Friday, December 22, 2023

THE LAW:...Is Trump Above It All?...Does The Constitution Have To Spell It Out Word For Word?...He Thinks So...

 


By DUARDO PAZ-MARTINEZ

McAllen, Texas |...It would be too simplistic to say that no one was above the law in this country until Donald J. Trump arrived on the political scene. Law, as many of us know, can at times be twisted in interpretation or, worse yet, ignored. The recent impeachment of Texas Attorney General Ken Paxton comes to mind. He beat it, but it was a political not a legal ruling in the State Senate.

This well-known concept of "No One Is Above The Law" is currently playing like a moveable feast across the abused national landscape. Americans and Talking Head lawyers, especially, are eating it up.

This much is true: Republican Trump is the current lightning rod in a slew of stare downs at our Constitution, rightly or wrongly.

He is under indictment on several fronts, clearly for inciting a riot that saw the U.S. Capitol trashed by his supporters and for attempting to overturn the 2020 election with strong-arm tactics aimed at vote-counting officials in Georgia. This, too: Four separate criminal cases, a trial slated to start in March.

So far, he remains free, thus forcing thoughts into the minds of many Americans that he is untouchable, i.e. above the law and not subject to prosecution. Is he? Well, until he robs a bank or guns someone down, Trump's fights are nebulous as fuck, as kids today like to say. He loudly claims immunity, noting that some of what he said and did took place while he was president from 2016 to January 2021. That's dubious, but out there.

The Capitol assault on January 6, 2021 is blamed on Trump. He gave a rousing "rigged election" speech in Washington D.C. that protestors later told courts inspired them to go and mess with the vote certification giving the presidency to Democrat Joe Biden at the nearby Capitol. Armed protestors heard Trump's call for action and then walked over and stormed in, injuring security police officers and menacing members of Congress in the building.

It was a sad day for America. Hundreds of those protestors were later arrested, charged and tried - a handful for sedition, earning them lengthy prison terms.

Trump got nothing in the form of punishment. Two efforts to impeach him while president were rejected by the Republican-controlled U.S. Senate. He left office, but not before a vigorous attempt to overturn the election he lost, agreeing to a variety of plots that included fake state electors, fake allegations of voter fraud and one harried telephone call by Trump to Republican elections officials in Georgia, where he asked that they find him some 11,000 votes so that he could claim victory there.

Nothing has come of that yet, although Trump was indicted in Fulton County, Georgia (Atlanta) and is scheduled to eventually stand trial there on charges of violating federal racketeering laws (RICO). He recently completed testimony in his business fraud trial in New York, where he was found guilty but stood to a trial on how much that conviction will cost him dollars.

To date, he has paid little. A small fine here and there, nothing substantive.

That could soon change, although Trump continues on his quest of the presidency with almost a year left before the November 2024 General Election. A bump in the road has surfaced in Colorado, where the State Supreme Court kicked him off the ballot. That led to an immediate filing before the U.S. Supreme Court, where Colorado asked justices to affirm their ruling.

The High Court is expected to take on the case as early as January 4th, one day before Colorado certifies its ballots for the coming elections. It's iffy for Trump, we say, even as conservative legal minds insist the Supreme Court will side by Trump. They cite the fact that Trump has not been charged or convicted of anything.

Those with an opposing view say the Supreme Court will go against him, noting that states' matters belong to the state and adding that the conservative Court, troubled of late by ethics missteps, may side by Colorado as a way to reclaim some of its damaged credibility.

The latter is a weak assessment, but it's out there.

So, is Donald J. Trump above the law, or is "above the law" just another throwaway cliche for politicians to lob at constituents when they want to and to ignore when they have to?

So far, yes and yes.

There's this food for thought, however: That nagging "rule of law" thing. As we have learned it, the rule of law means that everyone must obey the law and that no one is above the law. The government and its leaders must obey the law, goes the Civics 101 line.

Section 1 of the 14th Amendment in the U.S. Constitution speaks to equal protection of the law. That is the equivalent, or implication, that no one is above the law. Not that all Americans are buying it in Trump's case. He has dead-serious supporters who are willing to look the other way on every attack he launches on America and its once-hallowed past.


The Constitution was written in 1787.

Trump has certainly been bashed about by the law since he left office three years ago. He often blames Democrats, the opposing political party, and no one else for his legal problems, and he always gets the quick, rallying support of his so-called rabid MAGA followers. They agree with him that his troubles are nothing but a witch hunt. The witch is Uncle Sam, however, and Uncle Sam has all the power.

It's a bit more than a run-of-the-mill witch hunt, however.

This is an openly racist/bigoted politician working the Constitution like he likely worked porn star Stormy Daniels in that infamous sexual affair. Lately, those around him have bravely said he does not believe in the U.S. Constitution, working it only when it suits him and roughing it up for his own survival - law and citizenship be damned.

Ominous Quote: "In our system of government, as this Court has often stated, no one is above the law. That principle applies, of course, to a President..." - Supreme Court Associate Justice Brett Kavanaugh, 2020

I was going to say it's some conundrum, but it's more than that.

It's a filthy, stinking mess...ugly and dangerous...

-30-

20 comments:

  1. Who trusts the supreme court?

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  2. It is frankly already "obscene" that he is the GOP frontrunner, and that he is allowed to run for office again, after the stunt and debacle that was the 2020 election - culminating in the January 6th attack on the Capitol Building. The attack just didn't happen by itself, without him and his team fanning the flames of "It was a a Fake and Rigged Election" and "I won" and "they stole the election from me", and all that garbage. All while a lot of his closest confidants are now admitting to the fraudulent scheme while facing prosecution now. You'd think that would mean something.

    Does that actually mean anything to many Republican voters? It sure means something to me, as a Republican voter. And no it is NOT just "fake news."

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  3. Trump sure picked the right party knowing what weaklings they are who always play their game of follow the leader!!!!

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  4. If the president is not an officer of the United States...then the 14th amendment should be interpreted to read that "the president is the only elected official that has the ability to engage in an insurrection against the United States".

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  5. I see that as the gnawing, spiraling problem, this freewheeling "interpretation" of the law (Constitution, too). Left in the hands of paid lawyers, the arguments can go anywhere. Here, we seem to again be taking political sides, and that is not good. It gets boring, but the fight creeps onward...

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  6. They need to do more than let Colorado's decision stand. They need to fill in the gaps in the 14th amendment. Regardless of whether they uphold the Colorado decision, they need to give instructions on how to enforce the disqualification clause and define its vague terms. Their decision needs to apply to all states. If Trump ends up being disqualified by the Supreme Court, but then manages to somehow win a write-in campaign, he must not be sworn in. (Btw, first time commenter, sir)

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    1. Thanks for that. Thoughtful comments push the conversation forward. I know the RGV has thinkers...

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  7. Trump is delaying his appeal to the Supreme Court for a reason. The deadline to be on the ballot for the Colorado primaries is Jan. 6th. Removal of a Senator impacts only one state, a House member impacts a small portion of one state. But President impacts the entire country, and the authors knew that. Now I agree the Court may play with the law to get the result they want. But Trump may not file an appeal because Colorado was going to Biden anyway in 2024, so removal from the ballot does not impact him. BUT AND I DO NOT SEE THIS AS A SURE THING, loses at the Supreme Court, independent of the primaries the Democrats can file the same suit in Florida, which would be bound by the Supreme Court ruling, and Trump will never be able to win enough electoral votes to become president. This is why President and Vice President was not listed. The authors did not want a few states to keep the other side off the ballot thereby keeping them from winning enough electoral votes. But I am the first to say this is all sport for the court and the end result is anyone's gain. But remember if Colorado wins, anyone can file the same lawsuit in Florida denying Trump the electoral votes he needs to win. Game over. I am certain Trump's lawyers are weighing this issue. I am also certain the Supreme Court is weighing the issue because they know if Colorado wins, Trump can never be president. Really the authors of the 14th Amendment meant that if the candidate is removed in one state with enough electoral votes that one state could decided who will be president.

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    1. All of that is in the literature I, too, have been reading about this. If this were anyone but annoying Trump, the ballgame would be different, is my feeling. He's just a mess, and the sooner the country gets rid of him as a presidential candidate the better. We have so many social issues to tend to, that to waste time on Donald's feelings and games only keeps us from addressing them. How can you bitch at Democrat Joe Biden when Republican Trump makes him look good! Thanks for the comment. I do not think the Founders thought of the states (not many back then) or the Electoral College (a much smaller group back then) as makers-breakers. The country today is Not that country. But interpreting the U.S. Constitution for 50 states with 350 million people has become a cottage industry...

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    2. The fact I believe Biden has been a mess on foreign policy does not mean I think Trump is good. The fact with the economy actually doing quite well and the polls still show Trump winning should scare everyone. An objective journalist deals in all facts. Biden gets an F on foreign policy. But on the economy, he gets an A. People do not understand Biden does not control the fed, or how much housing costs. If you follow politics closely Biden may have finally done something right in Latin America. He lifted most of the sanctions against Venezuela which is prepared to flood the market with oil. Biden is quietly working with the oil and gas industry maintenance people to help Venezuela rebuild its oil infrastructure so they can flood.
      the market with oil. Gas will go under $2.00. You made your point, because Trump is a threat to the Republic, which he is, you will not address the valid questions being raised about the application of the 14th Amendment. You are so desperate in your rightful distain for Trump, you are prepared for Republicans to file a similar suit in California to keep the leading Democrat of the Ballot, thereby defaulting to the Republican as the winner. That is not journalism or analysis.

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    3. I'm not going to make this a give & take with you. But you should know that most polls are scant looksees into the minds of Americans. Some poll less than 1,000 respondents, and, well, what kind of cross-section is that? As for my disdain for Trump, I believe I am entitled to my opinion, as you are to yours. Perhaps you're in the wrong neighborhood here. Your definition of Journalism is not mine, perhaps because I spent almost 30 years in the business and you not one minute. Have a good day...

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  8. FYI: Section 3 disqualifies people from certain positions of power if they have previously taken an oath to uphold the Constitution and engaged in an insurrection, or given some sort of aid to a U.S. enemy.

    This provision was most recently applied in Sept. 2022, when a New Mexico County commissioner was removed from his position after his role in the Jan. 6 insurrection.

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  9. If the SC finds Trump has total immunity then so does Biden and Biden as current President could do anything he wants.

    It the SC finds Trump does not get 100% immunity then his court cases can proceed before the election and his ban from the ballot could be legit.

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  10. It's not even a question of has Trump been found guilty of insurrection. We all witnessed his actions and voice. We all know what he did and said. The videos are everywhere. What more proof does anyone need?

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  11. I used to have a lot of respect for the impartial nature of SCOTUS. As well as their integrity. But at this point they have squandered both.

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  12. Guess what? The Supreme Court decides not to fast-track Trump's immunity claims. Big surprise. No credibility left in that lousy court!

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  13. Trump needs to go. We're all tired of his act.

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  14. Everyone in this country is entitled to due process, but there's something extremely galling when government officials who appear to be engaged in treasonous betrayal of their oaths work every angle of the legal system. Somehow it doesn't look like the actions of an innocent, good faith public official.

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