. “No,” per declaring him the winner and sending President Biden packing. And a no-​go on a new election. Of course, there is one in 2024, and Trump is a declared candidate.

Yes, the news media is largely dishonest, drunk with their power and deluded into thinking they should keep information from us if it might make us vote contrary to their desires. Moreover, the Deep State is actively colluding with them (and vice-​versa) to warp public opinion. 

Trump argues that this new information “allows for the termination of all rules, regulations and articles, even those found in the Constitution.” He’s dangerously mistaken.

Who would “terminate” these laws and constitutional provisions? His dear friends in Congress, The White House, the FBI and DOJ? Unelected judges — who’ve already ruled against his campaign? A mob, pray tell? 

No, thanks. That Constitution? We’ll keep it. 

This is Common Sense. I’m Paul Jacob. 

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media and media people national politics & policies

Insincerely Simulated Insanity

The Washington Post, war game, election, Trump

“What’s the worst that could happen?” 

That question, splashed across the lead opinion offering in Sunday’s Outlook section of The Washington Post, was answered by the sub-​heading: “The election will likely spark violence — and a constitutional crisis.”

Happy Labor Day!

Rosa Brooks, a Georgetown University law professor and co-​founder of the Transition Integrity Project, authored the commentary about a group of political insiders — “some of the most accomplished Republicans, Democrats, civil servants, media experts, pollsters and strategists around” — she assembled for “a series of war games” about “a range of election and transition scenarios.”

The group “explored” four different simulations: “a narrow Biden win; a big Biden win …; a Trump win with an electoral college lead but a large popular-​vote loss, as in 2016; and finally, a period of extended uncertainty” as the country witnessed following the 2000 election.*

“Over and over, Team Biden urged calm, national unity and a fair vote count,” explained Brooks, “while Team Trump issued barely disguised calls for violence and intimidation against ballot-​counting officials and Biden electors.”

Team Biden participants included John Podesta, Hillary Clinton’s 2016 campaign chair; Donna Brazile, Al Gore’s 2000 presidential the campaign chair; and former Michigan Gov. Jennifer Granholm.

“Team Biden repeatedly called for peaceful protests, while Team Trump encouraged provocateurs to incite violence,” she added, “then used the resulting chaos to justify sending federalized Guard units or active-​duty military personnel into American cities to ‘restore order,’ leading to still more violence.”

“In each scenario, Team Trump — the players assigned to simulate the Trump campaign and its elected and appointed allies — was ruthless and unconstrained right out of the gate,” informed the professor. 

Wait … who were these Team Trump “players”? 

Conservative Bill Kristol, a longtime #NeverTrumper and “one of President Trump’s most vocal opponents,” was one. Another was former RNC chairman Michael Steele, who has not only endorsed Biden, but serves as a senior advisor to The Lincoln Project, now spending millions on attack ads against the president.

Shamefully unfair and intellectually dishonest by Professor Brooks — and the ‘dying in partisan darkness’ Washington Post. 

But here’s the rest of the story … 

Even with Bidenites played as angels and Trumpians as devils, both Biden victory scenarios nonetheless resulted in peace by Inauguration Day. 

Not so for a Trump win … which “the Left” is not projected to peacefully accept. 

This is Common Sense. I’m Paul Jacob.

* Obviously not considered was Trump winning a solid majority of the vote. Not likely according to today’s polls, but if polls had been accurate in 2016, Trump wouldn’t be president.

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national politics & policies

Of Bats and Debates

bat, flag, debate, Trump, Biden, Obama

How batty is 2020’s politics?

Adding one absurdity upon another, a minor party candidate got attention this weekend for something even more bizarre than Biden’s bumbling or Trump’s trolling:

She got bit by a bat and is now undergoing painful treatment for rabies.

Her name is Jo Jorgensen, Libertarian Party presidential candidate. 

So far, reports on this development have focused on her Twitter account, where jokes abound. 

But what dominates her Twitter feed are the usual-​for-​Libertarians demands that she be included “in the debates.”

What debates?

Is anyone certain that there will be debates at all? Behind in the polls, Donald Trump seems eager to debate, but … Joe Biden?

Well, the Biden camp has agreed to three debates and the candidate says he is “so forward looking [sic] to have an opportunity to sit with the president, or stand with the president, in debates.” But Trump wants more.

And some Democrats want none, for in that same interview (which has gone more viral than rabies), as elsewhere, Biden made so many bizarre gaffes that most folks are beginning to assume that, against the Donald, Biden might wilt worse than a vampire in sunlight.

Biden, who will not even attend his own ostensible nominating convention, remains largely sequestered, under cover of panicky pandemic protocols. Unless the Democrats somehow replace him, the odds of there being debates at all seem low. 

And if Trump’s too much for Biden, what is a Libertarian to the two major parties? The Libertarians have been excluded for a reason.* Introduction of substantive, orthogonal-​to-​the-​duopoly ideas into a national debate might show the major parties for what they are: cognitively challenged.

What a year! Bats.

This is Common Sense. I’m Paul Jacob.

* Amusingly, Donald Trump called the exclusion of challenger parties “disgraceful” … back when he was in the Reform Party. I doubt he’d be on board the #LetHerSpeak campaign today — unless he was certain there would be no debates.

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