Pleading The 14th

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, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

====

Remember when Republicans would praise the Constitution? Well, mostly the Militia Amendment and the parts that gave them an edge over democracy in the Electoral College and undemocratic Senate. All those Constitutional powers for taxes, regulation of commerce and providing for the general welfare are just “Marxism”.

 

Remember when pompous Republicans would self-righteously boast they were the “Law and order Party”? Apparently, law and order to them is allowing police to pin Black men with a knee to the neck, or shooting them in the back because they “felt threatened”.

 

Gone are the days.

 

Now the radical Right Party of Trump are good with their Dear Leader’s desire to eliminate the Constitution and any law enforcement agencies that get in the way of their messiah’s megalomania. When the law seeks accountability for attempted theft of an election and the theft of nuclear and military secrets, then it’s “weaponization of the justice system”. Yes, the patented neo-Nazi/white nationalist “victim card”. After years of “cruel oppression” under Blacks, “Globalists” (Jews), Muslims, Mexicans, journalists and educators, the delicate white snowflakes are melting down over the rule of law itself.

 

Of course, they have no problem with Trump telling his Department of Justice to interfere with an election on his behalf ordering them to, “Just say it was corrupt and leave the rest to me and the Republican Congressmen”. Former Assistant Attorney General and criminal defendant Jeffry Clark proceeded to do just that before several true law and order DOJ officials said they would resign en mass if that happened.

 

And of course, these “Constitutional conservatives” have no problem with their Tangerine Tyrant insisting his Big Lie claim of a stolen election “allows for the termination of all rules, regulations, and articles, even those found in the Constitution”.

 

As we’ve suspected all along, Republicans want “law and order for me and not for thee”. Yeah, that’s exactly how we get a dictatorship and police state. And that is what they really want. This is why they follow the fascist playbook to seize minority rule, even by force.

 

Many of them stormed our Capitol to overturn our democracy by violent insurrection for Trump’s Big Lie. (Historic parallels: Both Hitler and Trump are famous for scapegoating minorities, a Big Lie, AND an insurrectionist Putsch.)

 

Another favorite lie from the American radical Right is, “Hitler was a socialist! It’s in the party name!” Right…and North Korea is a “democratic republic”. Every honest and sane person knows Nazis are fascists.

 

I’ll submit Hitler’s own words for the historical record.

 

After the allied invasion of Italy, Mussolini was deposed and jailed. Hitler needed to send in his SS “fire brigade” to Italy. There were no socialists or Marxists among them. They were loyal Nazis sworn by oath to the Fuhrer.

 

From Hitler Directs His War” by Felix Gilbert (1950, New York) pp.55ff.

“I have to take politically reliable units. I can only accomplish something with elite formations that are politically close to fascism.”

 

To quote the beloved anti-Nazi American patriot Stan Lee, “‘Nuff said”.

 

There are more of Hitler's slogans and polices that would draw cheers from the MAGA crowd, including their classic “Commie card” for the opposition and demonization of journalism, the arts and education by “culture war”.

 

"We want to fill our culture again with the Christian spirit. We want to burn out all the recent immoral developments in literature, in the theatre, and in the press-in short, we want to burn out the poison of immorality which has entered into our whole life and culture as a result of liberal excess during recent years."

Hitler (a Radio Broadcast July 22, 1933; from My New Order, cited in The Speeches of Adolf Hitler, 1922-1939, Vol. 1. pp. 871-872, Oxford University Press,London, 1942)

 

“The German state is gravely attacked by Marxism."

 

"The Marxists will march with democracy until they succeed in indirectly obtaining for their criminal aims the support of even the national intellectual world, destined by them for extinction."

 

Note the conflation of Marxism and democracy and contempt for intellectuals. Today’s neo-Nazis howl about “Marxist CRT” as they dictate or shut down studies of African American history.

 

Republicans and Nazis share the same disdain for women’s reproductive freedom and desire to keep women in their place as unwilling breeders.

 

On October 10, 1936, Heinrich Himmler created the Reich Central Office for Combating Homosexuality and Abortion, or Special Office (II S), a sub-department of Executive Department II of the Gestapo.

 

It’s quite clear neither Hitler nor Trump would respect the law when it stood between them and power.

 

Following the footsteps of Hitler’s 1923 Putsch, Trump launched his violent insurrection on January 6, 2021. We all saw it. We all saw how he waited for hours in hopes they would succeed in overturning the election. Then we saw him PRAISE his mob of thugs saying, “We love you. You’re very special”.

 

On January 6, 2021, Republican Senator Mitt Romney said, "What happened here today was an insurrection, incited by the president of the United States."

 

Also on January 6, 2021, Mitch McConnell said, “We’re debating a step that has never been taken in American history, whether Congress should overrule the voters and overturn a presidential election...

Self-government, my colleagues, requires a shared commitment to the truth, and a shared respect for the ground rules of our system. We cannot keep drifting apart into two separate tribes with a separate set of facts and separate reality, with nothing in common except our hostility towards each other and mistrust for the few national institutions that we all still share....The United States Senate has a higher calling than an endless spiral of partisan vengeance. It would be unfair and wrong to disenfranchise the voters and overrule courts and the states in this extraordinarily thin basis.”

 

(How long until he forgets that part about “a separate set of facts and separate reality”?)

 

On January 12, 2021, ten Republicans join all House Democrats to impeach Trump for "incitement of insurrection" by a vote of 232 to 197.

 

Trump’s boot-licker Kevin McCarthy was moved to admit the facts on January 13, 2021. "President Trump bears responsibility for Wednesday’s attack on Congress by mob rioters. He should have IMMEDIATELY denounced the mob when he saw what was unfolding. These facts require immediate action by President Trump to accept his share of responsibility, quell the brewing unrest and ensure President-elect Biden is able to successfully begin his term.”

 

On February 13, 2021 the Senate voted 57–43 with 7 Republicans to convict Trump of inciting insurrection.

 

On June 23, 2023, Republican House Speaker Kevin McCarthy said that he supported an effort to hold a vote "expunging" both impeachments of Trump. This is not a thing, but they really do try to expunge facts and history.

 

During the first Republican presidential debate on August 23, 2023, all but Chris Christie and Asa Hutchinson raised their hands in support of reelecting Donald Trump, even if he is convicted of crimes.

 

Here a Putsch, there a Putsch. “Law and order”, Republican style. “Law and order”, Nazi style.

 

Our Constitution is all that stands between freedom and tyranny, and between democracy and dictatorship. Trump IS an enemy of democracy and domestic enemy of our Constitution.

 

Let’s recall Section 3 of the 14th Amendment: “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, or given aid or comfort to the enemies thereof.”

 

The consensus of Congress and the country is Trump “engaged in insurrection”. He gave “aid or comfort” to his thugs by praising them after they terrorized Congress and beat police officers bloody in their violent attempt to overturn the 2020 election. He defended them and said he would pardon them.

 Professor Laurance Tribe and former conservative judge Michael Luttig wrote in the Atlantic: "The disqualification clause operates independently of any such criminal proceedings, also indeed, independently of any impeachment proceedings and of congressional legislation".

Two members of the very conservative Federalist Society released a law review article making the argument that this section disqualifies Trump from all federal offices.

Law professors William Baude and Michael Stokes Paulsen wrote for the University of Pennsylvania Law Review:

“In our view, on the basis of the public record, former President Donald J. Trump is constitutionally disqualified from again being President (or holding any other covered office) because of his role in the attempted overthrow of the 2020 election and the events leading to the January 6 attack. The case for disqualification is strong.”

 

Abstract 

Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three.

 

First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.

Opinions: Belief v Fact

 

Opinions. Everyone has them, from religion and politics to sports and the weather.

Some opinions impact society more than others. These would be the former type of opinions.

Terms like Left/Right, Liberal/Conservative, progressive/regressive, etc. denote the framing, spectrum, and dynamics of politics.

Opinions within these frames can be based on experience, ideas, parental/cultural conditioning, peers, prejudice, judgement of what is just and fair, and which is better for the poor, rich, or general population.

Some extreme opinions say, “Taxes, welfare, and regulations are theft of my hard-earned money”. Other opinions say, “Eat the rich”. These are examples of opinions based on emotion.

A reasoned, evidence-based opinion would be, “Taxes, regulation of commerce and provision for the general welfare are in our Constitutional foundation of law”.

A reasoned, evidence-based opinion would be, “Eating the rich is cannibalistic and absurd”.

Everyone’s opinion is susceptible to being influenced by emotions. Not all of us can, or care to, examine how our opinions are influenced.

People engulfed in emotion-based opinions don’t want to hear, let alone understand, other opinions.  Generally, those who base opinions on reason and evidence are open to hearing other opinions. They also understand once an individual’s opinion is based solely on emotional reaction and disregard of evidence, there’s no more basis for rational discourse. Then it’s simply a clash between reason and emotion.

Some of us can notice this clash within.

I understand my opinion of Trump and his fanatic supporters is partially formed by my revulsion to their hate, lies, and racism. I know they hate me. They say so, and it’s difficult to not have an emotional response to that.

But I also have a rational, fact-based response that tells me not to reciprocate their hate. I understand hate is double edged and can consume the hater. I cling to a mostly futile hope that some of them will eventually see how they are manipulated. I have a friend who voted for Trump twice, but now says he will do whatever he can to keep him out of the White House.

A majority of those who base opinions largely on emotional responses also hold opinions that conform to the words of religious and political leaders they revere and trust. Their opinions will echo the religious dogma or the propagandists who work for their leader.

Now we enter the closed mentality where rigid conformity of opinion is mandatory in the bubble. No one dares question the Leader. This results in a cult when the words and actions of the Leader are infallibly honest and good, and all who disagree are malevolent forces of evil.

As evidence by Trump’s 1/6/21 coup, the fanatic true believer can be willing to kill and die in devotion to their Leader.

Let’s admit that opinions founded simply on one’s faith and fealty to the infallible words of the Leader is fanatic political indoctrination.

Let’s define these terms before further discussion.

Merriam-Webster: 

Fanatic: a person exhibiting excessive enthusiasm and intense uncritical devotion toward some controversial matter (as in religion or politics), marked by excessive enthusiasm and often intense uncritical devotion

Merriam-Webster: 

Indoctrinate: to imbue with a usually partisan or sectarian opinion, point of view, or principle

Cambridge Dictionary:

Indoctrination: the process of repeating an idea or belief to someone until they accept it without criticism or question: As religious/political/ideological indoctrination

Chances are, those whose opinions are emotion-based will object to these definitions. They don’t FEEL they are indoctrinated fanatics. After all they hold a sense of moral certainty because they see themselves as good people who cannot do bad or think falsely. They could never be duped by a greedy church leader or narcissistic political conman. This is the nature of emotionally grounded religious beliefs and political ideology throughout the spectrums.

Emotionally grounded belief systems often tend to reject scientific consensus, evidence of facts, dissent, and reason itself.

Look at Florida. The authoritarian governor wants to whitewash slavery, ban references to LGBTQ issues, and even “slit throats” of people who disagree if allowed to gain more power. All of this is authoritarian emotional manipulation. We can’t have history lessons that make children “uncomfortable” or “feel guilty.”

Authoritarian leaders must appeal to the fight/flight emotional response center of the brain. They will always tell their followers who to blame and who to hate. The authoritarian former president will tell his fanatic followers he “made America great”, but now it is in ruins because he lost an election that was “stolen”. He will instill anger and rage as responses to the people the leader declares as threats to them. The Holocaust is history’s lesson on how this can result in the most cruelty and brutality humans can inflict.

These emotionally manipulative tactics are projected at their targets of political indoctrination. Fanatic true believers cannot imagine for a moment that their Leader is dishonest.

Let’s compare the difference between rational and belief-based opinion.

Religious beliefs can be built on negative emotional responses. Muslim fanatics believe in killing infidels. Christian fanatics believe they should have power to dictate our education, and deny all women the right to reproductive freedom, even contraception.

Reason-based religious beliefs are formed from the idea that a creation must have a creator, that hatred, cruelty, and greed are destructive, that love is better than hate, kindness is better than cruelty, and sharing is better than greed. And loving your neighbor, even your enemies, feeding the poor, and caring for the sick is the rational, productive, and humane way to live in a society.

Political opinions track along the same emotion v. reason continuum.

My opinion tells me to vote for Biden again, because he’s not a threat to our elections, judiciary, and rule of law. I can disagree with him. I understand the guy doesn’t always tell the truth. Nobody does. I also have the intellectual curiosity to examine evidence regarding his statements.

One example is Hunter Biden and money from China.

During the 2020 presidential debates Biden told moderator Kristen Welker his son had earned no money through business dealings in China.

Biden’s assertions have been rebutted by Hunter himself, acknowledging in court testimony that he had been paid substantial sums related to his business in China.

Hunter is not in the administration, so this is irrelevant to my vote. We must ask when Trump’s own family members Jared and Ivanka will be under equal scrutiny, as they were part of his administration.

Just as it doesn’t occur to them that they depend on double standards, they can’t admit Trump defines reality itself for them.

Loyal Trump supporters will always hold their Leader’s words as gospel truth. He is the epitome of what makes America great. He’s defending and protecting them from all the fabricated threats from demons, monsters, and commies woven into their indoctrination.

They cannot imagine Trump can lie to them. They don’t care that every count, recount, court case, Republican governors and secretaries of state tell us Trump lost a fair election. They FEEL they are right, and the vast conspiracy of all Trump’s White House counsel, Homeland Security, Cabinet, Attorney General, DOJ, and state electors are in conspiracy against him. The “deep state” is out to get Dear Leader, and by extension, them as well.

This fearful state of delusion and paranoia is exactly what benefits Trump. They cannot imagine he commits crimes, or if so, he’s above the vast “conspiratorial, crooked, democrat/communist legal system” and “corrupt elections”.

They will never examine their beliefs because they have been imbued with the FEELING of their moral certainty and righteous anger.

And this readily feeds into a mob mentality when they are assembled by the narcissistic, hateful, and pathological liar they practically worship.

After all, a cult isn’t a cult to the cult.

And of course, this is all just my opinion.

Better Call Saul, Don

 

Donald Trump has been INDICTED on FOUR CRIMINAL COUNTS for his 2020 election interference.

Besides the terrorized legislators and their staff, the victims of his crimes are the police officers, the United States of America and the 81,283,361 American voters whose right to their majority vote was conspired against by Trump’s attempt to “oppress, threaten, or intimidate” their right.

Here are the laws Trump violated in his attempt to overturn our election:

 *

Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States)

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added). See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137, 379-406 (1995)(generally discussing § 371).

The operative language is the so-called "defraud clause," that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the "offense clause" in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.

Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined "defraud" as follows:

To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.

*

Count 2: 18 U.S. C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding)

(k)Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

*

Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding)

(c)Whoever corruptly—

(1)alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2)otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

*

Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Florida Whitewash

Under Ron DeSantis Florida has gone through a long process of white conservatives dictating what can or cannot be read, discussed, or allowed in schools. This includes the very racist gaslighting that CRT is a “Marxist” attack on our country, and therefore must be banned. 

This is what happens when graduate level people of color dare to address the history and effects of slavery and racism. This of course also feeds into the fascist screed that universities are indoctrinating our kids into communism. 

Yeah, Hitler had the same idea.

Enter Florida’s white conservatives. They alone believe they are entitled to define racism and they alone must dictate the teaching of African American history. Mighty white of them to let us know.

One of my observations of the far white right is, “Racism isn’t racism to racists”. 

Nowhere is this demonstrated so absurdly as when they play their ever-present “victim card”. It turns out most of them believe THEY are the “real victims” of racism.

Whites Believe They Are Victims of Racism More Often Than Blacks

Whites believe that they have replaced blacks as the primary victims of racial discrimination in contemporary America, according to a new study from researchers at Tufts University's School of Arts and Sciences and Harvard Business School…"These data are the first to demonstrate that not only do whites think more progress has been made toward equality than do blacks, but whites also now believe that this progress is linked to a new inequality, at their expense," note researchers. Whites see racial equality as a zero-sum game, in which gains for one group mean losses for the other.

It should come as no surprise what happens when white conservatives in Florida decide what African American History Standards can be taught in public schools. 

Two of those white conservative workgroup members, Dr. William Allen and Dr. Frances Presley Rice, provided a statement to TV10 Tampa Bay, saying in part, “The intent of this particular benchmark clarification is to show that some slaves developed highly specialized trades from which they benefitted. This is factual and well documented…Any attempt to reduce slaves to just victims of oppression fails to recognize their strength, courage and resiliency during a difficult time in American history. Florida students deserve to learn how slaves took advantage of whatever circumstances they were in to benefit themselves and the community of African descendants."

“Slavery wasn’t all bad” seems to be their heartwarming message in the latest version of Florida’s State Academic Standards.

No doubt you’ve heard about the latest hoopla around them promoting, “Florida students deserve to learn how slaves developed skills which, in some instances, could be applied for their personal benefit”.

After reading their “standards” I found that’s not even the most insidious thought control device in their program.

SS.912.AA.4.6

Examine organizational approaches to resisting equality in America. Benchmark Clarifications:

1: Instruction includes the immediate and lasting effects of organizations that sought to resist achieving American equality (e.g., state legislatures, Ku Klux Klan [KKK], White Citizens’ Councils [WCC], law enforcement agencies, elected officials such as the “Pork Chop Gang,” private school consortiums, Mississippi State Sovereignty Commission [MSSC]).

2: Instruction includes different methods used by coalitions (e.g., white primaries, acts of violence, unjust laws such as poll taxes, literacy tests, sundown laws, anti-miscegenation laws). 

Any history student will notice a common feature of the “organizational approaches to resisting equality”.

Did you see it?

Everything they mentioned was from the 19th Century and first half of the 20th Century. Nothing new to see here, amirite? It as if those delicate “victims of racism” want everyone to think racists were ALL Democrats. Of course, this includes their “Black tormenters”.

Noticeably absent are the facts that racists abandoned the Democratic Party and are all Trump supporters now. Not a peep about the Proud Boys, the Oath Keepers, and the “Unite the Right” racists who held the lethal tiki-torch rally in Charlottesville in 2017. It’s as if they don’t exist, aren’t relevant, or just don’t matter. See no evil, see no racism…except against white conservatives.

20th and 21st Century Republican race-based gerrymandering is also missing. Nothing to see here either, amirite?

Never happened. Nope. Don’t want the kids or their parents to feel “uncomfortable”, do we?

Most recently Alabama Republicans defied federal courts in passing their new congressional map. Arrogantly violating the Voting Rights Act the new Alabama congressional map allows Black voters to elect a candidate of their choice in only 1 of 7 districts despite being 1 of 4 Alabamians.

Since racism isn't racism to racists, whitewashing isn't whitewashing to white whitewashers.

Leave it to conservative white men to do their damnedest to whitewash slavery and racism as they amplify their fantasies of racist “victimization”. Yes, apparently, they deserve to learn how white conservatives “took advantage of whatever circumstances they were in to benefit themselves and the community of White American descendants”.

Pillars of Con-servatism

Let's take a moment to lift the veil of virtue and values shrouding the core of American con-servatism found in the Republican Party. 

Trumpism thrives in the fertile ground of the reactionary/authoritarian/greed mindset of the Republican Party. The trajectory of this ideology is seen through the arc spanning Hoover, McCarthyism, Nixon, Reagan, the Bush/Cheney Cartel and ultimately Trump. Maximizing personal power and wealth for the economic elites has been their real goal all along.

FDR was called a "traitor to his class" for his concern for the welfare of the common folk.  Anything that doesn't support a trickle-up economy is demonized as socialism/communism. Not that they care to know the difference. Never mind our Constitution is loaded with socialistic principles like taxes, regulation of commerce, and the dreaded "provision for the general welfare”.

Taxes, regulation, and welfare! Oh, my! The founders were communists!

Everything the Right hates most is in our founding document, except the electoral college, of course. Where would they be without racism, resentment, bigotry, ignorance, and indifference? These have become their tools to seize the levers of power. 

This is why Trump said, "I love the poorly educated". This is why voter rights, fair representation, and education are always their primary targets. As the saying goes, they need to fuel a culture war to ward off a class war.

Divide and conquer, with a sprinkling of deep reverence for wealth and the wealthy,

By stoking fear, anger and resentments, they've been successful at building conformity, loyalty and groupthink into a neo-fascist agenda.

And so, we have the three primary pillars of con-servatism.

1. Racism/bigotry for the most ignorant bottom feeders wallowing in the white fright and resentments of white nationalism..

2. Authoritarianism for the fascists, paranoid militia gun nuts, and religious fanatics who are not fully embedded in, but tolerant, or dismissive, of racism and bigotry. This is all presented in the guise of "liberty and faith". Yes, American fascism comes carrying a Bible and wrapped in the flag.

3. Insatiable greed and lust for power by rigging government, law, and the economy to favor the economic elites.

And there it is, the unwritten and unspoken platform of the radical Right.

Bigotry, authoritarianism, and greed.

Mar-a-Lago Indictment

 

At last Trump has been indicted in the Mar-a-Lago documents case.

This is good. Not charging him would tell the world Trump is above the law, and shatter any pretense we are a nation of laws, not men.

There are 38 counts against him and his co-conspirator, personal aide Walt Nauta.

COUNTS 1-31

Willful Retention of National Defense Information

18 U.S.C. 793(e)

Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

18 U.S.C. § 1519

COUNT 32

Conspiracy to Obstruct Justice

18U.S.C. § 1512(k)

18 U.S.C. § 1512 (b)

18 U.S.C. § 1512(c)

COUNT 37

False Statements and Representations

18 U.S.C. §§ 1001(a)

COUNT 38

False Statements and Representations

18 U.S.C.§ 1001(a)

I’m disappointed by the one charge not included in the indictment. It was the one crime that would have mandated Trump could never hold office again.

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally

(a)

Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b)

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.

 

My theory on why this charge isn’t included is the penalty would apply to an election. Supposedly the FBI is loath to “interfere” in elections, right, James Comey?

Merrick Garland’s Memo on “Election Year Sensitivities” may have had an influence on the decision. I don’t think it should have, but maybe that was part of the reasoning.

STATEMENTS, INVESTIGATIONS, AND CHARGING NEAR AN ELECTION

The Department of Justice has a strong interest in the prosecution of election-related crimes, such as those involving federal and state campaign finance laws, federal patronage laws, and corruption of the election process. As Department employees, however, we must be particularly sensitive to safeguarding the Department's reputation for fairness, neutrality, and non-partisanship.

Simply put, partisan politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges. Law enforcement officers and prosecutors may never select the timing of public statements (attributed or not), investigative steps, criminal charges, or any other action in any matter or case for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party. Such a purpose, or the appearance of such a purpose, is inconsistent with the Department's mission and with the Principles of Federal Prosecution.

 

We know Trump and the radical Right will howl about “election interference” no matter what, anyway.

But that’s not the worst response in their radical reactionary hysteria.

We already have Republican insurrectionist traitors beating the drums for civil war. They are emulating Trump, when he told his white nationalist "Proud Boys" thugs to "stand back and stand by".

“President Trump said he has "been summoned to appear at the Federal Courthouse in Miami on Tuesday, at 3 PM." This is a perimeter probe from the oppressors. Hold. rPOTUS has this. Buckle up. 1/50K know your bridges. Rock steady calm. That is all.” ~ Rep. Clay Higgins

“We have now reached a war phase. Eye for an eye.” - Rep. Andy Biggs

The DOJ should take these threats seriously.

Mary Trump recently warned us.

There is nothing he won’t do to get away with his crimes. He will turn his followers against the rest of us, he will threaten to destroy the Republican Party if it doesn’t do his bidding (and it will do his bidding). If none of that works, he will burn it all down.

It will get worse before it gets better. It will be frightening, it will be frustrating, and it will be dangerous. But it will get better eventually. If we stick together and refuse to give up hope, it will get better.

The time to take a stand for our Constitution, rule of law, and our democracy is at hand. All Americans of conscience need to unite against the enemies within. We can, and must, vote them all out.

Another D-Day

 

Trump’s lawyers’ meeting with Special Prosecutor Jack Smith didn’t pan out as he’d hoped. After complaining about an unfair process and mistreatment of Trump, they were advised by Smith’s team to file a complaint with the Inspector General’s office next door. Obviously, they had nothing legally improper to complain about, so they just left the building.

Trump’s panicked reaction was what a criminal authoritarian narcissist right out of “Central Casting” would say, to borrow one of his favorite phrases.

Reports are the Marxist Special Prosecutor, DOJ, & FBI, want to Indict me on the BOXES HOAX, despite all of the wrongdoing that they have done for SEVEN YEARS, including SPYING ON MY CAMPAIGN. Biden Crimes go unpunished, including that he had Boxes in Chinatown, in his garage by the 'Corvette,' & 1,850 Boxes in Delaware that he won't allow anyone to see. That is real OBSTRUCTION! They seek retribution for Republicans looking into Biden's CRIMES! I HAVE DONE NOTHING WRONG. ELECTION INTERFERENCE!"

Trump whined on his absurdly named “Truth Social” about a “Marxist Special Prosecutor, DOJ & FBI” wanting to indict him on the “BOXES HOAX”, and that the FBI spied on his campaign, repeating another old debunked claim.

True to the old Nazi playbook, he played all the usual cards, including the “commie card”, the “victim card”, and the wildly false “accusation card”. This is just his latest in a long string of lies that also adhere to the Nazi line he projected on July 3, 2021,  “If you say it enough and keep saying it, just keep saying it, they’ll start to believe you.”

Right, except when you say it to federal law enforcement.

His crazed wild-eyed tirade about “Biden Crimes” going unpunished is also pure projection, of course. He couldn’t cite any crime that he hadn’t already committed. So he piled on more projection about ”OBSTRUCTION”, “retribution” and lastly, “ELECTION INTERFERENCE!”

Hmm. I dare say the Tangerine Tyrant is “going through some things”.

And no matter what he says, Biden isn’t going through those things. Trump will howl about Biden and Pence being as guilty as he is, but there’s a wee difference in their cases concerning government documents. 

They complied with the law and returned them without being asked. Trump refused to return them after being asked.  He proceeded to obstruct efforts to have them returned by having them moved just before the FBI came to get them. He was reported to have waved secret war plans on Iran at his country club. That’s a big no-no.

Trump remains the “only one” to have done this, despite his desperate lie, “I HAVE DONE NOTHING WRONG”.

Now he’s about to face real felony charges.

Here’s a partial list of the crimes Trump committed that Biden and Pence did NOT commit:

 

18 U.S. Code § 2071 - Concealment, removal, or mutilation generally

(a)

Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b)

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.

 

18 USC 793 — Gathering, transmitting or losing defence information

(f)

Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

 

18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

 

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

 

18 U.S. Code § 1924 Unauthorized removal and retention of classified documents or material... shall be fined under this title or imprisoned for not more than five years, or both.

18 U.S. Code § 1001 - Statements or entries generally

(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1)

falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2)

makes any materially false, fictitious, or fraudulent statement or representation; or

(3)

makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

 

So here we are, on the 79th anniversary of the D-Day invasion of Nazi-occupied Europe. Within a year, Hitler would be dead, and his Third Reich destroyed.

But tragically, fascism, racism, and Nazis would survive. We are now in a strikingly similar time of criminal authoritarian leaders, with the rising racism and white nationalism that infected 1930’s Germany.

We survived Trump’s Putsch of January sixth, but his threat remains.

The lesson we must learn should be clear by now. The struggle against fascism never ends. It is time for democracy’s 21st Century D-Day, as the Orange Fuhrer glowers in a seething rage from his bunker.