Sunday, February 11, 2024

DISQUALIFIED:...Not Yet, But Perhaps Likely...Smart Money Is On The U.S. Supreme Court Ruling Donald Trump Out Of The Presidential Race...But...


By DUARDO PAZ-MARTINEZ

McALLEN, Texas |...How much damage has Donald J. Trump done to America? Surely, you've read, seen and heard about most of it. A lawless president, an angry candidate, an indicted man wearing 91 felonies and four criminal cases like a horse collar around his neck.

Plus, there's much more.

We could write a 5,000-word article here and sort of cover it all, but we won't. No use trying, for now. There are still too many unanswered questions and legal action before we - or anyone else - goes there in a definitive way. It'll all come, gathered by some journalist writing for a major newspaper or a national magazine. Noted historians are taking copious notes.

Until then, we are left with yet another rather shallow report on action at the U.S. Supreme Court, where justices this week will consider that appeal (Republican Trump has until Monday to file it, however) of a ruling by that federal appeals court in Washington, D.C. that almost two weeks ago told Trump he was "not immune" from prosecution.

Hang on to your gasps. It could get silly. The High Court could rule in favor of Trump, is what the learned scholars and conservative pundits are writing in publications and saying on Cable-TV.

The facts surrounding Trump's political world are so well-known that a cursory listing tells the story. He was president from 2016 to January, 2021. He sought reelection in 2020 and lost to Democrat Joe Biden in November of that same year. While awaiting the transfer of power, Trump engaged in some wild wheeling & dealing in hopes of changing the results. He conspired to change the results in several states and even did it personally in a strange telephone call with the elections overseer in Georgia, where he asked the Georgia elections official to find him "11,800" votes so that he would overcome the defeat to Biden and claim the state's Electoral College votes.

For that, he was indicted in Georgia, where he presented himself for arraignment and where he still faces a trial. In New York, a judge is presently working on a sentence to do with massive business fraud. That rendering is expected soon. And that came after Trump saw another judge hand an $83 million judgment against him in a defamation trial connected to his rape conviction tied to an assault of magazine writer E. Jean Carroll some three decades ago at a Manhattan department store.

Still on the stove's burner, as well, is the government's case against him to do with his taking classified government documents after leaving the White House and haphazardly stashing them at his Mar-a-Lago residence in Florida. Trump has denied all charges and scoffed at court rulings.

A huge case rests on what Trump did and did not do during the U.S. Capitol riot of January 6, 2021 - the very day the U.S. Senate was certifying the vote results. That day, Trump treated the rioters to a hell-raising speech prosecutors say fueled the riot. If indeed the court accepts that the riot fits the definition of an "insurrection," then Trump is in deep doo-doo.

Trump has said he never ordered anyone to go vandalize the Capitol.

Maybe not.

But there are far too-many fat, cumulus clouds of smoke across the fruited plains for Americans to ignore. You could wonder about one or two or three things to do with his legal problems, but, well, again, there is just too much evidence. The government seems convinced of his guilt; his rabid MAGA followers fully-alive, but in total disbelief.

So, it will be up to the Supreme Court - six judges appointed by Republicans, three by Democrats.

As we noted, there is much writing about all of this out there.

From the current issue of the New York Review of Books: [ . . . The conservative majority of the Supreme Court have reached a point of no return. The law, no matter the diversions and claptrap of Trump's lawyers and the pundits, is crystal clear, on incontestable historical as well as originalist grounds. So are the facts of the case, which in any event the Supreme Court is powerless to review. The conservatives face a choice between disqualifying Trump or shredding the foundation of their judicial methodology.

But the choice is far more profound than the Court’s consistency. In 2000 it disgraced itself by manipulating the Fourteenth Amendment to produce Bush v. Gore, a ruling that changed the course of history and was later described by Justice Antonin Scalia, who concurred in it, this way: "As we say in Brooklyn, a piece of shit."

Now the Court must decide whether it will honor the original meaning of the Fourteenth Amendment and disqualify Donald Trump. If it does so, it may redeem in part the terrible judicial malpractice of 2000. If it does not, it will then trash the constitutional defense of democracy designed following slavery’s abolition; it will guarantee, at a minimum, political chaos no matter what the voters decide in November; and it will quite possibly pave the way for a man who has vowed that he will, if necessary, rescind the Constitution in order to impose a dictatorship of revenge. ]

The article is a wide-ranging one, covering a lot of the current goings-on with the Supreme Court and exactly where the 14th Amendment came in the wake of the American Civil War.

With all that's happened, is Donald J. Trump qualified to seek the presidency?

There's a lot of bad baggage there, much of which the public simply can't grasp and some which some voters may not care about.

The cases are before courts.

The battle away from there is between political parties. Trump's Republicans want him, and that's all there is to it. The federal government and the State of Georgia say he is still to be tried and answer for his deeds. Democrats say Trump is unqualified and a clear & present danger to our republic.

Yes, voters will likely have the last word in November. Ambitious legal acrobatics seem to be the norm these days. What looks clearcut isn't and that which offers a loophole is generally discovered by heady lawyers.

It's been more than 20 years since the infamous Bush/Gore ruling by the Supreme Court, one now seen as horrible reading of the law that handed Bush the presidency. Will the High Court get it right this time? It depends on your political leanings.

Trump has until tomorrow to file his longshot appeal of that "absolute immunity" contention he lost.

I hope he files.

Trump's histrionics has gone on too long...and it all needs to be resolved...

-30-

36 comments:

  1. This decision will be critical of America as a country. It will define the Supreme Court again. The question is simple, will SCOTUS do its job or will they punt in fear. Either way may result in a civil war and if that is the concern of SCOTUS judges then they have already failed and America is doomed.

    Donald Trump started an insurrection against the lawful workings of American democracy. Anyone who watched it unfold knows this as a fact. Colorado proved it in its highest court. SCOTUS is not a fact-finding court and yet the judges who were appointed by Trump are seeking to make it one.

    The law is clear, Trump disqualified himself to hold any office in this nation on January 6th and before. That is a fact that will never be changed by MAGA lies.

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    1. The court is doing its damndest to keep Trump in the race. They want to leave things to the voters.

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  2. I'm 57, a 100% P&T disabled vet, and in my lifetime thus far, no POTUS has ever made me angrier. Not Nixon, Carter, Reagan, HW or even W. A POTUS that calls me and my fellow veterans, or those who made the ultimate sacrifice, "suckers and fools," should be disqualified just for their words.

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    1. America misses and needs another President Obama...intelligent, civil and a true patriot and defender of the constitution.

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  3. After his appalling behavior I sincerely hope that all decisions lead to prison.

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    1. Never forget and Never forgive the Republican Party for what they allowed Trump to do to this country.

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  4. It’s funny that Trump's asking about the whereabouts of Nikki Haley's husband, when no one has seen his "foreigner" wife in ages.

    Not that that’s a bad thing.

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  5. I might be a little 'old-fashioned,' but I think it's a better idea for a politician to tell people what he'll do for them if he's elected, than do to them if he's not.

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    1. He's never done anything for anybody else. That's his failing. Trump is a taker.

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  6. Taylor Swift has landed in L.A. and is headed for Las Vegas. Super Bowl!!!

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    1. SUPER BOWL!!! Kansas City 38 San Francisco 20

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    2. The thing that is truly insane is the idea that the Super Bowl is rigged. I'd like to see some concrete evidence that shows how they are going to rig this game. You can say, "ref calls," but let's wait until after this game then you whackadoos can get on here and break down game film for us. WIth all the scrutiny on the game -- not just from fans but more importantly from all the gambling sports books -- it would be insanely hard to assure a rigged game from the start. Seems like tin foil hat stuff to me.

      And I do get that a ref's call can influence a game that happens to be close and then there is a close call situation at a critical time...I get all that. But you are calling out that situation weeks before they have even hit the field.

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  7. I would vote for a 100-year-old Biden over a Trump of any age any day.

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  8. My die-hard right-wing family, who've freed themselves from Trump and his MAGA cult, have said as long as Trump is the nomination, they'd rather NOT vote.

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  9. MAGAs often emphasize their fear that other nations are "laughing about the US" or quote "think we are pathetic".

    They do not see the obvious irony. It is hilarious.

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  10. All Hispanics Asians and Blacks vote BLUE don't give this white-orange fool opportunity😮

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    1. Not many Asians or Blacks in the valley, tho. RGV, however, is BLUE!!!

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  11. Trump claims he "saw migrant stealing a refrigerator" at chaotic NRA rally. - what a dumbass.

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  12. A cult has no business running a nation.

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  13. This time, I can't wait to vote.

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  14. Where's Melania? Your wife lol lol

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  15. Two issues - Melania was with Trump this past week at Mar Lago. They were together at an event. As to original intent of the 14th. As the Supreme Court noted every draft before the final draft had President and Vice President. This is why the decision will by 9-0. Also, the Court in the Bivens case found the 14th Amendment does not apply to federal employees thereby denying the Plaintiff the right to sue under 1982. But then like the Court loves to do they made a common law cause of action called Bivens. This allows people to sue federal employees under the 5th Amendment for Constitutional violations. This Court if it so choses can issue a short opinion the 14th targeted the states which is why the authors took out President and Vice President. The documents are there to prove this. It is a simple ruling and clean. Now the immunity case is different. The fake scholars will not cover it, but the Court of Appeals used key language from the first immunity case before the 11th Amendment creating limited immunity. The Court found immunity is for Kings, not elected officials and government employees.

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    1. And then there are the four criminal cases and 91 felonies. Trump needs to go to trial.

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    2. I’ve said repeatedly that there is no way in hell the Supreme Court would allow the likely Republican nominee to be stricken from the ballot. I’ve said repeatedly that courts and judges simply do not have the strength and courage to end Trump’s presidential campaign as a matter of law. I’ve said repeatedly that the only way to be rid of him is to defeat him at the ballot box, again, and beat back his forces who will try to steal the election, again.

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    3. @3:00PM
      Just because the Republican Party wants him does not mean he is allowed. The man is facing serious legal trials. Have him stand and face them before running for office. I could not care less what the Republican Party wants! This is America, not El Salvador. What grants him the velvet glove treatment? Fear of him and his armed mob? How far would they go with that and how far would the law let them go? Walk to your nearest mirror and read this reply to yourself repeatedly. Trump makes it easy for people like you to bend over and let him have his way with you. Grow a spine. We charge, arrest and try people in our courts every day in this country. Trump is next. Trump is no one special. Get over it.

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    4. Note to the wise. Combative comments and replies will not sell here. I allowed the one above to offer an example of what I mean. It's useless and contrary to why we allow comments. Your politics and your feelings are yours - keep them smart & civil or keep them pocketed...

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  16. Republican voters are gullible enough to believe any lie Trump concocts and send him millions. He lied about a stolen election and received over $30 million dollars (and counting) in contributions. Republicans, seeing the millions of dollars Trump amassed through lies, have picked up on the con and are increasing their coffers by backing Trump and backing his lies. The pay for Supreme Court justices is $205,000 - $263,000 (in perpetuity with 10 yrs service & 70 yrs of age), which pales in comparison to what backing Trump can mean.

    The sad nature of this whole con is that lying becomes accepted (like in Russia) and fleecing the public becomes the goal.

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  17. It's true that both candidates are too old. There needs to be an age limit, he wasn't my first choice, but I will vote for Biden over Trump any day.

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  18. What's puzzled me about Republicans and the Dumpster is that they think his fascist policies would not affect them. They act like his craziness and vengeance won't impact them when THEY are his BIGGEST victims. Jeff Sessions. Mark Sanford. Mike Pence. Liz Chaney. Kevin McCarthy. Ronna Romney-McDaniel. Ron DeSantis. Nikki Haley. Don't they know ANY of them could be next?

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  19. Melania does not want Donald. Why should America?

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  20. By this time next year trump and his cronies will be sipping raisin jack in their Leavenworth cells.

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  21. It's chaos every time the Republican Party is in office. Iran/Contra with Reagan. Gulf War 1 with Bush Sr and a huge recession. Clinton gets in office and there is huge economic growth and life is pretty good. Bush junior had 2 wars and crashed the economy in 2008. Obama had to fix it from complete collapse and made life smooth again. Trump was chaos and again left the economy on the verge of collapse. Like him or not Biden has made life pretty smooth again. How can people not realize this? Vote BLUE!!!


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