Agreed....Dems must fight. But I fear they have made a strategic decision to submit meekly and seek wins where they can?? This strategy is a loser. Why would people vote for these spineless wimps if they don't fight?? Clinton said....'People will vote for strong and wrong rather than weak and right.'
All I can think of as an opinion after watching Biden's own so called loyal and biggest supporters until that obviously rigged debate is its about Money. They would rather keep their fat bank accounts and affluent lifestyles ,role play as our defenders and give inspiring speeches about party loyalty, but bottom line is its still a patriarchal Good Ole Boys club with Rich Dems, and Elitist donors calling the shots even as we lose our ability to end this Travesty before it begins for real. Sometimes I get the feeling I am watching a play unfold before my eyes as the actors are interchangeable as they spend our money and make promises that never materialize. AOC more than deserved her shot and the people were Gung ho and having her become what she has worked so hard to be. An honest to God public servant and spokesperson of the people. Instead an 80 something old man is a predictably placed where she rightfully belongs. They Know that We Know how Bad it will be for not just Americans,but the rest of the world as well. Real heroes are hard to come by,especially in the political theater. It's Money that makes fuels the Machine in Washington. I will keep fighting the good fight and hoping for justice, but we can't let up for one minute if we want to send a message of unity and demanding that those who have the power to get this ship turned back towards Democracy must step the fuck up and work for us instead of pretending to do the right thing
The argument should be that Congress already has decided that Trump engaged in an insurrection because that's what the second impeachment was about. The house voted yes sending the articles of impeachment, and t the senate majority failed the number required to remove which was irrelevant anyway since Biden was in office already, but was still a majority.
But I think the bomb threats in Georgia deserve another look. They impeded the vote, and it's wrong to dismiss this lightly.
And just to tbc, I don't think a success of removing Trump at this point would actually be a success because we'd likely end up with a president Vance who wouldn't be less corrupt, less pliable to foreign dictators or less racist.
Disqualifying Trump does not invalidate the election. Afaik the election is tossed to the House which then elects the president with each state having one vote.
No but doesn't unseating the electors mean that in and electoral tie the deciding vote is the VP? This was what DJT was trying to mount with Pence but he refused because he knew there wasn't a disqualifying event re Biden or fraud or what have you (Pence was known to be an astute rules person and knew how things worked on the hill). In this situation, there is a disqualifying event and the person disqualified isn't actually in the office or part of the current process or overseeing certification but was impeached for the disqualifying offense. The Dems have a legit qualification issue in front of them and are looking away? The AOC thing is the tell that they are running the old machine Dem plays and going along to get along instead of using the laws as they were designed for the most legit outcome. At stake is not the next election, it's control of the largest military apparatus in the world and public conversations about breaking up the US, NATO, Europe, parts of Asia and the Arctic along regional fault Ines of influence. I don't think the seriousness can be overstated and I wish Dems would pull the trigger and set it all in motion.
What Trump wanted Pence to do was to object to legitimate electors from certain states which was illegal.
If Harris had won, she'd certainly have been presented with fake electors again she'd have had to reject. As matters stand there will be nothing wrong with the electors (Dems might have challenged the result in Georgia because of the bomb threats but that's too late now and likely wouldn't have succeeded as well.
The question the Supreme Court should be forced to answer is if he engaged in an insurrection (he lastly has). They tried to shift it to Congress but Congress in my eyes has answered that question in the affirmative.
I wish Harris would make the Supreme Court decide but it doesn't look like that.
In any way I doubt that the Supreme Court would remove Trump now after they put him on the ballot, the constitution be damned.
Oh right thanks for refresher on that part of the garbled mess of the last 8 yrs, I agree re Georgia and didn't understand why there wasn't pushback and calls for recounts up the yinyang, goose and gander. Is it an existential threat or not for him to control the worlda largest military??? C'mon. You think the only legit mechanism is for KH to sue DJT and make supremes rule in his favor (which I agree would be likely) and then she'd be hanging from the capital? Idt they take the case unless Congress forces them by refusing to certify. What happens if certification fails?
That's a very good argument about the second impeachment. I've heard that Dems weren't going to impede trump's ascension but I hope I'm wrong about that. Or if that is what they said, that they weren't being truthful because they plan to make objections to the electors since he is ineligible. I've been bothered by the silence of the Dems and the lack of a call for a recount or audit of a probably stolen election. Maybe they're silent because something like this is being planned?
Allison, why do you keep saying that the SC said 14/3 was not self-executing and that Congress would have to act to apply it? That's not true. Those comments were part of the dicta which came with the decision and have no force of law behind them. The decision they made only applies to States allowing him onnthe ballot. That said, the implication of the dicta indicates how they might rule later.
SCOTUS"s interpretation certainly doesn't fit letters of the amendment but as long as SCOTUS is considered legitimate as it is now the interpretation stands.
I understand, but it seems you.might have missed my point. SCOTUS didn't rule on the validity of 14/3. Dicta are merely added comments and have no legal force behind them.
The ruling of SCOTUS food not involve saying whether Trump engaged in insurrection but rather required Congress to do so. Most legal experts therefore are saying that Congress needed to do it, though Seth Abramson pointed me to the second impeachment which fulfills the requirement. I don't see why it shouldn't apply.
It is a straightforward question. The Colorado Supreme Court ruled that Trump was guilty of insurrection or aiding insurrectionists. (the language in 14-3). The US Supreme Court did not address this. They only discussed that a State Court could not disqualify a federal candidate. It is left hanging out there that Congress must determine if Trump is eligible to hold office. I say he is not. If declared ineligible, all his electoral votes would be disqualified.
I’m in complete agreement. I too am not a scholar or politician but I can read. Section 3 states, in no uncertain terms, that if you have taken an oath (Trump definitely has) and participates in an insurrection, (Trump certainly did) then you, Mr. Trump, are not able to hold an office of the United States. Let it be said, let it be done!
Please go to www.nowmarchorg. People who are fighting for our democracy, who don’t want to see Trump elected will be marching peacefully. For information about this look up Jessica Denson’s podcast, “Lights On”. It’s on YouTube. She is fighting for our democracy and so am I. I can’t be there, but donated on the site!! Please tune into Jessica. She is awesome and has given me hope that we can make a difference!!!!
Some of the Trump electors themselves are not eligible to be electors because they participated in the fake electors scheme as part of the larger insurrection plan. But that wouldn't change things because eligible Trump electors could just be substituted.
You may not be a lawyer, AG, but you are a English speaker, and the meaning of the statute is clear. Congress can vote to reject electoral votes for candidates who are disqualified and Trump Is Disqualified for office.
Trumpers played the long game with this whole thing. Perhaps anticipating this ECRA issue, and certainly knowing the insurrection disqualification clause, they went to the SCOTUS to concoct the bogus immunity decision... and to toss the 14th amendment case brought by Colorado. At first it seemed the immunity case was a way just to get out of the Jan 6 case, but your essay presents a bigger story: to overcome the ECRA provisions, or certainly making it very difficult.
“I’m certain that there aren’t the votes in the Senate to pass legislation declaring him ineligible.” IIRC it will take 2/3 of both houses to rule him eligible, considering he’s already been found guilty of insurrection in Colorado by their State Supreme Court! I’ve called my Senators and a number of members of Congress, challenging their sworn oath and duty, to uphold the rule of our Constitutional laws. I was hoping everyone would do likewise! I’m proud of your efforts, pouring over stacks of legal briefs Allison, and for this well crafted piece!
II’ve been asking… begging for, Jack Smith to release his full investigational report and the hundreds of FBI files, like Crossfire Hurricane for the world to read!!
Yay! Thank you so much for taking a stand!!! I hope everyone will contact their representatives to ensure they take a stand. We cannot let them take the easier, less courageous way out because they swore an oath to uphold and defend our Constitution. Happy New Year to you!
Here's a letter shown on the Jessica Denson video, and I thought it might help people compose their own to their representatives. MANY PEOPLE NEED TO KEEP CONTACTING THEIR REPRESENTATIVES TO GET THROUGH TO THEM: https://www.youtube.com/live/fkRnnglQm4U
"I had written about the 14th amendment to both of the Colorado senators and my district’s representative. I received form letters in return. My representative sent a second letter in which he stated that Trump and Vance had won the election and that the peaceful transfer of power is a cornerstone of our democracy. This was my reply to that letter.
I appreciate your letter. I know that you know that you took an oath to defend the Constitution. The President-elect was adjudicated in the State of Colorado to be an insurrectionist. Although the US Supreme Court ruled candidate Trump was not disqualified from being on the ballot, the 14th Amendment of the Constitution requires that the President-elect is disqualified from holding the office for which he was elected unless a two-thirds vote in each house of Congress removes the disqualification.
This is the law you took an oath to defend and protect. The Constitution is a cornerstone of our democracy. Imposing the disqualification demanded by the 14th Amendment is not in violation of the peaceful transfer of power. It is a protection and defense of the Constitution itself. If Congress fails us in supporting and defending the Constitution, then all is just rhetoric with no meaning."
IF YOU CAN'T GO TO DC FOR THE HTTPS://NOWMARCH.ORG MARCH ON JAN 3-5, DONATE WHATEVER YOU CAN TO HELP FUND THE EVENT.
We have got to get through to our spineless representatives.
Yes! We need 20+ Dems to have fortitude and spine. Burn the boats! Onward!
lol. I like your style, Nan B !!
Congress/Dems should use every tool to fight for democracy and American people. Object! Don't just give in in advance! Yes grow some and a spine
Agreed....Dems must fight. But I fear they have made a strategic decision to submit meekly and seek wins where they can?? This strategy is a loser. Why would people vote for these spineless wimps if they don't fight?? Clinton said....'People will vote for strong and wrong rather than weak and right.'
All I can think of as an opinion after watching Biden's own so called loyal and biggest supporters until that obviously rigged debate is its about Money. They would rather keep their fat bank accounts and affluent lifestyles ,role play as our defenders and give inspiring speeches about party loyalty, but bottom line is its still a patriarchal Good Ole Boys club with Rich Dems, and Elitist donors calling the shots even as we lose our ability to end this Travesty before it begins for real. Sometimes I get the feeling I am watching a play unfold before my eyes as the actors are interchangeable as they spend our money and make promises that never materialize. AOC more than deserved her shot and the people were Gung ho and having her become what she has worked so hard to be. An honest to God public servant and spokesperson of the people. Instead an 80 something old man is a predictably placed where she rightfully belongs. They Know that We Know how Bad it will be for not just Americans,but the rest of the world as well. Real heroes are hard to come by,especially in the political theater. It's Money that makes fuels the Machine in Washington. I will keep fighting the good fight and hoping for justice, but we can't let up for one minute if we want to send a message of unity and demanding that those who have the power to get this ship turned back towards Democracy must step the fuck up and work for us instead of pretending to do the right thing
The argument should be that Congress already has decided that Trump engaged in an insurrection because that's what the second impeachment was about. The house voted yes sending the articles of impeachment, and t the senate majority failed the number required to remove which was irrelevant anyway since Biden was in office already, but was still a majority.
But I think the bomb threats in Georgia deserve another look. They impeded the vote, and it's wrong to dismiss this lightly.
And just to tbc, I don't think a success of removing Trump at this point would actually be a success because we'd likely end up with a president Vance who wouldn't be less corrupt, less pliable to foreign dictators or less racist.
If the president was or is ineligable then his whole cabinet and vp should be illegal also considering all are or were complicit in the lie
if the election is tossed, then Vance doesn't become Pres., we have another election.
Disqualifying Trump does not invalidate the election. Afaik the election is tossed to the House which then elects the president with each state having one vote.
No but doesn't unseating the electors mean that in and electoral tie the deciding vote is the VP? This was what DJT was trying to mount with Pence but he refused because he knew there wasn't a disqualifying event re Biden or fraud or what have you (Pence was known to be an astute rules person and knew how things worked on the hill). In this situation, there is a disqualifying event and the person disqualified isn't actually in the office or part of the current process or overseeing certification but was impeached for the disqualifying offense. The Dems have a legit qualification issue in front of them and are looking away? The AOC thing is the tell that they are running the old machine Dem plays and going along to get along instead of using the laws as they were designed for the most legit outcome. At stake is not the next election, it's control of the largest military apparatus in the world and public conversations about breaking up the US, NATO, Europe, parts of Asia and the Arctic along regional fault Ines of influence. I don't think the seriousness can be overstated and I wish Dems would pull the trigger and set it all in motion.
What Trump wanted Pence to do was to object to legitimate electors from certain states which was illegal.
If Harris had won, she'd certainly have been presented with fake electors again she'd have had to reject. As matters stand there will be nothing wrong with the electors (Dems might have challenged the result in Georgia because of the bomb threats but that's too late now and likely wouldn't have succeeded as well.
The question the Supreme Court should be forced to answer is if he engaged in an insurrection (he lastly has). They tried to shift it to Congress but Congress in my eyes has answered that question in the affirmative.
I wish Harris would make the Supreme Court decide but it doesn't look like that.
In any way I doubt that the Supreme Court would remove Trump now after they put him on the ballot, the constitution be damned.
Oh right thanks for refresher on that part of the garbled mess of the last 8 yrs, I agree re Georgia and didn't understand why there wasn't pushback and calls for recounts up the yinyang, goose and gander. Is it an existential threat or not for him to control the worlda largest military??? C'mon. You think the only legit mechanism is for KH to sue DJT and make supremes rule in his favor (which I agree would be likely) and then she'd be hanging from the capital? Idt they take the case unless Congress forces them by refusing to certify. What happens if certification fails?
I could not agree more!
That's a very good argument about the second impeachment. I've heard that Dems weren't going to impede trump's ascension but I hope I'm wrong about that. Or if that is what they said, that they weren't being truthful because they plan to make objections to the electors since he is ineligible. I've been bothered by the silence of the Dems and the lack of a call for a recount or audit of a probably stolen election. Maybe they're silent because something like this is being planned?
We need republicans to stop bowing down to trump like he’s some sort of king
Republicans are traitors. We must stop Trump from taking power to protect our sacred Democracy. If he gets into office, public servants like me will undermine him like we did in his first term: https://democracydefender2025.substack.com/p/public-servant-democracy-defender-introduction
They won’t. He is their king.
Allison, why do you keep saying that the SC said 14/3 was not self-executing and that Congress would have to act to apply it? That's not true. Those comments were part of the dicta which came with the decision and have no force of law behind them. The decision they made only applies to States allowing him onnthe ballot. That said, the implication of the dicta indicates how they might rule later.
I agree. That may be what SCOTUS wants us to believe, but it isn't true.
SCOTUS"s interpretation certainly doesn't fit letters of the amendment but as long as SCOTUS is considered legitimate as it is now the interpretation stands.
I understand, but it seems you.might have missed my point. SCOTUS didn't rule on the validity of 14/3. Dicta are merely added comments and have no legal force behind them.
The ruling of SCOTUS food not involve saying whether Trump engaged in insurrection but rather required Congress to do so. Most legal experts therefore are saying that Congress needed to do it, though Seth Abramson pointed me to the second impeachment which fulfills the requirement. I don't see why it shouldn't apply.
And Sippy Cup Caligula was ajudicated an insurrectionist by a Colorado State Court which was confirmed by the Colorado Supreme Court.
🤔
Nothing to gain from your post.
It is a straightforward question. The Colorado Supreme Court ruled that Trump was guilty of insurrection or aiding insurrectionists. (the language in 14-3). The US Supreme Court did not address this. They only discussed that a State Court could not disqualify a federal candidate. It is left hanging out there that Congress must determine if Trump is eligible to hold office. I say he is not. If declared ineligible, all his electoral votes would be disqualified.
I’m in complete agreement. I too am not a scholar or politician but I can read. Section 3 states, in no uncertain terms, that if you have taken an oath (Trump definitely has) and participates in an insurrection, (Trump certainly did) then you, Mr. Trump, are not able to hold an office of the United States. Let it be said, let it be done!
Please go to www.nowmarchorg. People who are fighting for our democracy, who don’t want to see Trump elected will be marching peacefully. For information about this look up Jessica Denson’s podcast, “Lights On”. It’s on YouTube. She is fighting for our democracy and so am I. I can’t be there, but donated on the site!! Please tune into Jessica. She is awesome and has given me hope that we can make a difference!!!!
Some of the Trump electors themselves are not eligible to be electors because they participated in the fake electors scheme as part of the larger insurrection plan. But that wouldn't change things because eligible Trump electors could just be substituted.
There is an opinion piece in The Hill about this:
https://thehill.com/opinion/congress-blog/5055171-constitution-insurrection-trump-disqualification/
Also, Glenn Kirchner and Brian Tyler Cohen discussed the article on YouTube:
https://youtu.be/XI5-s6NIcys?si=-WSHbbHerjL3CxeG
I'm on board. Congress to an oath to the Constitution. They should do their duty.
Come join us in DC.
nowmarch.org
You may not be a lawyer, AG, but you are a English speaker, and the meaning of the statute is clear. Congress can vote to reject electoral votes for candidates who are disqualified and Trump Is Disqualified for office.
Trumpers played the long game with this whole thing. Perhaps anticipating this ECRA issue, and certainly knowing the insurrection disqualification clause, they went to the SCOTUS to concoct the bogus immunity decision... and to toss the 14th amendment case brought by Colorado. At first it seemed the immunity case was a way just to get out of the Jan 6 case, but your essay presents a bigger story: to overcome the ECRA provisions, or certainly making it very difficult.
“I’m certain that there aren’t the votes in the Senate to pass legislation declaring him ineligible.” IIRC it will take 2/3 of both houses to rule him eligible, considering he’s already been found guilty of insurrection in Colorado by their State Supreme Court! I’ve called my Senators and a number of members of Congress, challenging their sworn oath and duty, to uphold the rule of our Constitutional laws. I was hoping everyone would do likewise! I’m proud of your efforts, pouring over stacks of legal briefs Allison, and for this well crafted piece!
II’ve been asking… begging for, Jack Smith to release his full investigational report and the hundreds of FBI files, like Crossfire Hurricane for the world to read!!
Thanks again Allison for all you do!
Yay! Thank you so much for taking a stand!!! I hope everyone will contact their representatives to ensure they take a stand. We cannot let them take the easier, less courageous way out because they swore an oath to uphold and defend our Constitution. Happy New Year to you!
Please come join us in DC this weekend!!!
nowmarch.org
Here's a letter shown on the Jessica Denson video, and I thought it might help people compose their own to their representatives. MANY PEOPLE NEED TO KEEP CONTACTING THEIR REPRESENTATIVES TO GET THROUGH TO THEM: https://www.youtube.com/live/fkRnnglQm4U
"I had written about the 14th amendment to both of the Colorado senators and my district’s representative. I received form letters in return. My representative sent a second letter in which he stated that Trump and Vance had won the election and that the peaceful transfer of power is a cornerstone of our democracy. This was my reply to that letter.
I appreciate your letter. I know that you know that you took an oath to defend the Constitution. The President-elect was adjudicated in the State of Colorado to be an insurrectionist. Although the US Supreme Court ruled candidate Trump was not disqualified from being on the ballot, the 14th Amendment of the Constitution requires that the President-elect is disqualified from holding the office for which he was elected unless a two-thirds vote in each house of Congress removes the disqualification.
This is the law you took an oath to defend and protect. The Constitution is a cornerstone of our democracy. Imposing the disqualification demanded by the 14th Amendment is not in violation of the peaceful transfer of power. It is a protection and defense of the Constitution itself. If Congress fails us in supporting and defending the Constitution, then all is just rhetoric with no meaning."
IF YOU CAN'T GO TO DC FOR THE HTTPS://NOWMARCH.ORG MARCH ON JAN 3-5, DONATE WHATEVER YOU CAN TO HELP FUND THE EVENT.
We have got to get through to our spineless representatives.
Yaye!!! I posted it too!!!!
Do you know how many people are expected?
I have not seen numbers as of yet.
Jessica Denson did a video update yesterday.
Some new details are on the website I linked
It seems to be growing.
I am seeing a lot of support, but many people can’t make the trip due to health, monetary concerns or distance and short notice.
https://www.youtube.com/live/fkRnnglQm4U?si=FICttqjNOxhw8L3Y
AG, Thanks for using your platform for this💜
You're very much appreciated for all that you do. Have a safe New Year
Sounds about right to me.