On Monday, March 4, 2024 at 11:20:44 PM UTC+1 Brent Meeker wrote:



On 3/4/2024 12:24 PM, John Clark wrote:

On Mon, Mar 4, 2024 at 2:41 PM Dylan Distasio <inte...@gmail.com> wrote:
 

*> Whether Trump was actually guilty of insurrection is a moot point from a 
legal perspective in ruling on a state taking this kind of action.   It 
would have to come from Congress.*


Then why didn't the 14th amendment specify that the federal government, not 
the states, were the ultimate authority on who committed insurrection and 
who did not? Historically, unless the US Constitution said otherwise, the 
states were allowed to write their own election laws. For example, Wyoming 
gave women the right to vote as early as 1869, but the 19th amendment which 
gave all women in all the states the right to vote didn't become law until 
1920.  Another example would be the direct election of senators, in 1908 
Oregon law said senators would be determined by the popular vote, but that 
didn't become universal across the country until 1913 with the passage of 
the 17th amendment. 

 > *everyone should feel good that the SCOTUS put personal feelings aside, 
and did their job.*


It's absolutely outrageous that Clarence Thomas didn't recuse himself on 
this decision because his wife was part of the mob that attacked the 
capital on January 6, 2021. And I do NOT feel good about that because if 
that isn't a conflict of interest then what the hell is?  

There's something else I don't feel good about. When it comes to a criminal 
case that is likely to harm Trump, like deciding if a former president can 
be prosecuted for ordering seal team six to assassinate a political rival, 


They won't make that ruling though, because then Joe can order the Secret 
Service Presidential Security detail to just off Donald Dump.

Brent


Yes, but this and/or slowdown can be exploited to demonstrate that immunity 
for the sake of future presidents being freed from frivolous prosecution 
must have constraints; and that without such constraints, say in 
legislation blocking climates, somebody has to prosecute anti-democratic 
moves/intentions without precedence. Otherwise why not do what Cuban said a 
couple of weeks ago? 

https://twitter.com/mcuban/status/1741537504124162193?lang=en



*I wish Biden would come out and say  he wants Trump on the ballot. The 
14th doesn't apply.  Then thanks him for the playbook describing how to 
never leave office and the appreciation of knowing he can't be charged, no 
matter what he does.  And ends it with " My Fellow Americans , I'm not ever 
going to leave the White House and there is nothing you can do to me. "*
*Which would confirm exactly why SCOTUS will keep Trump off the ballots and 
why Trump will never get immunity.*

Anti-democratic threats have to be confronted with more boldness of this 
kind. People who threaten it are not eligible for office or voting. The TOE 
relevance to this list? In any theory or system, one cannot have agents 
benefiting from rights/powers/abilities (e.g. universal voting rights) to 
promote undermining of the same. In game theory as an example, this would 
be a participant in a scenario, that forgoes the use of their own 
abilities/powers. This renders the system/game futile for those 
participants. Therefore via any systemic thinking or rational implication, 
they are not true participants. In any universe, with any physics or TOE.

Interesting times. Authoritarians and absolutists everywhere bending 
everything every which way... and the rest thinking about how to act best 
in accordance with their principles. At some point, the rest may realize 
what's at stake and find the balls to execute Cuban like moves. It looks 
too slow and weak. 

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