“Trump’s misconduct included his refusal to accept Biden’s victory, his persistent peddling of his stolen-election fantasy, his pressure on state and federal officials to embrace that fantasy, the incendiary speech he delivered to his supporters before the riot, and his failure to intervene after a couple thousand of those supporters invaded the Capitol, interrupting the congressional ratification of the election results. All of that was more than enough to conclude that Trump had egregiously violated his oath to “faithfully execute” his office and to “preserve, protect and defend the Constitution.” It was more than enough to justify his conviction for high crimes and misdemeanors in the Senate, which would have prevented him from running for president again.”
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“”At oral argument,” the opinion notes, “President Trump’s counsel, while not providing a specific definition, argued that an insurrection is more than a riot but less than a rebellion. We agree that an insurrection falls along a spectrum of related conduct.” But the court does not offer “a specific definition” either: “It suffices for us to conclude that any definition of ‘insurrection’ for purposes of Section Three would encompass a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power in this country.”
That description suggests a level of intent and coordination that seems at odds with the chaotic reality of the Capitol riot. Some rioters were members of groups, such as the Oath Keepers and the Proud Boys, that thought the use of force was justified to keep Trump in office. But even in those cases, federal prosecutors had a hard time proving a specific conspiracy to “hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power” by interrupting the electoral vote tally on January 6. And the vast majority of rioters seem to have acted spontaneously, with no clear goal in mind other than expressing their outrage at an election outcome they believed was the product of massive fraud.
They believed that, of course, because that is what Trump told them. But to the extent that Trump bears moral and political responsibility for riling them up with his phony grievance (which he does), his culpability hinges on the assumption that the rioters acted impulsively and emotionally in the heat of the moment. That understanding is hard to reconcile with the Colorado Supreme Court’s premise that Trump’s hotheaded supporters acted in concert with the intent of forcibly preventing “a peaceful transfer of power.”
Nor is it clear that Trump “engaged in” the “insurrection” that the court perceives. After reviewing dictionary definitions and the views of Henry Stanbery, the U.S. attorney general when the 14th Amendment was debated, the majority concludes that “‘engaged in’ requires ‘an overt and voluntary act, done with the intent of aiding or furthering the common unlawful purpose.'”
Trump’s pre-riot speech was reckless because it was foreseeable that at least some people in his audience would be moved to go beyond peaceful protest. Some 2,000 of the 50,000 or so supporters he addressed that day (around 4 percent) participated in the assault on the Capitol. But that does not necessarily mean Trump intended that result. In concluding that he did, the court interprets Trump’s demand that his supporters “fight like hell” to “save our democracy” literally rather than figuratively. It also notes that he repeatedly urged them to march toward the Capitol. As the court sees it, that means Trump “literally exhorted his supporters to fight at the Capitol.”
The justices eventually concede that Trump, who never explicitly called for violence, said his supporters would be “marching to the Capitol building to peacefully and patriotically make your voices heard.” But they discount that phrasing as cover for Trump’s actual intent. Given Trump’s emphasis on the necessity of “fight[ing] like hell” to avert the disaster that would result if Biden were allowed to take office, they say, the implicit message was that the use of force was justified. In support of that conclusion, the court cites Chapman University sociologist Peter Simi, who testified that “Trump’s speech took place in the context of a pattern of Trump’s knowing ‘encouragement and promotion of violence,'” which he accomplished by “develop[ing] and deploy[ing] a shared coded language with his violent supporters.”
That seems like a pretty speculative basis for concluding that Trump intentionally encouraged his supporters to attack the Capitol. Given what we know about Trump, it is perfectly plausible that, unlike any reasonably prudent person, he was heedless of the danger that his words posed in this context.”
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“The Colorado Supreme Court’s belief that Trump intentionally caused a riot also figures in its rejection of his argument that his January 6 speech was protected by the First Amendment. The relevant standard here comes from the U.S. Supreme Court’s 1969 decision in Brandenburg v. Ohio, which involved a Klansman who was convicted of promoting terrorism and criminal syndicalism. Under Brandenburg, even advocacy of illegal conduct is constitutionally protected unless it is both “directed” at inciting “imminent lawless action” and “likely” to do so.
The Colorado Supreme Court quotes the 6th Circuit’s elucidation of that test in the 2015 case Bible Believers v. Wayne County: “The Brandenburg test precludes speech from being sanctioned as incitement to riot unless (1) the speech explicitly or implicitly encouraged the use of violence or lawless action, (2) the speaker intends that his speech will result in the use of violence or lawless action, and (3) the imminent use of violence or lawless action is the likely result of his speech.”
It is hard to deny that Trump’s speech satisfies the third prong, which is why it provoked so much well-deserved criticism and rightly figured in his impeachment. But what about the other two prongs?
Applying the first prong, the court cites “the general atmosphere of political violence that President Trump created before January 6” as well as the “coded language” of his speech that day. As evidence of the “specific intent” required by the second prong, it notes that “federal agencies that President Trump oversaw identified threats of violence ahead of January 6.” It also cites what it takes to be the implicit message of Trump’s speech and his reluctance to intervene after the riot started.
“President Trump intended that his speech would result in the use of violence or lawless action on January 6 to prevent the peaceful transfer of power,” the court says. “Despite his knowledge of the anger that he had instigated, his calls to arms, his awareness of the threats of violence that had been made leading up to January 6, and the obvious fact that many in the crowd were angry and armed, President Trump told his riled-up supporters to walk down to the Capitol and fight. He then stood back and let the fighting happen, despite having the ability and authority to stop it (with his words or by calling in the military), thereby confirming that this violence was what he intended.””
“Special counsel Jack Smith’s team has uncovered previously undisclosed details about former President Donald Trump’s refusal to help stop the violent attack on the U.S. Capitol three years ago as he sat watching TV inside the White House, according to sources familiar with what Smith’s team has learned during its Jan. 6 probe.
Many of the exclusive details come from the questioning of Trump’s former deputy chief of staff, Dan Scavino”
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“Sources said Scavino told Smith’s investigators that as the violence began to escalate that day, Trump “was just not interested” in doing more to stop it.
Sources also said former Trump aide Nick Luna told federal investigators that when Trump was informed that then-Vice President Mike Pence had to be rushed to a secure location, Trump responded, “So what?” — which sources said Luna saw as an unexpected willingness by Trump to let potential harm come to a longtime loyalist.
House Democrats and other critics have openly accused Trump of failing to do enough that day, with the Democrat-led House select committee accusing Trump of committing “an utter moral failure” and “a clear dereliction of duty.” But what sources now describe to ABC News are the assessments and first-hand accounts of several of Trump’s own advisers who stood by him for years — and were among the few to directly engage with him throughout that day.”
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“According to sources, when speaking with Smith’s team, Scavino recalled telling Trump in a phone call the night of Jan. 6: “This is all your legacy here, and there’s smoke coming out of the Capitol.””
“The case turns on a previously obscure provision of the 14th Amendment, which provides that anyone who previously held a high office requiring them to swear an oath supporting the Constitution is forbidden from holding a similar office if they “have engaged in insurrection or rebellion” against that Constitution.
The Colorado Supreme Court concluded that Trump engaged in an “insurrection” because he spent months falsely claiming that the 2020 election was “rigged.” He encouraged his supporters to “fight,” suggesting that Democrats would “fight to the death” if the shoe were on the other foot. And Trump named then-Vice President Mike Pence as someone who should be targeted by the pro-Trump mob that invaded the Capitol.
But there is precious little case law laying out what this provision of the Constitution means, or defining key terms like “insurrection” or what it means to “engage in” such an attack on the United States. Since the period immediately following the Civil War, there has not been much litigation involving disloyal public officials who joined an insurrection against the very system of government they swore to defend. So courts asked to interpret the 14th Amendment’s Insurrection Clause — including the Supreme Court — must do so without the ordinary guideposts judges look to when reading the Constitution.”
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“In addition to their legal arguments, Colorado Republicans also make a political argument for keeping Trump on the ballot — removing him would deny voters “the ability to choose their Chief Executive through the electoral process.” This purely political argument has garnered sympathy from many observers, including outlets such as the New York Times.
This final argument, if taken seriously by a majority of the justices, could render the 14th Amendment’s Insurrection Clause a dead letter — because it would prevent it from operating in the one circumstance when such a constitutional provision is needed.”
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“allowing insurrectionists with significant public support to stand for office would defeat the whole point of the Constitution’s Insurrection Clause.
Unpopular insurrectionists will never get elected to office in the first place because they are unpopular.”
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“The Colorado GOP does raise one fairly strong legal argument that supports deferring the question of whether Trump should be removed from the 2024 ballot until, at least, after he is convicted of a crime or otherwise determined to have engaged in insurrection by a federal trial court.
In Ownbey v. Morgan (1921), a case that admittedly had nothing to do with the Insurrection Clause, the Supreme Court said that “it cannot rightly be said that the Fourteenth Amendment furnishes a universal and self-executing remedy.” This means that private litigants ordinarily cannot sue to enforce this amendment, absent some state or federal statute authorizing such lawsuits.”
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“the Colorado Supreme Court determined that a state statute permitting voters to challenge candidates’ eligibility to run for office does permit suits seeking to enforce the Insurrection Clause, and states often have the power to pass laws permitting their own courts to enforce the Constitution.”
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“as the Colorado GOP warns the justices, the Colorado Supreme Court’s decision also means that “individual litigants, state courts, and secretaries of state in all 50 states plus the District of Columbia have authority” to determine which candidates must be removed from the ballot for violating the 14th Amendment. And, while there is no reason to believe that Colorado’s judges acted in bad faith when they removed Trump, it’s not hard to imagine what could happen in states with less responsible judges if the Colorado decision is allowed to stand.
Imagine, for example, that the Florida Supreme Court — which is made up entirely of Republican appointees, most of whom were appointed by far-right Gov. Ron DeSantis — were to invent some completely fabricated reason to accuse President Joe Biden of engaging in an insurrection, and then imagine that they invoked this pretextual reason to remove Biden from the 2024 ballot.”
…
“Trump wasn’t exactly denied a trial altogether before he was removed from Colorado’s ballot. But, as Justice Carlos Samour wrote in a dissenting opinion, the process Colorado’s courts used to determine that Trump engaged in an insurrection was unusually truncated. It lacked “basic discovery, the ability to subpoena documents and compel witnesses, [and] workable timeframes to adequately investigate and develop defenses.” And, as Justice Maria Berkenkotter wrote in her dissent, the Colorado courts relied on a process that “up until now has been limited to challenges involving relatively straightforward issues, like whether a candidate meets a residency requirement for a school board election.”
In any event, the Colorado GOP takes its argument that the 14th Amendment is not self-executing too far, suggesting that Trump cannot be disqualified unless he is convicted in a federal court specifically of violating a criminal statute that uses the magic word “insurrection.” But they raise valid points against allowing each state to have the final word on who can run for president, and against allowing Trump to be removed based on the limited process he received in the Colorado system.”
“Perhaps the clearest sign came in a speech on Veterans Day where he vowed to “root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections.” Calling one’s opponents subhuman and vowing aggressive action against them is a hallmark of classical fascist rhetoric, so much so that the Washington Post’s headline — on a news article, not an opinion piece — described it as “echoing dictators Hitler [and] Mussolini.”
They’re not wrong: Anyone familiar with Nazi propaganda can tell you that it commonly dehumanized Jews by describing us as rats or diseases. Trump has used such language more than once: Just last month, he claimed immigrants were “poisoning the blood of our country.”
This incendiary language is backed by an incendiary policy agenda. Trump and his team have a series of proposals to crack down on dissent, including by remaking the Justice Department into a tool for jailing his enemies and sending troops to suppress protests. They aim to launch mass anti-immigrant raids and detain the people he rounds up in camps. They have extensive plans to replace as many as 50,000 career civil servants with ideologues and toadies, putting people ready and willing to undermine the rule of law in key positions to act on Trump’s dubious orders.
Given Trump’s track record, we should take these threats seriously. Let’s not forget that many thought it was unthinkable that Trump would attempt a kind of coup after the 2020 election. We now know that’s exactly what happened, up to and including inciting an actual riot on January 6.”
“A coalition of ethnic armed militias in Myanmar have launched what could be the best possible chance to overthrow the military government that has controlled the country since a 2021 coup ousted the democratically elected National League for Democracy (NLD).
If successful, this could be the groundwork for a more normalized democracy for a country that has historically been dominated by military juntas and dictators. Engagement from civil society has been high and is a key factor that can turn military victories into long-term successes. Still, nothing is guaranteed, and the fight is likely to be difficult.
On October 27, the Three Brotherhood Alliance, a coalition of three ethnic armed groups, launched a well-coordinated offensive in the eastern Shan state, the largest of Myanmar’s seven states by land area. The surprise attack successfully captured several government military installations by the Chinese border and has also inspired other armed groups to launch their own successful campaigns against the repressive Tatmadaw or State Administration Council, as the junta is called in Myanmar.
Myanmar has been under military rule for much of its history as an independent nation; as in many other Southeast Asian nations, democratic movements have struggled to gain traction against powerful and entrenched military interests. After a decade of democratic reforms driven by a series of popular uprisings against the military government, Myanmar seemed to break from the past; in 2015 and 2020, the country held free elections, which the NLD won handily. But the Tatmadaw seized power in 2021, igniting nearly three years of brutal civil conflict in which the government has killed thousands of civilians.
Though the Three Brotherhood Alliance and similar ethnic armed groups have not taken over the whole country and the Tatmadaw still has far more firepower than any of the armed groups, the October 27 offensive and ensuing military successes have kindled a cautious hope that the military dictatorship could be toppled.”
““This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” Johnson said at the meeting, according to a record of his comments obtained by POLITICO, before urging his fellow Republicans to join him in opposing the results.
A review of the chaotic weeks between Trump’s defeat at the polls on Nov. 3, 2020, and the Jan. 6 Capitol attack shows that Johnson led the way in shaping legal arguments that became gospel among GOP lawmakers who sought to derail Biden’s path to the White House — even after all but the most extreme options had elapsed.
As Trump’s legal challenges faltered, Johnson consistently spread a singular message: It’s not over yet. And when Texas filed a last-ditch lawsuit against four states on Dec. 8, 2020, seeking to invalidate their presidential election results and throw out millions of ballots, Johnson quickly revealed he would be helming an effort to support it with a brief signed by members of Congress.
Throughout that period, Johnson was routinely in touch with Trump, even more so than many of his more recognizable colleagues.
Some of Johnson’s vocal opponents at the Jan. 5, 2021, closed-door meeting were Reps. Chip Roy (R-Texas) and Don Bacon (R-Neb.), who warned Johnson’s plan would lead to a constitutional and political catastrophe.
“Let us not turn the last firewall for liberty we have remaining on its head in a bit of populist rage for political expediency,” Roy said at the time, according to the record.
Nearly three years later, on Wednesday afternoon, Roy and Bacon cast two of the unanimous House GOP votes to make Johnson the next speaker.”
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“Johnson then ran through a litany of allegations of election law changes in key states that he said were unconstitutional — and then he lent credence to a discredited claim of election fraud: “The allegation about these voting machines, some of them being rigged with the software by Dominion — look, there’s a lot of merit to that.”
In the same interview, Johnson — who as speaker will be privy to the nation’s most sensitive intelligence secrets — returned to the Dominion matter. He embraced the false description of Dominion machines as “a software system that is used all around the country that is suspect because it came from Hugo Chavez’s Venezuela.”
When the hosts pressed Johnson on Trump’s losses in court, the Louisianan noted that there were still a dozen suits pending but it was an “uphill climb.” Later that day, House Republicans elected Johnson as the vice chair of the GOP conference.
When Johnson joined the effort to support Texas’ fight at the Supreme Court, he said Trump had been in touch with him yet again.
“President Trump called me this morning to let me know how much he appreciates the amicus brief we are filing on behalf of Members of Congress,” Johnson tweeted the next day.”
“As he understands it, this country was founded as a Christian nation. And he stands in a long tradition of conservative white evangelicals, particularly inside the Southern Baptist Convention, who have a distinct understanding of what that means. And this is where evangelical author and activist David Barton comes in.
Johnson has said that Barton’s ideas and teachings have been extremely influential on him, and that is essentially rooting him in this longer tradition of Christian nationalism. Christian nationalism essentially posits the idea that America is founded on God’s laws, and that the Constitution is a reflection of God’s laws. Therefore, any interpretation of the Constitution must align with Christian nationalists’ understanding of God’s laws. Freedom for them means freedom to obey God’s law, not freedom to do what you want. So really, Christian supremacy and a particular type of conservative Christianity is at the heart of Johnson’s understanding of the Constitution and an understanding of our government.”
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“The core principles of our nation reflect these biblical truths and biblical principles. He has gone on record saying things like, for him, this biblical worldview means that all authority comes from God and that there are distinct realms of God-ordained authority, and that is the family, the church and the government.
Now, all this authority, of course, is under this broader understanding of God-given authority. So it’s not the right of any parents to decide what’s best for their kids; it’s the right of parents to decide what’s best for their kids in alignment with his understanding of biblical law. Same thing with the church’s role: It is to spread Christianity but also to care for the poor. That’s not the government’s job.
And then the government’s job is to support this understanding of authority and to align the country with God’s laws.”
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“one of Johnson’s core principles of American conservatism — as he reiterated them in his speech on Wednesday — is free enterprise. For conservative evangelicals, they don’t really see much of a tension between these”
“Sen. Tommy Tuberville is not relenting from his monthslong blockade of military nominations over the Biden administration’s abortion policy — even in the face of one of America’s closest allies going to war.”
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“over 300 nominees are in limbo, including two picks for the Joint Chiefs of Staff, and top officers slated to command U.S. forces in the Middle East.”
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“Democrats could force votes on any of these nominees at any time. Yet Senate Democratic leadership for months has remained steadfast against holding individual votes for military nominations, citing the length of time it would take to get through them all and the precedent of quick, en masse confirmations for uniformed leaders.
Senate Minority Leader Mitch McConnell has privately warned his conference that Democrats may ultimately feel compelled to change Senate rules if Tuberville and others don’t relent.”
“The state’s legislature is so aggressively gerrymandered that it is likely impossible for Republicans to lose control of it in an election. In 2018, for example, Democratic state assembly candidates received 54 percent of the popular vote in Wisconsin, but Republicans still won 63 of the assembly’s 99 seats.
There is, however, a light at the end of this tunnel both for small-d democrats and for large-D Democrats in the notoriously contentious swing state. Last April, Justice Janet Protasiewicz won a landslide election victory over a former, very conservative state justice. She took her seat at the beginning of August, giving Democrats a 4-3 majority on the state supreme court. (Technically, supreme court races in Wisconsin are nonpartisan, but every recent race has pitted a liberal supported by Democrats against a conservative supported by Republicans.)
Litigants challenging the gerrymandered state legislature filed a lawsuit, known as Clarke v. Wisconsin Elections Commission, the very next day.
A quirk in the state constitution, however, may allow Wisconsin’s gerrymandered legislature to strip Protasiewicz of her ability to decide cases, and to do so indefinitely. That would leave the state supreme court evenly divided between Democrats and Republicans, and thus unable (or, at least, unwilling) to strike down the state’s gerrymander.
According to the New York Times, “Republicans in Wisconsin are coalescing around the prospect of impeaching” Protasiewicz. If the state assembly moved forward with impeachment, and then the gerrymandered state Senate convicted her, that wouldn’t actually be that big of a deal. Democratic Gov. Tony Evers could immediately appoint a replacement justice, who would then provide the fourth vote to strike down the gerrymandered maps.
But the state constitution also provides that “no judicial officer shall exercise [her] office, after [s]he shall have been impeached, until [her] acquittal.” So the state assembly could conceivably impeach Protasiewicz, and then the state senate could delay her trial forever — effectively creating a vacancy on the court that could last for a very long time.
There’s a very strong argument that this impeachment plan violates the First Amendment. So, if Republicans actually move forward with this plan, Protasiewicz or some other interested party would likely file a federal lawsuit seeking to restore her to office. But, even if that lawsuit succeeds, that could take years.
And there’s no guarantee that the federal judiciary, and especially a US Supreme Court with six GOP-appointed justices, would honor past precedents indicating that Protasiewicz cannot be suspended from her office. Indeed, one member of the Supreme Court, Justice Samuel Alito, has already signaled that he will intervene to ensure that Republicans keep their stranglehold on the state legislature.”
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“if Protasiewicz’s court also is not allowed to strike down these gerrymanders, the people of Wisconsin will be left with no lawful recourse whatsoever against permanent Republican control of their state legislature.”