Posted on 10/30/2023 11:32:10 AM PDT by SoConPubbie
He has not been convicted of anything. Only wrongfully accused of.
Idiot
Starting this trial without an actual guilty verdict regarding “insurrection”, kind of undermines the entire premise?
Trumps words will come back to bite them.
They let them in.
"CO SecState Griswold: ‘Real Questions’ if the Constitution Disqualifies Trump from Presidency"
FR: Never Accept the Premise of Your Opponent’s Argument
Not only are some anti-Trump articles that reference Section 3 of the 14th Amendment to try to keep hopeful Trump 47 from being reelected a second time not actually showing Section 3, but consider that Jim Jordan had indicated on FN that Section 3 doesn't mention anything about keeping people out of the Oval Office.
"14th Amendment, Section 3: 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 [emphases added], or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
The drafters of Section 3 were evidently not trying to repeal constitutional due process for impeaching a president which desperate Democrats and RINOs had twice failed to do with their mock impeachments of Trump 45.
And since corrupt Congress cannot be expected to apply Section 3 to itself, it's up to us Democratic and Republican Trump supporters to effectively apply Section 3 to Congress.
More specifically, Trump supporters need to get ready ASAP to primary ALL state and federal lawmakers and executives up for reelection in 2024, except for MTG, Gaetz & Company, Jordan (and others?).
After all, lawmakers and executives continue to show that they do not have the patriotism and leadership skills necessary to find legislative support for effective remedies for unconstitutional government policies.
Patriots need to replace incumbents with patriots who will not only help hopeful Trump 47 to finish draining the swamp, but will also support Trump in leading the states to repeal the 16th (direct taxes) and 17th (popular voting for federal senators) Amendments (16&17A) after they win office.
Consider the repealing of 16&17A as reparations for taxpayers for having to pay a lifetime of unconstitutional federal taxes, taxes that Congress cannot reasonably justify under its constitutional Article I, Section 8-limited powers and a few other constitutionally enumerated expenses.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
“If the tax be not proposed for the common defence, or general welfare, but for other objects, wholly extraneous, (as for instance, for propagating Mahometanism among the Turks, or giving aids and subsidies to a foreign nation, to build palaces for its kings, or erect monuments to its heroes,) it would be wholly indefensible upon constitutional principles [emphases added].” — Justice Joseph Story, Commentaries on the Constitution 2 (1833).
From the congressional record:
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves [emphasis added]. It seems to be the law of our general nature.” - Thomas Jefferson (Letter to Edward Carrington January 16, 1787)
Pelosi: "We have to pass the bill so that you can find out what is in it." (non-FR; 6 sec.)
Democrats [and RINOs] Are Terrified Of An Educated And Informed Public (3.12.23)
Patriots, let's not allow ourselves to be fooled for a third time in 2024 by the corrupt, constitutionally undefined political parties that have pirated control of state and federal governments.
The definition of insanity is reelecting your beloved career state and federal lawmakers and executives over and over again, expecting those same politicians to find remedies for unconstitutional government policies every time.
Finally, as a side note to this post, consider that probably the main reason that we hear media complaints about the electoral college is the following imo.
The electoral college is now the only thing stopping the corrupt political parties from permanently establishing a puppet presidency that will unquestioningly sign unconstitutional taxing and spending bills into law.
Apparently this ignorant tw&t never heard the principle of “innocent until proven guilty.”
Oct 16, 2023 · The data, released Monday, shows that while violent crime dropped nationwide in 2022, it increased in Colorado, continuing a COVID-era trend.
“Dirty Jena” is married to Mohamed Enab, who is probably a closet Hamas supporter.
Colorado Ping ( Let me know if you wish to be added or removed from the list.)
The top part is his words that are on every recoding of the speech, the other two are the tweets he made that day.
NO insurrection, unless peacefully is a call to insurrection.
They cannot be allowed to gaslight this! We saw with our own eyes and heard with our own ears!
Section 5:
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.Thus it's up to Congress, not any state officials or any judges, to determine how to enforce this. Any efforts to act based on this should get thrown out promptly if they can't point to some active federal legislation authorizing their efforts. But IIRC there isn't any. What was written after the civil war to do that was overturned by subsequent federal legislation. Had the left really wanted to use this, instead of spending their full control of government on fake impeachments and J6 hearings they could have rammed through unpartisan legislation to reactivate this. They are free to try to get such past Mike Johnson now. I doubt they'll get very far. Although maybe they'll give Mike ideas for how to write it the proper way—to use on them and their election theft insurrection—if Trump wins with majorities in both houses. Section 3 offers a way to clean out a lot of bad actors you'd otherwise be stuck with or fighting piecemeal. But like Pandora's box it's a VERY risky precedent. However, THEY opened this box first and Johnson likely understands the risks very well. As a constitutional lawyer on whose state it would have been used during Reconstruction.
Given Biden’s participation in the Russia Collusion hoax, does it preclude Biden?
Real question if Jena Griswold belongs in Canyon City’s Super Max or just some squalid county jail’s women’s road gang.
In 1967, Polish mercenary Rafal Ganowicz was asked what it felt like to take human life, “I wouldn’t know, I’ve only ever killed Communists”.
Probably Palestinivermin - Mohamed Enab.
In the Martin Mull movie “Serial,” way back in 1980, a Marin County family leaves California for Colorado at movie’s end. It has been going on a while. Long before Bush and Cheney. The state went for Clinton one of his elections.
As for Arizona, the actual votes or demographics don’t matter. The Democrats stole three elections here in a row. Last time they took all the good offices and tossed the GOP state treasurer and state mine inspector. The Republican vote count was pretty large for those. They had quite a laugh.
She’s a bimbo, always was.
They are citing the 14th amendment, but what about the 5th amendment's protection that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury...?" Where is the indictment that this court is hearing? What state law is the indictment citing?
There is U.S. Code, but that is outside the jurisdiction of a state court.
In 50 U.S. Code Title 50—WAR AND NATIONAL DEFENSE, specifically 50 U.S. Code CHAPTER 13—INSURRECTION, all of the individual sections refer to "state[s] in insurrection," not individual citizens.
This is understandable given that the 14th amendment was in response to the Civil War and the seceding states (states in insurrection), not individuals per se. Section 3 of the 14th amendment was written with the idea of preventing the office holders of Confederate seceding states from holding offices in the United States.
Therefore, I believe that "insurrection" in the 14th amendment was meant to apply first to the several states.
There is also 18 U.S. Code § 2383 - Rebellion or insurrection:
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.However, individual citizens would not have the wherewithal to undertake an actual insurrection against the federal government. They would need a much larger organization than a militia group, they would need the organized people of entire states to actually pull off an insurrection.
Therefore, I believe that a state must be in open rebellion before the citizens of that state can be held for insurrection under Title 18.
That is why the 14th amendment excludes the office of the President. It includes members of Congress and the Electoral College, because these are positions that represent individual states. Federal representative officeholders of states in insurrection are the target of the 14th amendment. The President is the executive of the entire federation of states and is therefore excluded from the 14th amendment.
If Congress tried to pass a new law to define insurrection as inciteful speech in front of a large crowd near the Capitol in order to use it as the basis for charging President Trump, it would be an ex post facto law if applied to Trump. A law like that would have to already be on the books to apply to the January 6 speech. A new law would only apply to future speech.
I doubt that 18 U.S. Code § 2383 - Rebellion or insurrection, by itself, would be enough to indict an individual without there being a larger entity like a state involved that is in open revolt.
A court cannot try someone based on a phrase in the Constitution, there has to be a law that was broken with sufficient evidence for a grand jury to indict. So what indicted charge is this Colorado judge holding court for?
-PJ
Election by lawfare
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