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geocaesar · 8 months ago

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This is an hourly reminder that on March 4th, 2024, the Supreme Court of the United States ordered donald j. trump to have 87 Democrats in both houses of Congress remove his insurrectionist disqualification from ever holding any federal office again. He failed to do so prior to November 5, 2024.

What that means is that between now and December 17th, 2024, donald j. trump has no choice but to go to Congress and have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification, as he was ordered to do by SCOTUS on March 4th, 2024, or he's not legally the President Elect and cannot be inaugurated, sworn in, or hold federal office again on January 20, 2025. The clock is ticking!

A couple of updates from this morning. If anyone is interested in fighting another trump presidency, contact every Democrat representative in the House of Representatives and the Senate and remind them that donald j. trump cannot be inaugurated, sworn in, and be the 47th President of the United States on January 20, 2025 unless 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification before December 17, 2024. Many of them have online contact forms. You may have to enter an address near their local office in their district for the contact form to go through, but I know they're going to want to be reminded of this by as many people as possible in order to save humanity and American democracy from donald trump. Plus, Kamala Harris can be contacted via the White House Vice President contact form; and as a presidential candidate and the President of the Senate, she and President Biden can do a lot to enforce donald trump having to have his insurrectionist disqualification removed by a two-thirds vote of the House of Representatives and the Senate before December 17, 2024.

Rachel Maddow: Why was donald trump's campaign telling his supporters not to vote, they don't need any votes, and to skip the polls?

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So I've seen some comments suggesting this is misinformation. It's not. Per the Supreme Court of the United States' own Berger Test to disqualify judges, the MAGA SCOTUS majority ruling pertaining to donald j. trump being permanently immune from federal enforcement of Section 3 of the 14th Amendment means nothing; because it lacks standing in precedent, law, constitutionality, and relevance.

The three dissenting justices clarify that the only matter that was actually legally settled and, therefore, legally enforceable, pertained to state actions, not federal law enforcement actions against a disqualified insurrectionist presidential or federal candidate, such as donald j. trump, committing the federal crime of being an insurrectionist attempting to hold office without having their insurrectionist disqualification removed via a two-thirds vote of both houses. And so it is legal fact that the Supreme Court did, in fact, order donald j. trump to have his insurrectionist disqualification removed by a two-thirds vote of both houses on March 4th, 2024; it's just that donald j. trump and his legal team were too illiterate and unintelligent to actually read what was legal and had standing (state enforcement against federal candidates), and what didn't (federal enforcement against federal candidates). And MAGA SCOTUS is now permanently legally barred from ever addressing any matter pertaining to federal enforcement of Section 3 of the 14th Amendment against donald j. trump, so they can't even try to interfere on his behalf again should Democrats in the House of Representatives and the Senate demand and force a vote on the matter of donald j. trump's disqualification for holding federal office.

Berger v. United States, 255 U.S. 22 (1921), is a United States Supreme Court decision overruling a trial court decision by U.S. District Court Judge Kenesaw Mountain Landis against Rep. Victor L. Berger, a Congressman for Wisconsin's 5th district and the founder of the Social Democratic Party of America, and several other German-American defendants who were convicted of violating the Espionage Act by publicizing anti-interventionist views during World War I.

The case was argued on December 9, 1920, and decided on January 31, 1921, with an opinion by Justice Joseph McKenna and dissents by Justices William R. Day, James Clark McReynolds, and Mahlon Pitney. The Supreme Court held that Judge Landis was properly disqualified as trial judge based on an affidavit filed by the German defendants asserting that Judge Landis' public anti-German statements should disqualify him from presiding over the trial of the defendants.

The House of Representatives twice denied Berger his seat in the House due to his original conviction for espionage using Section 3 of the Fourteenth Amendment to the United States Constitution regarding denying office to those who supported "insurrection or rebellion". The Supreme Court overturned the verdict in 1921 in Berger v. U.S., and Berger won three successive terms in the House in the 1920s.

Per the United States Supreme Court's "Berger test" that states that to disqualify ANY judge in the United States of America: 1) a party files an affidavit claiming personal bias or prejudice demonstrating an "objectionable inclination or disposition of the judge" and 2) claim of bias is based on facts antedating the trial.

All 6 criminal MAGA insurrectionist and trump-loyalist U.S. Supreme Court Justices who've repeatedly and illegally ruled in donald j. trump's favor are as disqualified from issuing any rulings pertaining to donald j. trump (a German immigrant) as the United States Supreme Court ruled U.S. District Court Judge Kenesaw Mountain Landis was when he attempted to deny Victor L. Berger (a German immigrant) from holding office for violating the Espionage Act and supporting or engaging in insurrection or rebellion against the United States of America.

The only misinformation that exists surrounding the Anderson vs. trump ruling is the belief that the MAGA SCOTUS ruling on federal enforcement of Section 3 of the 14th Amendment against donald j. trump settled the matter and handed him permanent immunity from prosecution should he ever commit the federal crime of attempting to hold federal office. In legal fact, MAGA SCOTUS' nonsensical ruling attempting to grant donald j. trump permanent immunity from prosecution for insurrection is grounds for immediate and permanent disbarment; as they're clearly attempting to legislate from the bench and prevent Congress from legislating in a way that's unfavorable to their presidential candidate.

This is the only pertinent and legally important part of the Anderson vs. trump ruling with regards to federal enforcement of Section 3 of the 14th Amendment against donald j. trump or any other insurrectionist committing the federal crime of attempting to hold office without first having their insurrectionist disqualification removed by a two-thirds vote of both houses:

Justice Sotomayor, Justice Kagan, and Justice Jackson Opinion on the Majority Ruling:

Yet the majority goes further. Even though “[a]ll nine Members of the Court” agree that this independent and sufficient ratioAnd MAGA SCOTUS is now permanently legally barred from ever addressing any matter pertaining to federal enforcement of Section 3 of the 14th Amendment against donald j. trump.nale resolves this case, five Justices go on. They decide novel constitutional questions to insulate this Court and petitioner from future controversy. Ante, at 13. Although only an individual State’s action is at issue here, the majority opines on which federal actors can enforce Section 3, and how they must do so. The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily, and we therefore concur only in the judgment.

Yet the Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed. Congress, the majority says, must enact legislation under Section 5 prescribing the procedures to “ ‘ “ascertain[ ] what particular individuals” ’ ” should be disqualified. Ante, at 5 (quoting Griffin’s Case, 11 F. Cas. 7, 26 (No. 5,815) (CC Va. 1869) (Chase, Circuit Justice)). These musings are as inadequately supported as they are gratuitous.

To start, nothing in Section 3’s text supports the majority’s view of how federal disqualification efforts must operate. Section 3 states simply that “[n]o person shall” hold certain positions and offices if they are oathbreaking insurrectionists. Amdt. 14. Nothing in that unequivocal bar suggests that implementing legislation enacted under Section 5 is “critical” (or, for that matter, what that word means in this context). Ante, at 5. In fact, the text cuts the opposite way. Section 3 provides that when an oathbreaking insurrectionist is disqualified, “Congress may by a vote of two-thirds of each House, remove such disability.” It is hard to understand why the Constitution would require a congressional supermajority to remove a disqualification if a simple majority could nullify Section 3’s operation by repealing or declining to pass implementing legislation. Even petitioner’s lawyer acknowledged the “tension” in Section 3 that the majority’s view creates. See Tr. of Oral Arg. 31.

Similarly, nothing else in the rest of the Fourteenth Amendment supports the majority’s view. Section 5 gives Congress the “power to enforce [the Amendment] by appropriate legislation.” Remedial legislation of any kind, however, is not required. All the Reconstruction Amendments (including the due process and equal protection guarantees and prohibition of slavery) “are self-executing,” meaning that they do not depend on legislation. City of Boerne v. Flores, 521 U.S. 507, 524 (1997); see Civil Rights Cases, 109 U.S. 3, 20 (1883). Similarly, other constitutional rules of disqualification, like the two-term limit on the Presidency, do not require implementing legislation. See, e.g., Art. II, §1, cl. 5 (Presidential Qualifications); Amdt. 22 (Presidential Term Limits). Nor does the majority suggest otherwise. It simply creates a special rule for the insurrection disability in Section 3.

The majority is left with next to no support for its requirement that a Section 3 disqualification can occur only pursuant to legislation enacted for that purpose. It cites Griffin’s Case, but that is a nonprecedential, lower court opinion by a single Justice in his capacity as a circuit judge. See ante, at 5 (quoting 11 F. Cas., at 26). Once again, even petitioner’s lawyer distanced himself from fully embracing this case as probative of Section 3’s meaning. See Tr. of Oral Arg. 35–36. The majority also cites Senator Trumbull’s statements that Section 3 “ ‘provide[d] no means for enforcing’ ” itself. Ante, at 5 (quoting Cong. Globe, 41st Cong., 1st Sess., 626 (1869)). The majority, however, neglects to mention the Senator’s view that “[i]t is the [F]ourteenth [A]mendment that prevents a person from holding office,” with the proposed legislation simply “affor[ding] a more efficient and speedy remedy” for effecting the disqualification. Cong. Globe, 41st Cong., 1st Sess., at 626–627.

Ultimately, under the guise of providing a more “complete explanation for the judgment,” ante, at 13, the majority resolves many unsettled questions about Section 3. It forecloses judicial enforcement of that provision, such as might occur when a party is prosecuted by an insurrectionist and raises a defense on that score. The majority further holds that any legislation to enforce this provision must prescribe certain procedures “ ‘tailor[ed]’ ” to Section 3, ante, at 10, ruling out enforcement under general federal statutes requiring the government to comply with the law. By resolving these and other questions, the majority attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.

“What it does today, the Court should have left undone.” Bush v. Gore, 531 U.S. 98, 158 (2000) (Breyer, J., dissenting). The Court today needed to resolve only a single question: whether an individual State may keep a Presidential candidate found to have engaged in insurrection off its ballot. The majority resolves much more than the case before us. Although federal enforcement of Section 3 is in no way at issue, the majority announces novel rules for how that enforcement must operate. It reaches out to decide Section 3 questions not before us, and to foreclose future efforts to disqualify a Presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.

Section 3 serves an important, though rarely needed, role in our democracy. The American people have the power to vote for and elect candidates for national office, and that is a great and glorious thing. The men who drafted and ratified the Fourteenth Amendment, however, had witnessed an “insurrection [and] rebellion” to defend slavery. §3. They wanted to ensure that those who had participated in that insurrection, and in possible future insurrections, could not return to prominent roles. Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President. Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision. Because we would decide only the issue before us, we concur only in the judgment.

What all of that means is that between now and December 17th, 2024, donald j. trump has no choice but to go to Congress and have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification, as he was ordered to do by SCOTUS on March 4th, 2024, or he's not legally the President Elect and cannot be inaugurated, sworn in, or hold federal office again on January 20, 2025. The clock is ticking!

Here's why this will work: donald trump's legal tactics are deny, attempt to wiggle out of it on technicalities, and delay, delay, delay. Well, from November 2023 to March 4, 2024, donald trump not only said that he was never an officer of the United States, but that he also never swore an oath to support the United States Constitution. And then he said that Section 3 of the 14th Amendment says nothing about running for office, only holding office, and since he's only running for office, nothing can keep him off the ballot. And that's where this has finally caught up to him.

SCOTUS illegally took the case to begin with. SCOTUS was required to kick the case back to Congress immediately to force a two-thirds of both houses vote to remove donald trump's insurrectionist disqualification. But they illegally denied Congress the ability to vote on it at the time, illegally legislated from the bench to keep donald trump on the ballot by illegally amending Section 3 of the 14th Amendment of the United States Constitution, and dismissed the clear two-thirds vote requirement to replace it with "Congress must pass new legislation and amend Section 3 of the 14th Amendment in order to keep insurrectionists off of the ballot and out of office in the future. All six MAGA SCOTUS injustices can now be immediately and permanently disbarred from ever judging or practicing law anywhere in the United States now and in the future for that illegal legislating from the bench; because the U.S. Constitution clearly says that the Judiciary can never interfere with Congress legislating, or with the President enforcing the laws of the United States.

donald trump and his allies figured that was a win, that SCOTUS couldn't be challenged, that the Democrats could never get legislation passed to keep him off the ballot or from holding office again, and the matter was dropped. But that's where he was wrong; because Section 3 of the 14th Amendment still reads, and only legally reads, that the only way an insurrectionist can hold federal office again is by a two-thirds vote in both the House of Representatives and the Senate; and that means that now that donald trump can't try and use the technicality of "I'm not even trying to hold office, I'm just running for office," and he's actively trying to hold office with no technicality wiggle room, donald trump's only path to the White House is to have 70 Democrats in the House of Representatives and 17 Democrats in the Senate vote to remove his insurrectionist disqualification by December 17th, 2017; and his favorite tactic of delay, delay, delay won't work because delaying means he can't be inaugurated, sworn in, and serve as the 47th President of the United States; and that means Kamala Harris would become 47th President of the United States by default.

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geocaesar · 8 months ago

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I haven’t really seen any of the more recent U.S. election news hitting tumblr yet so here’s some updates (now edited with sources added):

There’s evidence of Trump cheating and interfering with the election.

Possible Russian interference.

Mail-in ballots are not being counted or “recognized” in multiple (notably swing) states.

30+ bomb threats were called in and shut down polling stations on Election Day.

20+ million votes are still unaccounted for, and that’s just to have the same voter turnout as 2020.

There was record voter turnout and new/first-time voter registration this year. We definitely should be well over the turnout in 2020.

U.S. citizens are using this site to demand, not only a recount, but a complete investigation into election fraud and interference for the reasons stated above:

Here is what I submitted as an example:

An investigation for election interference and fraud is required. We desperately need a recount or even a revote. The American people deserve the right to a free and fair election. There has been evidence unveiled of Trump cheating and committing election fraud which is illegal. There is some evidence of possible Russian interference. At least 30+ bomb threats were called in to polling places. Multiple, notably swing states, have ballots unaccounted for and voting machines not registering votes. Ballots and ballot boxes were tampered with and burned. Over 20 million votes that we know of are unaccounted for. With record turnout and new voter registration this year, there should be no possibility that there are less votes than even in the 2020 election.

Sources (working on finding more links but if anyone wants to add info, it’s appreciated):

FBI addressing Russian interference and bomb threats:

Emails released by Rachael Bellis (private account, can’t share original tweet) confirming Trump committing election fraud:

Pennsylvania's Centre County officials say they are working with their ballot scanner vendor to figure out why the county's mail-in ballot data is "not being recognized when uploaded to the elections software:”

Wisconsin recount:

[ID:

Multiple screenshots and images.

The first is a screenshot with a link and information for contacting the White House directly regarding election fraud. The instructions include choosing to leave a comment to President Joe Biden directly and to select election security as the reason.

The screenshot then instructs people to include any or all of the following information in a paragraph as a comment to the president:

32 fake bomb threats were called into Democratic leaning poll places, rendering polling places closed for at least an hour.

A lot of people reporting their ballots were not counted for various reasons.

This all occurred in swing states.

This is too coincidental that these things happen and swing in his favor after months of hinting at foul play.

Directly state that an investigation for tampering, interference, fraud is required, not just a recount.

The second image is from the FBI Twitter account that reads:

The FBI is aware of bomb threats to polling locations in several states, many of which appear to originate from Russian email domains. None of the threats have been determined to be credible thus far. https://t.co/j3YfajVK1m — FBI (@FBI) November 5, 2024

The next four Gmail screenshots of an email sent to Rachael Bellis from Chris T. Spackman that read together as follows:

Dear BELLIS, RACHAEL E., The Dauphin County Board of Elections received a challenge to your absentee ballot you applied for in the November 5, 2024 General Election. The challenge argues that a provision of the Pennsylvania Election Code takes precedence over the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which requires states and counties to permit U.S. citizens who move overseas to vote by absentee ballot for federal offices based on their last U.S. residential address.

The full text of the challenge that was filed appears below this email.

You may respond to the challenge in any of the following ways:

1. Call the Bureau of Registration and Election at (717) 780-6360;

2. Email a statement to the Bureau at Election [email protected]. Any statement you submit regarding the period during which you lived in Dauphin County, any family or connections that you still have here, and why you are now residing abroad would be read into the record.

3. Appear in person at a Board of Elections hearing scheduled for Friday, November 8 at a time to be determined in the Commissioners Public Hearing Room, 4th floor of Dauphin County Administration Building, 2 S 20d St, Harrisburg, PA 17111. The meeting is also likely to be livestreamed on Facebook on the Dauphin County channel.

Sincerely,

Christopher T Spackman

TEXT OF CHALLENGE BEGINS

Dear Dauphin County Board of Elections,

I am submitting this challenge to an absentee ballot application pursuant to 25 Pa. Stat.

3146.8(f).

25 Pa. Stat. 3146.8(f) Any person challenging an application for an absentee ballot, an absentee ballot, an application for a mail-in ballot or a mail-in ballot for any of the reasons provided in this act shall deposit the sum of ten dollars ($10.00) in cash with the county board, which sum shall only be refunded if the challenge is sustained or if the challenge is withdrawn within five (5) days after the primary or election. If the challenge is dismissed by any lawful order then the deposit shall be forfeited. The county board shall deposit all deposit money in the general fund of the…

The rest of the forwarded email is cut off.

The last image is a screenshot of the official statement from the Centre County, Pennsylvania Board of Commissioners released on November 6, 2024 that states:

Centre County Working with Ballot Scanner Vendor to Export Election Results.

(Bellefonte, PA) -Centre County Elections Office is working continuously to provide mail-in ballot data in order to post unofficial results.

To this point, all ballots have been scanned, including all mail-in ballots.

Centre County's Election team and IT team have identified that the data are successfully being exported from the mail-in ballot scanners, but that the data is not being recognized when uploaded to the elections software.

Centre County's Administrator, John Franek, Jr. stated, "We have not stopped working, and we will continue to work until unofficial results are posted and reported to the Pennsylvania Department of State."

As a next step, Centre County has begun working with the equipment vendor to adjust configurations to make the two systems-the mail-in ballot scanner and the elections software where data are uploaded -compatible with one another.

We will provide updates as we make progress.

/end ID]

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