The Trump Card...

[Pilgrim]

14th Amendment Lawsuit Filed in Colorado

While I expect to see a number of lawsuits filed that seek to have Trump disqualified by the 14th Amendment from holding public office and being placed on the ballot, one was filed today in Colorado that merits special attention.

Per constitutional scholar Lawrence Tribe, "This is the strongest of the suits filed to compel sec’s of state to apply the 14th Amendment’s Disqualification Clause to Trump. The 6 plaintiffs clearly have standing under Colorado law and ironclad legal and factual research backs up their complaint"

Despite what politicians and politically motivated lawyers might declare, there was no insurrection on Jan 6th. These 14th Amendment nuisance lawsuits will end up dead in the water, either in state courts or on appeals.

Lawrence Tribe is firmly established himself as a liberal legal crackpot, basing his opinions on politics rather than constitutional law. Jonathan Turley has penned a counter-argument that's nothing less than a smackdown of Tribe's hysterical notions:

"Democrats have claimed that the 14th Amendment prevents Trump from running because he supported an “insurrection or rebellion.”
They have argued that this long dormant clause can be used to block not just Trump but 120 Republicans in Congress from running for office...
I have long rejected this theory as contrary to the text and history of the 14th Amendment.

...Tribe was set off in his latest CNN interview after I noted that this theory lacks any limiting principle.
Advocates are suggesting that courts could then start banning candidates by interpreting riots as insurrections.

...one would at least expect a charge of rebellion or insurrection by Trump.
Yet Trump was not even been charged with incitement.
Not even Special Counsel Jack Smith has charged him with incitement in his two indictments."

Ragefully Wrong: A Response to Professor Laurence Tribe

Below is my column in the New York Post in response to the attack this week by Harvard Professor Laurence Tribe. I am honestly saddened by the ad hominem attacks that have become common place with …

jonathanturley.org

 

[ATeam]

These 14th Amendment nuisance lawsuits will end up dead in the water, either in state courts or on appeals.

Or, the question will be decided by the US Supreme Court and Trump will be thereby banned from holding public office. We'll find out soon enough.

Trump is taking the Colorado lawsuit seriously. He made a motion about it today. Interesting that he did not ask for the lawsuit to be dismissed.

https://www.cnn.com/2023/09/08/politics/trump-challenge-2024-ballot-colorado/index.html

 

[Ragman]

Despite what politicians and politically motivated lawyers might declare, there was no insurrection on Jan 6th.

I guess how dictionaries define "insurrection" is irrelevant.
Smh
===========================================TF

People also ask


What is the real meaning of insurrection?


act of revolt or rebellion

insurrection, an organized and usually violent act of revolt or rebellion against an established government or governing authority of a nation-state or other political entity by a group of its citizens or subjects; also, any act of engaging in such a revolt.Aug 11, 2023

Encyclopedia Britannica › topic

Insurrection | Definition, Laws, Examples, & Facts - Britannica​

 

[Pilgrim]

I guess how dictionaries define "insurrection" is irrelevant.
Smh
===========================================TF

People also ask


What is the real meaning of insurrection?


act of revolt or rebellion

insurrection, an organized and usually violent act of revolt or rebellion against an established government or governing authority of a nation-state or other political entity by a group of its citizens or subjects; also, any act of engaging in such a revolt.Aug 11, 2023
View attachment 22906
Encyclopedia Britannica › topic

Insurrection | Definition, Laws, Examples, & Facts - Britannica​

Evidently Merrick Garland, Jack Smith, et al determined the riot of Jan 6 didn't fit the legal definition and constitutional standards of insurrection - therefore, no such charges against Trump or any of the other Jan 6 defendants. This was probably due to lack of central organization and armed rebellion like we saw in our last real rebellion - the Civil War - which spawned the 14th Amendment.

 

[ATeam]

I do not share your certainty and clear view of the future. It must be nice to be so certain of so much, so much of the time.

As i said, I think Meadows hurt himself more than he helped himself, but in fact, I don't know how this will turn out. The judge's ruling, expected soon, will tell us how Meadows did on the stand.

Now we know.

Judge denies Mark Meadows’ request to move his Georgia election subversion case to federal court

A judge has denied Trump White House chief of staff Mark Meadows’ request to move his Georgia election subversion case from state court to federal court. U.S.

apnews.com

 

[muttly]

A Friday night ruling dump by the Obama judge. Yet another example.

 

[ATeam]

They’re upset that he took the stand and made a good case why it should be in Federal court and also why it will ultimately be dismissed due to immunity.

You might want to revisit your opinion. At the moment, they seem quite pleased that Meadows took the stand and made the pathetic case he did.

Dismissal? Not exactly. The exact opposite was ruled by Judge Jones today. Meadows is going to trial in GA.

This ruling is not good news for Trump, and it is terrible news for Meadows and all other defendants in the GA RICO case who are seeking removal to federal court. If Meadows lost his bid, the others are likely to lose too because the same laws apply.

Yes, this ruling takes Meadow's immunity claim off the table.

Yes, Meadows is likely to appeal to the 11th Circuit.

No, the lower court ruling will not be overturned (I predict).

And no, these removal motions and appeal will not delay the GA case. That case is proceeding without regard to motions being made and appealed in federal court. That's why Meadows had to surrender for arrest, even as certain federal questions were pending before a federal judge.

Judge denies Mark Meadows’ request to move his Georgia election subversion case to federal court

A judge has denied Trump White House chief of staff Mark Meadows’ request to move his Georgia election subversion case from state court to federal court. U.S.

apnews.com

 

[ATeam]

A Friday night ruling dump by the Obama judge. Yet another example.

MAGA Rule #1: When you lose, learn nothing and find something else to complain about.

 

[ATeam]

Questions Answered in Court; Week of 9/3/23

Running Total
*Trump-Favorable Answers: 4
Trump-Adverse Answers: 117
Trump Win Rate: 3.42%

Answered This Week:

Yes, a partial summary judgement is granted. Trump is liable for defamatory statements against E. Jean Carroll. The Jan. 2024 trial is needed only to set the monetary damages. 9/6/23, Kaplan

Yes, Trump’s request to stay the NY state $250 million civil fraud trial is completely without merit. The trial will proceed as scheduled. 9/6/23, Engoron

Yes, a state lawsuit (Colorado) will be filed seeking to keep Trump’s name off the presidential ballot on 14th Amendment grounds. 9/6/23

Answered in Previous Weeks:
No, 62 lawsuits filed by Trump making various 2020 election claims are not valid. 11/20 - 1/21, Judges in 62 courts
Yes. Trump’s defamation lawsuit against CNN is dismissed. 11/23/20, Singhal
Yes. Trump’s defamation lawsuit against the New York Times is dismissed. 3/9/21, d’Auguste
Yes, the Trump defamation lawsuit against the Washington Post is dismissed, 2/10/22, Contreras
No, Meadows and other Trump aids cannot assert executive privilege to avoid testifying before the Jan. 6 Committee. 3/8/22, Chutkan
No, Mike Pence does not have executive privilege to avoid testifying before the Jan. 6 Committee. 3/8/22, Boasberg
No, former national security advisor Robert O’Brien cannot assert executive privilege to avoid testifying before the Jan. 6 Committee. 4/21/22, Jackson
No, former White House Counsel Cipollone cannot claim executive privilege to avoid testifying before the grand jury. 7/1/22, Chutkan.
Yes, NY AG James will sue the Trump Organization claiming $250 million in fraud. 9/21/22
Yes, an independent monitor is appointed to thwart Trump's attempt to move his business legal structure out of New York jurisdiction. 11/14/22
No, Judge Cannon does not have jurisdiction to appoint a special master. Cannon's ruling is reversed. 12/1/22, 11th Circuit Court of Appeals.
No, special rules cannot be written by Judge Cannon for Trump because he is a former president. 12/1/22, 11th Circuit Court of Appeals.
Yes, Trump's lawsuit challenging the Mar-a-Lago search will be dismissed due to a lack of jurisdiction. 12/12/22, Cannon
Yes, the Trump Organization is guilty of 17 counts of tax fraud. 12/6/22, Jury
No, the NY AG lawsuit will not be dismissed. 1/6/23, Engoron
Yes, Trump is ordered to pay $938,000 in legal fees to Hillary and others, because Trump abused the legal system. 1/19/23, Middlebrooks
Yes, Trump attorney Corcoran must testify because attorney client privilege does not apply (furtherance of a crime). 3/17/23,Howell
No, the NY AG lawsuit against Trump et al will not be delayed. 3/21/23 Engoron
No, John Eastman does not have executive privilege to withhold documents from the Jan. 6 Committee3/28/23, Carter
Yes, the 2019 Carroll lawsuit can be amended to include Trump's CNN remarks. 6/13/23, Kaplan
*Yes, the scope of the lawsuit brought by NY AG James is limited by the statute of limitations, and Ivanka Trump is thereby dismissed from the suit. 6/27/23, New York Appellate Division
No, Trump is not immune from defamation charges because he was president. 6/29/23, Kaplan
No, Fani Willis will not be disqualified from working on the GA election interference case. GA Supreme Court, 7/17/23
No, the GA Special Grand Jury report will not be thrown out. 7/17/23, GA Supreme Court
Yes, Trump is a rapist. 7/19/23, Kaplan
Yes, the $5 million in damages the jury said Trump must pay Carroll is reasonable. 7/19/23, Kaplan
No, the falsified records case will not be moved to federal court. 7/19/23, Hellerstein
Yes, Cohen and Trump will settle Cohen's lawsuit claiming millions in unpaid legal fees. 7/21/23
No, the documents trial will not be postponed until after the election. 7/21/23, Cannon
Yes, the defamation lawsuit Trump filed against CNN is dismissed because the judge rules it is "not actionable." 7/28/23, Singhal
*Yes, Trump is protected by presidential immunity regarding two defamatory statements he made against a PA voting machine supervisor when Trump was president. 7/31/23, Erdos
No, Trump is not protected by presidential immunity regarding one defamatory statement he made against a PA voting machine supervisor after Trump left office. 7/31/23
Yes, the GA Special Grand Jury report can be used against Trump. 7/31
No, Fani Willis will not be disqualified from prosecuting Trump. 7/31
Yes, Trump will be deposed under oath regarding the $500 million lawsuit he filed against Cohen. 7/31/23
Yes, the Miami grand jury will continue its investigation and produce additional indictments, even after it first indicted Trump. 8/1/23
Yes, Trump will be indicted on charges concerning the 2020 election. 8/3/23
Yes, the Trump deposition transcript from the Carroll trial will be given to DA Bragg. 8/3/23
No, Trump's request for a delayed response to DOJ's protective order motion will not be granted. 8/5/23
Yes, Trump’s counter-defamation suit against E. Jean Carroll is without merit and is dismissed 8/7/23, Kaplan
*No, the Special Counsel may not file under seal evidence of conflicts RE attorney Woodward. 8/7/23, Cannon
Yes, the DOJ can have its requested Garcia hearing regarding Woodward conflicts. 8/7/23, Cannon
No, the protective order hearing date will not be delayed. 8/8/23, Chutkan
Yes, Trump is prohibited from making inflammatory statements about the election interference case. 8/11/23, Chutkan
*No, the protective order will not be as broad as DOJ requests. 8/11/23, Chutkan
No, Manhattan Supreme Court Justice Merchan will not recuse himself from the Manhattan falsified business records case. 8/14/23
Yes, Trump (and 18 co-defendants) will be indicted by a Fulton County grand jury on RICO and other charges. 8/15/23
Yes, the appeal Trump filed RE Carroll is frivolous and is denied for that reason. 8/18/23, Kaplan
No, the second Carroll defamation trial scheduled for 1/15/24 will not be delayed. 8/18/23, Kaplan
No, the May, 2024 Mar-a-Lago documents trial date will not be changed to a later date. 8/21/23, Cannon
Yes, Trump will have bail conditions and a $200,000 bond in GA. 8/21/23, McAfee
No, the GA RICO case will not be delayed while Trump aids seek its removal to federal court. 8/23/23, Jones
Yes, the DOJ request to bar Trump from being deposed in lawsuits brought by former FBI agents Strzok and Page (because he was president) is denied. 9/1/23, DC Appeals Court
Yes, Trump’s federal election interference trial date is set for March 4, 2024. 8/29/23, Chutkan
No, the Trump legal team may not file amicus briefs in this criminal case. 8/29/23, Chutkan
Yes, the petition for a writ of habeas corpus filed by the Trump legal team is denied. 8/29/23, Chutkan
Yes, the motion to intervene submitted by the Trump legal team is denied. 8/29/23, Chutkan

Disclaimer: This ongoing compilation is done on a best-efforts basis. If I miss or get something wrong, kindly advise me and I'll correct the list. Where a question has been appealed to a higher court, the higher court's answer is shown and the lower court's answer previously shown is removed from the list. Where an appeal is pending, the lower court's action remains on the list until the appeal is complete.

 

[muttly]

MAGA Rule #1: When you lose, learn nothing and find something else to complain about.

Leftist Authoritarian pompom waver Rule #1 Realize you really like Authoritarian regimes as long as your side is in power.

 

[ATeam]

Questions Answered in Court; Week of 9/3/23

In court for Trump this week: zero wins, three losses.

 

[RLENT]

A Friday night ruling dump by the Obama judge. Yet another example.

Errr ... no.

WAPO's original story on it was dated today @ 5:54 PM ... so clearly not "night" ... and early enough to make the evening news even.

Evidently Merrick Garland, Jack Smith, et al determined the riot of Jan 6 didn't fit the legal definition and constitutional standards of insurrection - therefore, no such charges against Trump or any of the other Jan 6 defendants.

That's some really nice wish casting ... but there are other explanations as well.

For example, it being far easier to charge (and convict) him with the crimes he was ultimately charged with ... that would still serve as a sufficient deterrent to future, similarly-inclined criminal miscreants.

The reason why the Feds have a really high conviction rate is that they - for the most part - only bring cases where they feel they have very good odds of obtaining a conviction.

That doesn't mean that there are not crimes which they don't prosecute ... especially if there are other violations of law where they can accomplish the same end more easily.

This was probably due to lack of central organization and armed rebellion like we saw in our last real rebellion - the Civil War - which spawned the 14th Amendment.

Nah ... like I said above:

There are other explanations.

 

[RLENT]

I guess how dictionaries define "insurrection" is irrelevant.
Smh
===========================================TF

People also ask


What is the real meaning of insurrection?


act of revolt or rebellion

insurrection, an organized and usually violent act of revolt or rebellion against an established government or governing authority of a nation-state or other political entity by a group of its citizens or subjects; also, any act of engaging in such a revolt.Aug 11, 2023
View attachment 22906
Encyclopedia Britannica › topic

Insurrection | Definition, Laws, Examples, & Facts - Britannica​

18 U.S. Code § 2383 - Rebellion or insurrection

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

 

[RLENT]

In other good news on this #FAFO Friday:

The Feds got what they asked for in the case of Jan 6 defendant Eric Munchel - aka "The Zip Tie Guy": he's sentenced to 57 months in prison.

Mommy Zip Tie got 3 years herself.

Also Jan 6 defendant Patrick Stedman was sentenced to 4 years prison.

Feds arrest Jan 6th'er Greg Mijares of Indiana.

Court unseals case against Jan 6th'er Nhi Ngoc Le.

On Thursday the Court scheduled a Sept 15 plea hearing in Jan 6th case of Riley Kasper of Wisconsin.

 

[ATeam]

Evidently Merrick Garland, Jack Smith, et al determined the riot of Jan 6 didn't fit the legal definition and constitutional standards of insurrection - therefore, no such charges against Trump or any of the other Jan 6 defendants.

Evidently?

What evidence do you have that Garland, Smith, et al determined the riot (your term) did not fit the legal definition and constitutional standards of insurrection? How do you know their thoughts? How do you know what the word "insurrection" means to them?

 

[ATeam]

In other good news on this #FAFO Friday:

The Feds got what they asked for in the case of Jan 6 defendant Eric Munchel - aka "The Zip Tie Guy": he's sentenced to 57 months in prison.

Mommy Zip Tie got 3 years herself.

Also Jan 6 defendant Patrick Stedman was sentenced to 4 years prison.

Feds arrest Jan 6th'er Greg Mijares of Indiana.

Court unseals case against Jan 6th'er Nhi Ngoc Le.

On Thursday the Court scheduled a Sept 15 plea hearing in Jan 6th case of Riley Kasper of Wisconsin.

It's a challenge to keep track of it all, isn't it? It took a very long time for the accountability train to arrive, but it's clearly here.

 

[RLENT]

It's a challenge to keep track of it all, isn't it?

Yes it is.

I don't look every day, but I do check in on a couple of folks from time to time that have been tracking the Jan 6th arrests and cases and the action seems to be on the increase lately.

And there's been a lot of OSI/identification work that has been done by private individuals that has been sent to the Feds for action.

Just a matter of the Feds having the time and resources to get to all of it.

It took a very long time for the accountability train to arrive, but it's clearly here.

Yup.

 

[muttly]

It's a challenge to keep track of it all, isn't it? It took a very long time for the accountability train to arrive, but it's clearly here.

 

[coalminer]

They walk among us....

MSN

Your proposal is acceptable….

 

[danthewolf00]

Evidently?

What evidence do you have that Garland, Smith, et al determined the riot (your term) did not fit the legal definition and constitutional standards of insurrection? How do you know their thoughts? How do you know what the word "insurrection" means to them?

Because they have not charged anyone or thrown people from the 2020 riots in jail. The burning of a bank,a post office, a police station......but Democrats prosecute Republicans that got mad.