
I keep getting emails asking for money so Democrats can pretend to fight the injustices they know will be coming once Trump is sworn in.
Why are they ignoring the only fight that matters in this critical moment?
Trump can’t take office as an insurrectionist
Trump should not be sworn in, and the only reason all the legal experts and pundits can provide for avoiding this reality is that SCOTUS commented (as an aside, during a prior case) that Congress would need to take a separate action to bar Trump from taking office. This is in direct contradiction to the law, as written.
The bar from taking office for an insurrectionist does not require a separate act of Congress. The language is plain and clear: for an insurrectionist to take office, 2/3 of both Houses of Congress must “remove such disability.”
Yet, while one legal expert after another will attest to this simple fact, none of them are willing to do anything about it. And all of them cite the same poor reasoning: Some of the justices on the Supreme Court commented that it would take a separate act of Congress to enforce the law. But this comment was not part of an official ruling.
During the same case, SCOTUS also said that the insurrection clause could not be used to prevent Trump from running — only from taking office. So, why are we not stopping him from being sworn in?
Ah, well, that’s because SCOTUS deliberately confused the issue with irrelevant statements to make us all believe we are powerless to stop Trump now that he has been elected. Think about that.
SCOTUS knew Dems wouldn’t have the balls to do anything once the election was over, so rather than follow the law in the first place and prevent an insurrectionist from running for office, an office the law says he cannot assume, without a separate act of Congress, they fudged it.
SCOTUS pretended the law says something it doesn’t — and every pundit, legal scholar, and political analyst went along with it.
SCOTUS corruption has been proven by investigation
Senate Democrats have made public the findings of a Congressional investigation into corruption in the Supreme Court. The billionaire class has been buying off a handful of justices in order to influence the ability of the Republican Party (aka: Trump) to take and keep power. This should disqualify them from having any influence on our politics. Period.
The law says Congress must vote to allow Trump to be sworn in — not to prevent him from taking the oath. There is no ambiguity in the law. If we allow a corrupt and biased Supreme Court to lie to us about what the law says or means, we will be complicit in selling our democracy to the highest bidder.
Everybody wants your money — nobody wants to help you
I wrote a letter to Public Citizen today. They want money — again. They have an excellent plan for fighting everything the Trump administration wants to do. Unfortunately, they do not mention following the law and doing what our Constitution requires to keep Trump out of office.
Instead of saving our country, they want us to finance their decision to keep swatting mosquitoes while we stand by helplessly in the path of the coming tsunami. I called them out for it and wrote back with a strategy for stopping this madness and doing what the law requires. Rather than repeat the argument with different words, I’ll paste it here.
(This will be my last post for a while. I’m worn out trying to reach people willing to do something meaningful at this critical juncture. I’ve received messages saying, “You’re preaching to the choir,” from Professor Laurence Tribe and several others who still want to behave as if an unofficial comment by a corrupt Supreme Court holds any value. And as long as everyone believes this, we are indeed powerless. But I will not concede this point. Even if this is my last chance to say it.)
Dear Public Citizen,
Thank you for all your hard work. I wonder if you have given any thought to supporting the efforts to call out SCOTUS as illegitimate, corrupt and no longer worthy of our respect (based on the ethics report recently released by Congress that proves these allegations) in order to fight the REAL fight, which would mean asking Congress to follow the law, as written, and only allow Trump to be sworn in if he can get 2/3 of both Houses to support him.
We know what we're in for. We need to stop it. Why are people still deferring to SCOTUS as if they have any power at all? How many times have we heard that the only power they have is the power given to them by virtue of the public trust? They've lost that--completely. We have all the evidence we need to show this fundamental truth.
If you want to make a difference, start promoting a strategy whereby the Senate asks one of their members to read the text of the 14th Amendment, Section 3, on the floor of the Senate, then reminds everyone of how Republicans felt about Trump the day after the insurrection. It's all recorded history. Why are we pretending it isn't?
Then the Senate should follow the law and ask for a vote to "remove such disability" as the insurrection clause makes clear does apply to Trump. SCOTUS did not rule on this--they commented on something not argued in the case presented to them.
The idea that Congress must take a separate action to bar Trump from running is not law--it's dictum. The Constitution makes it clear that this clause is self-executing, no matter what some justices say. Congress should follow the Constitution, not allow corrupt justices bought and paid for by billionaires to destroy the rule of law.
Where are the brave people who will push for this? So far, only Jessica Denson and Leigh McGowan seem to understand how vital this is. Why are you not helping us with this? Why focus on everything but the single most important thing?
NOTE: If you’d like to sign a petition to ask Congress to do their job, click here: