Posted on 10/30/2023 9:05:42 AM PDT by ChicagoConservative27
I watched to opening of the trial this morning on Bannon’s War Room. It is a shoe trial. The bitch judge needs to be removed from the bench and thrown in prison until she rots to death.
Yeah, she just guaranteed Trump the win.
Our justice system has broken down. Our judges need to summarily dismiss these cases.
Isn’t this the clown who was boinking the Red Chinese spy? Geez. What a brazen, snotty little biatch.
Everyone should see this opening trial . If there’s any doubt as to what the commies are up to this will seal it.
Swalwell was on the House January 6 committee and gaveled in the House of Representatives on January 6, 2021. He’s THEIR expert witness.
In a just society, everyone on the January 6 committee would be executed.
“Rep. Eric Swalwell (D-Calif.) is expected to testify. . .
Looks like they’re bringing the “big” guns. Looks like it’s time for DJT to throw in the towel.
how does a state judge get to rule on a U.S. constitutional issue ?
so his position is 'A mob disrupted the democratic process in 2020, I mean, we still installed Biden so not really, but go with me here. So that happed and now we must disrupt the democratic process by ruling that a guy who is leading in the polls against our deeply disliked guy so he is not allowed on the ballots based on some other people did something. You could leave it to voters but they might do the wrong thing so you guys should just decide the winner here now'
Good plan, they'll probably go for it. And I'm not kidding about that.
Banging on doors is not an insurrection. The only one killed on January 6th was Ashli Babbitt by the Pygmy cannibal Byrd.
Byrd was itching to kill a MAGA member. He got his chance and took it, knowing that no jury in DC would convict him with murder.
The Deep State scumbags know their days are numbered. Payback is coming.
If I had been treated like they have treated Trump, and then back in the President seat.. My first week would be to take care of every one of them who got pleasure going after me and my family.
I don’t know what is legal.. But they would be on their knees.
I had Bannon on this morning and he was running the court proceedings in Colorado.
The prosecuting attorney laid out everything was Trump’s doing on Jan 6.
Now we know Pelosi refused to have any kind of military help, And we know the f b I was there on Jan 6, opening gates..
But everything he laid out out vwas all Trump.. Lie after lie.
Hard to watch!!
The Defense table should prominently display an extra large bottle of Gas-X when Swalwell takes the stand.
The problem with banging a Chinese spy is after an hour you want to betray your country again.
What's interesting is that 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 future 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, as you point out, 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.
P.S.
President Andrew Johnson was from Tennessee, one of the states of the Confederacy. The 14th amendment was ratified in 1868, and Johnson became a Senator from Tennessee in 1875. Should the 14th amendment have prevented Johnson from serving as their Senator seven years after ratification? The answer would be no, since Johnson was the Vice President during the Civil War, despite his home state being on the rebel side.
Interestingly, when Johson ran for the Senate in 1875, three former Confederate generals and one former colonel were also running for the seat. This means that section 3 of the 14th amendment apparently wasn't being followed in 1875 (or they were granted special pardons by President Johnson).
-PJ
later
As of 1878 the one former President who could have been affected by Section 3, John Tyler, had been dead for more than a decade and therefore was highly unlikely to be a Presidential candidate in the future. (Voter in a Presidential election, perhaps.)
Andrew Johnson had never supported the Confederacy so could not have been affected by the 14th amendment. He had handed out pardons like Hallowe’en candy in the latter part of 1865, which is why the 14th amendment was crafted to prevent former Confederates who had been pardoned from running for office...unless they obtained a vote of Congress waiving the disability in their case.
Look at the wording of the 14th amendment. Sec. 3 does apply to individuals who "shall have engaged in insurrection or rebellion."
It doesn't say anything about having to be charged or convicted of insurrection. So being accused of insurrection by a leading politician of the opposing party should be good enough.
So it's not a coincidence that the Left and the media changed the word peaceful protest to "insurrection".
I believe that it didn't matter whether an oridnary citizen of a Confederate state supported the rebellion or not; being a citizen of the state was enough to be considered "in rebellion" unless one chose to flee the state. That's why ordinary citizens were given blanket pardons unless they met one of the 14 specific exclusion requirements like being an officer above the rank of Colonel in the Confederate army, or being a landowner worth more than $20,000.
Johnson was excluded because he was Vice President.
-PJ
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