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Donald Trump discussion Thread IX (threadbanned users listed in OP)

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Comments

  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,558 CMod ✭✭✭✭Nody


    Except Trump was impeached by the congress for insurrection in 2021 with support of both parties (i.e. it was not only the democrats or republicans); hence the elected congress has concluded he did commit insurrection. The senate failed as "he was no longer the president" but that does not change the fact of the charge itself by the Senate and a majority there voted to convict.



  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    If that is accepted to be legally correct: He was tried for insurrection according to the constitution, found guilty in the house of Congress and let off in the Senate on a "loophole" basis that he was no longer the sitting president [an acceptance by the Upper House that he had lost the election] then maybe the USSC could use the houses votes to declare that he had been recognized by both houses to be an insurrectionist.

    That being the cold hard fact, it could give the USSC the opportunity to say that both houses of congress had decided that Trump was an insurrectionist on the 06/01/2020 in line with the constitution and federal law, that there would be no need for a rehash of his impeachment trial [a double jeopardy] and the Colorado court merely recognized the fact that Trump had been found against in what counted as a constitutional court [both upper and lower houses in congress] in line with federal law.

    The nub of the issue is the fact that Trump refuses to accept that he should as liable to the rule of US law as every other US citizen merely because it doesn't fit his personal opinion. He has had his day in court over his voluntary acts and deeds linked to the insurrection which he fomented for his personal benefit, not for the benefit of the constitution and other US citizens.

    One other thing the USSC could discover is find that it did not, due to conflicting links to Trump or pre-existing commitments, have sufficient members to get a quorum to sit and decide if the Colorado court decision tallied with and was lawful within the wording and meaning of Section 3 of the 14 amendment, leaving the issue unresolved until some date in the future. 2030 sounds a nice round figure.

    Edit: Hopefully the USSC could also provide a judgement [with or without request] on whether the office of the presidency is a public office and falls within the remit of section 3, amendment 14.

    Post edited by aloyisious on


  • Moderators, Science, Health & Environment Moderators Posts: 20,479 Mod ✭✭✭✭Sam Russell


    Also, the USSC could have a very short case.

    First USCC judge - 'As I was appointed following being proposed by the then current President Trump, I shall recuse myself from this case/decision!'

    Second and third USSC judge - 'For the same reason, I shall also recuse myself!'

    Forth USSC judge. 'Mr/President Trump - did you state that you did not lose the Presidential election on various dates and in various courts that you intended to overturn the election results as declared by each state, according to the laws of each state?'

    'Also, do you continue to declare that the vote was 'stolen'?'

    'On Jan 6th 2020, did you call on your supporters to march on the Capitol, with the intention of preventing the signing into law the result of the election in favour of President Biden?'

    Would Trump lie and accept he lost the election? And accept he had lied in all those cases, and in all those rallies?



  • Registered Users, Registered Users 2 Posts: 12,020 ✭✭✭✭duploelabs


    USSC doesn't hear evidence, it's rules on matters of law and the interpretation of it



  • Registered Users, Registered Users 2 Posts: 6,781 ✭✭✭Flaneur OBrien


    Ahhhh... If Carlsberg did Supreme courts...

    Unfortunately, they don't and no justice will be recusing themselves.



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  • Moderators, Science, Health & Environment Moderators Posts: 20,479 Mod ✭✭✭✭Sam Russell


    Well, there is the problem of a president allowed to pack the USSC.

    As for justices recusing themselves, no previous case has involved the president that had proposed them or any previous justice, so they could recuse themselves.

    Of course, they will not.

    There will be submissions made to them and that will be the basis of the legal decision. There is plenty of grounds for educing Trumps involvement in the insurrection on the 6th Jan 2020.



  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    If the USSC read and understand the section and amendment in the way the Colorado court read and understood it - that the presidency is a public office pursuant to the law applied to other public offices by way of election - then it should be an open and shut case.

    If the USSC decides for Trump, they will in effect be saying the presidency is not a public office, similar to the ones listed in the section and amendment. They will have to issue a statement to that effect, for clarity on the law as it stands and for the future, maybe even ensure an amending to the section's wording to explicitly make it clear the presidency is exempt from sanction under the Insurrection section.



  • Moderators, Society & Culture Moderators Posts: 17,134 Mod ✭✭✭✭Manic Moran


    Ah, no, that's not how it works. The House functions in effect as a Grand Jury. It determines whether there is a reasonable fit for a charge to answer, much like the DPP will review a Garda file before moving to trial. The trial itself is at the Senate, and there was no conviction.



  • Registered Users, Registered Users 2 Posts: 12,020 ✭✭✭✭duploelabs


    So by that rationale, no sitting president has ever been impeached



  • Registered Users, Registered Users 2 Posts: 41,036 ✭✭✭✭ohnonotgmail


    Three sitting presidents have been impeached. None have been convicted.



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  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    Is Nody correct in the post where the Senate didn't convict Trump on the basis that he was no longer president, that they took the convenient option of deciding against trying and convicting him on the impeachment charge as by that time he was no longer the sitting president - Time had run out for the impeachment charge similar to charges being legally time-barred in a statute of limitations way?

    There would have been no point in the senate convicting him on the impeachment charge as he was no longer in office as president and no longer capable of misdemeanour in office ploy?



  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,558 CMod ✭✭✭✭Nody


    On January 26, eight senators spoke out against impeachment. Senator James Lankford (R-OK) said "This is not a trial; this is political theater. You cannot remove someone from the office who is already out of office. In this trial, there is no current President, no Chief Justice, and no possibility someone could be removed from office because they are not in any office. In a moment when our nation needs to unite, this trial will only create even deeper divisions."[196] Senator Jim Inhofe (R-OK) tweeted "Given that the penalty for impeachment shall be removed from office, my reading of the Constitution leads me to believe that the Founders did not intend for us to impeach former federal officeholders. I agree with @RandPaul that it's not constitutional to try a former president."[197] Senator John Kennedy (R-LA) said "Today, I voted to affirm that these impeachment proceedings are unconstitutional. Based on the information I have right now, I voted today and will vote again later in the impeachment trial to dismiss the impeachment proceedings against former President Trump."[198] Senator Rand Paul (R-KY) tweeted "This impeachment is nothing more than a partisan exercise designed to further divide the country. Democrats claim to want to unify the country but impeaching a former president, a private citizen, is the antithesis of unity."[199] Senator Richard Shelby (R-AL) told reporters he has "deep reservations whether they should be trying him at all."[200] Senator Roy Blunt (R-MO) tweeted that "I believe the constitutional purpose for presidential impeachment is to remove a president from office, not to punish a person after they have left office."[201] Senator Shelley Moore Capito (R-WV) said "My vote today to dismiss the article of impeachment is based on the fact that impeachment was designed to remove an officeholder from public office. The Constitution does not give Congress the power to impeach a private citizen. This charge is directed at an individual who no longer holds public office. I believe it is time we focus our attention and energies on the numerous challenges our country presently faces. Instead of taking a path of divisiveness, let us heed the call to unity that we have heard spoken so often over the past few weeks."[202] Senator Thom Tillis (R-NC) said "On January 6, I said voting to reject the states' electors was a dangerous precedent we should not set. Likewise, impeaching a former President who is now a private citizen would be equally unwise."


    Mitch McConnell on the day of the vote:

    January 6th was a disgrace. American citizens attacked their own government. They used terrorism to try to stop a specific piece of democratic business they did not like. Fellow Americans beat and bloodied our own police. They stormed the Senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the Vice President. They did this because they had been fed wild falsehoods by the most powerful man on Earth – because he was angry he'd lost an election. Former President Trump's actions preceding the riot were a disgraceful dereliction of duty. The House accused the former President of, quote, 'incitement.' That is a specific term from the criminal law. Let me put that to the side for one moment and reiterate something I said weeks ago: There is no question that President Trump is practically and morally responsible for provoking the events of that day.

    There was no question on Trump's guilt; the only question was if they could impeach someone who was no longer in office.



  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    Missouri's Sec State, Jay Ashcroft, has put in his tuppence, threatening to remove Biden from that state's ballot papers if the USSC rules that Colorado's court is legally allowed to strike Trump from the Colorado ballot as the new legal standard would apply to Biden and Trump.

    How the USSC could see Jay Ashcroft's statement other than a blackmailing of it to "vote in favour of Trump or else", a direct interference with the judicial system and a contempt of court, given how it has not even yet begun a sitting to decide if Colorado's order was legal.



  • Moderators, Society & Culture Moderators Posts: 17,134 Mod ✭✭✭✭Manic Moran


    I haven't looked into it, but the reasoning is irrelevant to the result for the purposes of the current series of court cases. He hasn't been convicted, that's as far as the legal reasoning needs to take into account. How important that fact is can certainly be weighed as more or less important in its deliberations, but I'd say it's a fairly significant factor if one wants to keep a Supreme Court Precedent where presumption of innocence is getting waived.



  • Moderators, Society & Culture Moderators Posts: 17,134 Mod ✭✭✭✭Manic Moran


    Ah. I see he has already taken the Florida example I mentioned above as a problem inherent with states making their own declarations of eligibility...



  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    Fair enough, he wasn't convicted in the senate on the charge brought in the impeachment proceeding in the house. An actual decision by vote in the senate that he was not guilty of that charge would have been more valuable to Trump than a failure to provide either a guilty or a not guilty verdict.

    The rights of the individual states to make their own decisions on whom to allow on their own ballot papers is a valuable right worth defending. Jay unfortunately missed the bus to stake his claim BEFORE the USSC decided to hear the suit placed by Trumps legal team on those of other states.

    His decision to use a probable USSC ruling on the prior moves of other states to take Trump off their ballot paper seems risky, as Trump is the sole candidate named as an Insurrectionist intent on depriving congress of the lawful acceptance of the documents certifying the actual vote result of the US voters. His statement made it clear that he intends to use the USSC ruling on the removal of Trump's name from Colorado's ballot list ONLY IF the USSC agreed that Colorado's decision is legal and set what he described as a new standard. It seems that Jay is more interested in protesting a possible USSC ruling against Trump, not actually having as a motive the protection of the individual states rights to decide who's name goes on the ballots.



  • Registered Users, Registered Users 2 Posts: 16,136 ✭✭✭✭Leroy42


    It says nowhere that he needs to be convicted. It also states that providing comfort to those that did carry out insurrection is enough.

    So this all hinges on whether the POTUS falls under the amendment. The conviction requirement is a made up piece, adding words to tje amendment that do not exist, to try to muddy the waters and attemp to give Trump a way out.

    I agree that it is probably the spirit of the amendment, given the presumption of innocence, but words cannot simply to added to the amendment.

    Just like Art 2, where the words are taken as they are written. Not in the context of today, of with understanding of what they probably meant.



  • Registered Users, Registered Users 2 Posts: 41,036 ✭✭✭✭ohnonotgmail




  • Moderators, Science, Health & Environment Moderators Posts: 20,479 Mod ✭✭✭✭Sam Russell


    If Clarence Thomas and the three Trump nominees all recuse themselves, it will go against Trump big time.

    Clarence Thomas has already recused himself in a case involving the handing over of emails over the 'Steal'.

    So precedent exists for SC Judges to recuse themselves.



  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    Trump is playing the "patriot" card in Iowa, claiming the real insurrection is here and now down at the border where other governments have emptied their prisons and lunatic asylums and sent the inmates to the border while the people he had at his 2020 rally were patriotic and peaceful - peaceful and patriotic, tried and jailed in the US, were now hostages.

    Mr Trump said in Iowa: “When you talk about insurrection, what they’re doing, that’s the real deal. That’s the real deal. Not patriotically and peacefully — peacefully and patriotically.” The mention of peaceful and patriotic is apparently from his speech to his 06/01/2020 rally before the peaceful rally stormed the Capitol building.

    It doesn't really take a genius to see why he's using the word hostages to describe his jailed insurrectionist followers or where he lifted it from, nor at whom, beside Trump supporters, his remarks were aimed at.



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  • Registered Users, Registered Users 2 Posts: 21,302 ✭✭✭✭Tony EH


    The problem is not what he's saying, he'll say anything no matter how nonsensical. The issue is that there's millions who'll be happily led by the nose by him. I mean, you would have thought that after Jan 6th the scales would have fallen from America's eyes, as a whole. But here were are in 2024 and Trump is looking for another Presidential election. And there's actually a chance that he'll get in again.

    If you read it in a comic book, you'd think it too far fetched.

    Post edited by Tony EH on


  • Moderators, Sports Moderators, Paid Member Posts: 30,415 Mod ✭✭✭✭Podge_irl


    There is absolutely no reason for the 3 justices appointed by Trump to refuse themselves and they're not going to.

    Thomas should but I'm doubtful he will.

    If all 4 recused themselves the court would not be quorate anyway.



  • Moderators, Politics Moderators, Social & Fun Moderators, Sports Moderators Posts: 17,046 Mod ✭✭✭✭Quin_Dub


    Here is the problem we are dealing with here

    Screenshot_20240107-133809.png

    This is how successful Trump and his allies have been in embedding their lies into the minds of their supporters.

    And those numbers have increased in recent times.

    3 years later, there is no factual evidence that could be shown to these people that will change their minds.



  • Registered Users, Registered Users 2 Posts: 21,302 ✭✭✭✭Tony EH


    In addition, they've shown no evidence of "widespread voter fraud in the 2020 election".

    It really makes you understand just how venal and craven the Republicans are, that they can just hold their noses at blatant lies and mendacity.



  • Moderators, Politics Moderators, Social & Fun Moderators, Sports Moderators Posts: 17,046 Mod ✭✭✭✭Quin_Dub


    They'd clearly don't need to show evidence though.

    By simply repeating the same lie over and over again they have convinced two thirds of their voters that it is true without ever having to show a single shred of actual proof.



  • Registered Users, Registered Users 2 Posts: 12,020 ✭✭✭✭duploelabs


    Its the right wing way of arguing, as demstrated here. It's not verified data or facts that win, it's headlines and who shouts the loudest that does



  • Moderators, Technology & Internet Moderators Posts: 7,523 Mod ✭✭✭✭pleasant Co.


    As has been demonstrated time after time, conservatives will be guilty of whatever their current shouting point is - this time it’s the moany cry of facts not caring about one’s feelings but the list is decades long.



  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    In what the Independent has reported as a good news story, the Republican leadership, Speaker Johnson and Chuck Schumer have come to an funding agreement to the tune of 1.59 Trillion dollars. The Washington Post previously reported in Dec that the House Freedom Caucus leadership have signed on to the deal.

    If the deal passes all hurdles in the Senate, it'll be a significant win for Speaker Johnson and maybe a sign that the grip of those persons of strange intent in congress has weakened in the recent past without much publicity. The deal might also mean that the influence of the last president over the HFC has been weakened by distancing between them. I don't know when the former president was last in Washington or in contact with anyone in the HFC.



  • Moderators, Politics Moderators, Social & Fun Moderators, Sports Moderators Posts: 17,046 Mod ✭✭✭✭Quin_Dub


    You will still have the nutters trying to oust him and calling him a traitor etc. etc.



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  • Registered Users, Registered Users 2 Posts: 13,335 ✭✭✭✭aloyisious


    Tomorrows hearing at the Federal Appeals Court of Trump's immunity from prosecution claim should be interesting, putting it mildly, as he says he will be attending it. “As President, I was protecting our Country, and doing a great job of doing so, just look around at the complete mess that Crooked Joe Biden has caused. The least I am entitled to is Presidential Immunity on Fake Biden Indictments!” Trump said in his post on Truth Social.

    He's appealing the ruling of Judge Chutkan on Dec 01: “Nothing in the Constitution’s text or allocation of government powers requires exempting former Presidents from that solemn process. “And neither the People who adopted the Constitution nor those who have safeguarded it across generations have ever understood it to do so. “Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”

    If he loses and the USSC does not become involved, having declined to immediately become involved [with the Colorado name-on-ballot-paper issue before it] his trial on the 4 charges should start in March.



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