Canceling the Constitution: Biden Hailed for Violating Rule of Law to Extend Eviction Moratorium

Below is my column in the Hill on the extension of the eviction moratorium — a move that his White House Counsel and most legal experts told him was unconstitutional. However, according to the Washington Post, Speaker Nancy Pelosi encouraged Biden to call Harvard Professor Laurence Tribe who reportedly advised him that he had the authority. I have had many (and sharp) disagreements with Tribe over the years (including profane and personal attacks) but there is usually some good-faith underlying disagreement in controversies like impeachment. This is not such a case. I fail to see the credible basis for telling a President that the CDC can use the same authority that five justices just declared it did not have.

Here is the column:

During the 2020 presidential campaign, then-candidate Joe Biden told voters that the choice between him and Donald Trump was between the lawful and the lawless. He called for voters to support “the rule of law, our Constitution,” a choice repeated mantralike by the media to “end Trump’s assault on the rule of law.” Now, six months into his presidency, Biden is openly flouting the Constitution with a knowingly invalid extension of the eviction moratorium — and some law professors and advocates on the left are cheering him for it.

A few weeks ago, the Supreme Court ruled on the authority of the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters during the pandemic. Some of us criticized the CDC order as unconstitutional. The reason is the breathtaking authority claimed by the CDC under a federal law that gives it the power to “make and enforce such regulations as in [its] judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases.”

I have long been a critic of such unchecked and undefined authority in pandemics. This, however, is a particularly chilling example. It would give the CDC authority over huge swaths of our economy to avoid even the possibility of the “introduction” or spread of a disease. It means that a Constitution designed to prevent tyranny and authoritarianism becomes largely irrelevant if you put on a white lab coat. After all, the law was designed to control disease, not democracy, as a public health priority.

In its 5-4 decision in Alabama Association of Realtors v. Department of Health and Human Services, the Supreme Court kept the CDC moratorium in place but left no question that a majority of justices ultimately view the CDC order as unconstitutional. On the minority side of the vote, Justices Clarence ThomasSamuel AlitoNeil Gorsuch and Amy Coney Barrett wanted to suspend the eviction moratorium as unconstitutional. Yet the CDC’s original order was about to expire anyway, so — in a somewhat baffling concurrence — Justice Brett Kavanaugh supplied the fifth vote in favor of the CDC to allow the law to simply expire and thereby enable an “additional and more orderly distribution of the congressionally appropriated rental assistance.” Thus, Kavanaugh voted with the majority in this case — but also indicated that he agreed with his conservative colleagues on the larger point that the CDC never had the authority to issue the nationwide eviction moratorium in the first place without a congressional act.

Biden acknowledged the obvious — that any new order to extend the moratorium would be unconstitutional. Indeed, he admitted that legal experts overwhelmingly told him so: “The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster.” Yet he added that he was able to find “several key scholars who think that it may and it’s worth the effort.”

The fact that most scholars relied upon by the Biden White House said the move would be unconstitutional is itself remarkable. Given the makeup of most law faculties, Democrats in Congress usually can expect hundreds of supportive academics to sign letters and attest to their legal positions.

The question then arose as to who would offer Biden constitutional cover when virtually every other liberal professor declined to do so — and the “several key scholars” were guessed by some of us to be a single figure: Harvard law professor Laurence Tribe. After his own White House counsel agreed that the move would be unconstitutional, Biden reportedly told his chief of staff, Ron Klain, to call Tribe, who has been consistently there for Democrats, from supporting court packing to declaring Trump a terrorist to attacking Republicans and those with conflicting views.

Tribe and I have long disagreed on constitutional questions, but the partisanship was often laced with some plausibility. The advice in this instance is incredible for its sheer mendacity. The court clearly stated that the CDC lacks this authority, but Tribe reportedly assured Biden that this technically would be a new order, even though it is based on the same unconstitutional claim. It is like being given a parole for stealing a BMW and then immediately stealing a Lexus because it is a different car. The problem was the act, not the make of the car.

What is particularly alarming was Biden’s reason for why it may be “worth the effort” — that “at a minimum, by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people.” In other words, with appeals, the Biden administration could rush out money before the courts could shut it down.

Biden was hailed for his extraconstitutional commitment to social justice. One liberal commentator declared that “with one small action, Biden reveals himself as a better leader than Trump.” That “small action” was violating the Constitution — the document he swore to uphold, “so help me God,” at his inaugural. Nevertheless, gutting the rule of law is somehow now seen as “a sign of leadership in action.”

Biden is not a first-time offender. When he was vice president, the Obama administration green-lighted the expenditure of billions under ObamaCare despite lacking congressional approval. I represented the House of Representatives as lead counsel in successfully challenging that clearly unconstitutional act, but the administration was never required to get the money back. With the cover offered by Tribe in this instance, Biden apparently hopes to repeat the same tactic to bar evictions while evading the Constitution.

When confronted on his unconstitutional strategy, Biden repeatedly reminded reporters that a pandemic is raging. Yet, just months ago, Biden declared his election would amount to the triumph of the “rule of law” and would show that “the flame of democracy” cannot be extinguished, “not even [with] a pandemic or an abuse of power.”

So, Biden is now blowing out that flame while attempting to excite political demands for extraconstitutional action. It will come at a great cost for the country and his own legacy. The oath that he took on Jan. 20 did not include an exception for political convenience. Indeed, it is often inconvenient to uphold the Constitution — but the alternative is a type of self-eviction on the basis of one’s oath of office.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can find his updates on Twitter @JonathanTurley.

157 thoughts on “Canceling the Constitution: Biden Hailed for Violating Rule of Law to Extend Eviction Moratorium”

  1. Jonathan: Biden did not “cancel” the Constitution. No doubt the 6-3 conservative Supreme Court majority will strike down Biden’s temporary moratorium on renter evictions that only applies to areas with high levels of Covid infections. It’s amusing that you rarely said a word about Trump’s numerous violations of the Constitution during his four years in office.–leading to his Jan. 6 insurrection in which he sought to overturn the constitutional order. Never heard you say that was an “abuse of power”. In fact, you defended Trump over his two impeachments. But now when Biden is pretty much engaging in an act of “civil disobedience” in wanting to protect families you say he is inciting “political demands for extraconstitutional action”. You didn’t express any concern when Trump engaged in “extraconstitutional action” to overturn the 2020 election. I know what Lawrence Tribe and Martin Luther King would say in response to your position.

    In discussing the moratorium on evictions we should remember that protecting property rights was uppermost for the Framers. They wrote a Constitution that enshrined slavery (“property”) with the Fugitive Slave Laws. The Declaration of Independence gave all men (not women) the right to “Life, Liberty and the pursuit of happiness”. But that phrase was dropped when the Constitution was adopted, and the new phrase, which became part of the 5th Amendment and later the 14th Amendment, became “Life, liberty or PROPERTY (emphasis added)”.. For most of the last 245 years property owners have almost always prevailed over human rights in the courts and the legislatures. No doubt the conservative “originalist” Supremes will not want to deviate from what the Framers intended. In 1987 the Mobil Corp., in ads celebrating the phrase said: “Why was property so important as to be included with life and property, as a fundamental right? Because the Framers saw it as one of the natural rights…to keep what one had earned or made–that ought to be forever secure from the tyranny of governments or any covetous majority”. James Madison, who you admire, used pretty much the same language in one of his Federalist papers. For Madison and the slave owning Framers neither slaves, poor farmers nor working people had any “natural rights”.

    Now, as part of the conservative pundit class, you have come down on the side of property owners who want to evict their tenants who can’t pay their rent because they lost their jobs during the Covid pandemic. Why should millions of Americans, many poor Black and brown families, become homeless again because they had to feed themselves and their kids leaving no money to pay the rent? I guess for you human rights takes a backseat to property rights. Madison and the other Framers would no doubt applaud your position. You obviously have no sympathy for renters who get evicted. After all, they can always join others on the streets and under bridges where they will spread Covid/Delta variant even further. I suppose for you that is a small price to pay for maintaining constitutional balance.

    1. Where is the ‘human right’ to live in someone else’s home enumerated in any code of law? What difference is there between forcing someone to work for you and forcing someone to provide free lodging? The property owner had to work to earn money to purchase and maintain his property. By forcing him to allow someone to stay , he is in effect the slave to the tenant.

    2. “. . . for you human rights takes a backseat to property rights . . .”

      There’s the naked aggression of the modern Left: Some people have a “need” (in this case for rent-free housing). Let’s use the government to compel others (property owners) to satisfy that “need.” You don’t like being treated as a means to another man’s ends? Tough. We have the guns.

      Government exists to protect rights (including property rights), not usurp them.

      1. Dennis wants to destroy the rule of law. Unfortunately, he offers nothing to put in its place. When the rule of law disappears, what are we left with? Might makes right?

  2. Biden cancels the Constitution.
    Great. Now it won’t be too hard to win suits against him since he confessed on camera to millions he knows what he is doing is illegal and he is going to commit illegal unConstitutional crimes against The People of America anyway for the purpose of embezzlement, extortion, theft and misdirection of if government funds.
    Of course the problem with that is if The Constitution is cancelled, doesn’t that automatically disolve Congress and the Executive and Judicial Branches of Government so no one is around to bring, prosecute or hear the case?

  3. I blame it all on Justice Kavanaugh who out and out said the moratorium was unconstitutional yet unbelievably still let it expire without joining the other conservatives on the court to find in unconstitutional. Kavanaugh is a disgrace.

    1. Kavanaugh is continuing the historical tradition of the court to abdicate it’s responsibility. In this case he is also protecting the government from responsibility for violating the rights of it’s citizens. Without an adverse ruling, he shields government from damages the landlords should be entitled to.

  4. I am old enough to remember when violating the rule of law would qualify as a “high crime and misdemeanor” and would lead to an impeachment trial against a sitting president.

  5. Not mentioned yet: One possible consequence of this is that landlords will be reluctant to rent to blacks because they seem more likely to take advantage of this ‘extension’. Of course race-based decisions not to rent are illegal, but who cares? From the White House and Supreme Court down the law doesn’t seem to count for much these days.

    What a hell of a mess these people are making of this country.

    1. The moratorium is in effect a forced interest free loan from landlords to tenants equal to the rent that is due. Why is the making of these compulsory loans limited to landlords? Why not force banks to make the loans, or those above a certain level of wealth or income? What is the limit to the CDC’s power to compel people to make loans to others if this is lawful?

    2. Young, that is certainly a possibility.

      The possibilities are endless, and some of those possibilities played out in NYC. NYC saw a near cessation of rental apartment construction along with the conversion of rental apartments into condos and coops. The least affluent and those with the worst credit end up out in the cold.

      Today, those landlords without financial cushions have to maintain their properties without being paid. I believe many have already or will go under and sell to those larger landlords. I think the trend will be higher rents, higher deposits, more intense screening of potential renters, and less guaranteed services, along with other contractual adjustments based on this new uncertainty. Who does that hurt the most? The least affluent.

  6. And equitable compensation for “essential” and non-essential workers alike in a tax holiday that is neither equitable nor sociailly just.

    Also, while he’s at it, declare a moratorium on elective evictions for planned parent/hood, young and old. Cuomo may be facing a #MeToo mob, but men and women’s dignity and agency will not be denied, human life will not be reduced to a negotiable property, and demos-cracy will not be aborted in silence at the Twilight fringe.

  7. Biden is a chump. Most landlords are middle class folks who invested in their towns or neighborhoods. The home is not some Bitcoin. We need a mafia in this country to take down the deadbeats who won’t pay their rents.

    1. Was evicted twice despite the FACT never ever defaulted on a mortgage in my life. 2008 Was a big wake-up for this kid of 72. Now 2021 more irrational actions by a political organization that wears a white lab coat while playing with FIRE. Smell the burning already don’t need to visit India again. We lost approximately 400,000 KIA in WWII. The math on this mess is out of control big time.

  8. Why call a property owner “a landlord”. Lord Almighty. They should not pay mortgages, utilities, insurance, taxes or cut the grass.
    When the bank forecloses burn the place down.

  9. OK seriously am I missing something?
    The Supreme Court just ruled in favour of the CDC didn’t they? Not against? In favour of the CDC’s eviction ban, right? Just a couple of days ago.

    1. The new CDC / Biden ruling left out the owners of the rentals. Most “landlords” are individual “mom and pops” and are now at risk of foreclosure.

    2. Anonymous:

      Per Turley, “In its 5-4 decision in Alabama Association of Realtors v. Department of Health and Human Services, the Supreme Court kept the CDC moratorium in place but left no question that a majority of justices ultimately view the CDC order as unconstitutional.”

      So the justices viewed the moratorium as unconstitutional, but as it was ending anyway on an upcoming date, they let it expire on its own rather than throw everyone into confusion by suddenly overturning it.

      Biden extended the moratorium, even though it was unconstitutional.

      When this comes up before SCOTUS, the Court will probably strike it down.

    3. The 6th Circuit Court of Appeals decided on the merits in another case that the CDC lacked authority. So did the district court whose declaratory judgement it affirmed. So did the D.C. district court which stayed its order in this particular case pending appeal. The stay was upheld on appeal by the D.C. Court of Appeals and by the Supreme Court. Four of the Supreme Court justices would have vacated the stay. Kavanaugh agreed with them that the CDC lacked authority but voted to maintain the stay anyway only because the moratorium was expiring soon. In passing he said that an extension could be brought about only by an act of Congress. I imagine he thought this was an act of judicial “statesmanship” whereas in fact it was an abdication of judicial responsibility.

      The only courts that have considered the question fully on the merits found that the CDC lacked authority. A majority of the Supreme Court justices considering the stay agreed with this. In the face of these realities, it is inconceivable that any objective lawyer would advise a client that he could proceed with a similar moratorium and that his actions would be upheld. In the private sector, a lawyer who did this would face serious financial and professional consequences when his advice blew up in his client’s face. That Tribe appears to have done so indicates that he is a political activist willing to distort the law to obtain the outcome he wants. He was enabled to do this only because neither he nor his client will face adverse financial or professional consequences for the bad advice he appears to have given. Instead, the harm will fall on the landlords, who will continue not to be paid, those to whom the landlords have obligations that won’t be met, and so on, and on society as a whole, which will be less secure in the reliability of its economic arrangements, and less certain of the application of the rule of law.

    4. The Supreme Court just ruled in favour of the CDC
      Reading the law for non lawyers is difficult at best. But you go ahead and cite the opinion where you got the impression the court ruled in favor of the CDC. I dont see it.
      In effect SCOTUS mooted the complaint. SCOTUS said, only congress has the power to enact such a moratorium. Since the CDC order was set to expire, SCOTUS determined it was in the best interests of both sides to allow the CDC order to expire, and not throw all renters and landlords into a turmoil. Biden said, SUCKERS! and had the CDC do what SCOTUS declared in the opinion was unconstitutional

    5. You are missing something alright, but it is more like your brain than anything else.

  10. “Rule of Law”? Turley can be so quaint. All that matters is power and who wields it.

  11. For my censored comment of the day I would like to ask Professor Turley if, knowing what he knows now, he would still have voted for Biden last Nov. 3?

  12. There seems to be a misunderstanding about what government help is available to landlords. This is what I’ve gathered so far. If anyone has more additional information, such as state-specific programs, then please chime in.

    1. The PPP loans did not cover lost rental income, but rather was based on 2.5 times the average monthly payroll. Those who are self employed without employees could use average net profit. The loan proceeds could be used to pay the applicant’s rent for the business. None of this covers lost rental income. However, if a landlord has employees, such as a property manager or grounds keeper, they could use their monthly payroll times 2.5.

    2. Landlords could get an SBA Economic Injury Disaster Loan (EIDL), at low interest, 3.75%. Not free. It has to be repaid.

    3. Landlords can get an EIDL Advance of $10,000, IF they live in a low income census tract AND have not received a prior EIDL advance. Having a horde of homeless walking dead in front of your CA business will not qualify as low income. Most landlords won’t qualify for this, and those who do will use up $10,000 quickly.

    4. Federal Rent Relief money is distributed to the states to help RENTERS pay their rent. Tenants have to apply for rental assistance. Why would they if they’ve been granted a moratorium on eviction? The landlord can apply on behalf of the renter, but that renter needs to sign their permission on the paperwork. If they won’t, the landlord is out of luck. In order to qualify, the RENTER’S income must <=80% of the median income for that area. This is rent relief, not landlord relief.


    Biden stuck landlords with a bill many cannot afford. Many are gong under, but they can’t even sell the properties if they cannot evict the tenants. They are forced to pay for other people to live for free in their properties, regardless of whether those tenants can afford their rent or were impacted by Covid.

    The foreclosure moratorium ended July 31.

    Rent still has not been paid. Landlord credit is still utterly ruined. As that moratorium ends, the landlords cannot pay the mortgage shortage. They will lose their properties, and then the banks will be stuck with properties they, too, might not be able to sell because they can’t evict tenants.

    This is going to end so very badly. It is a crucible. There is going to be the most tremendous wave of evictions, foreclosures, and rental property shortages ever seen. The absolute second that landlords can evict tenants, they will do so in order to get rid of that property. No one will invest in rental properties or rent out their house or spare room. This is going to affect banks, as mortgages from previously upstanding customers fall late, and go into foreclosures.

    This is one of the most preventable, foreseeable disasters since the Hindenburg. Politicians are going to blame everyone else but themselves.

    1. This is one of the most preventable, foreseeable disasters since the Hindenburg. — Karen S

      This is, however, a windfall for hedge funds and REITs…

      It furthers a “you’ll own nothing, and be happy” agenda. Well, one part of it at least.

      1. Being a mugging victim March 2019 was enough to move from the grid as much as possible. NO mortgage, Have been happily quarantined ever since. You may recall that COVID wasn’t identified until months later yet, my deeper gut told me it was time to move out. MSM is full of misinformation but when they carried a health message dishing tomatoes while forcing me to watch a film clip of some joker’s (in white lab coats) intent on selling me their snake oil that remedies the harm tomatoes cause the human body was enough of the enough. Living and healthy despite it all.

    2. What’s the point of evicting people if landlords want to get paid? You don’t get paid by evicting people who have no means of catching up.

      Most landlords have been helped. It’s the few who gave issues that may need to be addressed on a case by case basis.

      1. Svelaz:

        What’s the point?

        1. You can sell the property and get out of the landlord business, thus putting an end to the mortgage payments, property taxes, and upkeep.
        2. If your renter is not paying rent, but buying boats, and another you think another renter might actually pay you
        3. It’s your property. You are paying for it. It is unconstitutional for the government to seize the use of your property, especially without compensation while forcing you to keep paying for it.

        “Most landlords have been helped. It’s the few who gave issues that may need to be addressed on a case by case basis.” What are you talking about? And I don’t mean that rhetorically. What are you actually talking about?

        You claimed landlords got PPP loans when the federal government expressly excluded landlords.

        Rental assistance goes to renters who qualify if they make 80% or less of the median income for that area, AND they have to fill out the paperwork to help out the landlord who is prevented from evicting them whether they get that money or not.

        Every renter who makes over 80% of the median income does not qualify. Landlords cannot get this money unless the renter signs the paperwork.

        The eviction moratorium affects everyone, including renters who were either not affected by Covid, or who are making more money with the higher unemployment benefits than they made before.

        You are frustrating. Like virtually every single Left leaning advocate I speak with, you made a position which was demonstrably untrue. I demonstrated it was untrue by detailing what you got wrong about those government programs. You ignored it and kept repeating the falsehood. This is willful blindness, Svelaz.

        1. Karen, the problem you’re having. Is that you’re applying a very broad brush in your claims.

          Not everything is as black and white as you want it to be. Landlords do indeed have options. They are not the only ones with problems.

          The new COVID surge is creating a new problem and the landlords arguments are weaker because of it. The frustration stems from the changing conditions due do the lack poor vaccination rates.

          The landlords will be fine.

          1. Svelaz, you keep ignoring the facts and truth. You fail to look at history. You spout whatever nonsense you want because you feel such nonsense makes you into a genius. Others far more knowledgable think differently.

    3. Conclusion: Trump intentionally downplayed the risk of COVID because he thought it would hurt him politically–he called it a “hoax”, refused to wear a mask because he thought it emasculated him, and still says wearing a mask and getting vaccinated should be “personal choices”. He said 15 cases would soon be 0 cases, based on nothing, that anyone who wanted one could get a test (a lie), that there was an effective drug treatment (Hydroxychloroquine–another lie) and he dismantled the pandemic preparedness playbook left by the Obama administration. Pro-Trump media continue to spread disinformation and lies about the risk of COVID vaccines and the alleged “efficacy” of Hydroxychloroquine. Little children now are among the most-vulnerable because older populations have a higher rate of vaccination and kids under 12 are not eligible to be vaccinated yet. Many red states have few to no ICU beds available.

      The result: a pandemic that has left over 600K Americans dead, vaccine hesitancy that has allowed the Delta variant to flourish, resulting in COVID spikes in cases and hospitalizations in red states where Trumpian-style leadership (i.e., Ron DeSantis), emphasizing some perceived “right” of personal choice to go around infecting others, which is the opposite of leadership, but instead is pandering to those who don’t believe they owe their fellow citizens anything by issuing “executive orders” to try to stop schools and cities from enacting mask mandates. If you don’t believe leadership is the key here, check out what’s going on in Massachusetts and Vermont, which don’t have a Delta variant crisis.

      Yes, this is a “preventable and foreseeable” disaster, and the main causes are Trump and the Republican leaders who refuse to impose or even allow mask mandates and who oppose mandatory vaccination. Biden did not “stick” landlords with bills they can’t pay. That is the fault of Trump and the Republicans. In Republican-led states, at least 26 of them haven’t even used 90% of the allocated relief funds, and Republican leaders are doing next to nothing to help renters apply for assistance and to process claims. The COVID relief funds to pay rent does benefit landlords. And, in many states there is a moratorium on foreclosures as well as evictions. After this crisis passes, assuming the Trumpsters finally wake up to reality and get vaccinated, landlords can re-negotiate loans. In fact, many states require mandatory mediation before proceeding with mortgage foreclosure. If the landlord has enough equity in the property, it likely wouldn’t go into foreclosure, and the landlord could get a new mortgage. No one owes landlords or anyone else guaranteed profits, which is what an income stream is. The situation is far more dire for those who became unemployed due to the pandemic Trump allowed to get out of control and the Republicans who are failing to do everything possible to stem the spread of the Delta variant.

        1. What did I lie about? Prove it or shut up. Or, is this the standard response you’ve been indoctrinated to give when confronted with facts that conflict with the daily slop served by alt-right media? Everything I said is factually accurate and provable.

      1. “. . . vaccine hesitancy that has allowed the Delta variant to flourish . . .”

        So the variants only infect and “flourish” in those who are unvaccinated? You might want to check the actual science on that.

        “. . . resulting in COVID spikes in cases and hospitalizations in red states . . .”

        One of the hottest “hot spots” is New York City:

        “Pockets of New York City, for example, are seeing lagging vaccination rates, especially in *minority communities*. According to the city’s data, Black adults are only 30 percent partially vaccinated, while Hispanics are 39 percent partially vaccinated . . .” (Emphasis added.)

        That fact is also true of countless minority communities throughout the country. And it is also true that those minorities vote overwhelmingly *Democrat*.

        The Left continues to lie about all things Covid. The latest howler is Fauci’s claim that a motorcycle rally is a “superspreader” event. Yet, somehow, a Lollapalooza musical event is not. Neither was Obama’s birthday bash. And, the greatest howler of all, neither is some 1 million unvaccinated migrants flooding into the country.

        The Left is *not* the party of science. Nor is it serious about ending this pandemic.

        It is the party of demagoguery and hypocrisy.

      2. Democrats did everything they could to destroy Trump, including lying. Democrats made the effects from Covid worse. While Trump was pushing for a vaccine in less than a year, they were delaying it and laughing, permitting Covid to kill more than necessary. All one has to do is look at one of the most prominent Democrats responsible for thousands of deaths. Cuomo creates laws to protect himself and his friends from being civilly and criminally liable.

        1. mRNA technology, which produced the vaccine, has been in the works for years–while Trump was out grabbing pussies, cheating contractors and pretending to be a wealthy, self-made billionaire, scientists were busy studying coronavirusus, the mechanism by which they infect cells, take over the human cellular mRNA and use it to replicate, and how to sequence the DNA of the spike protein that first contacts human cells. Trump had nothing to do with creating this vaccine–all he did was order some of it, which wasn’t enough, but he takes full credit like he is some big hero, claiming “everyone said it would take 5 years, but I proved them wrong”. No, he didn’t. Democrats did absolutely nothing to slow down or prevent vaccines from getting developed. More lies and blame-shifting. It was Trump who downplayed COVID, first calling it a “hoax”, then saying 15 cases would soon be 0 cases, constantly predicting cases had peaked, refusing to set an example by wearing masks, resisting and dragging his feet all the way, including dominating news conferences from the CDC, and trying to muzzle CDC doctors when they tried to contradict his lies. Trump and Republicans are the ones responsible for thousands of deaths, especially now, and especially those red state governors who have politicized wearing masks and getting vaccinated. Trump doesn’t need anyone’s help to get “destroyed”. As the title of Rick Wilson’s book says “Everything Trump Touches Dies”.

          1. “Trump and Republicans are the ones responsible for thousands of deaths . . .”

            I think what you mean is the Wuhan lab, and the killer-scientists who supported (and then covered up) that research — viral research in a *dictatorship*. Those “scientists” are, to name just two: Fauci and Daszak.

    4. Did it ever occur to anyone that 2008 and today are no different, property is underwater. 2008+ caused the global securities MBS illegal foreclosures blamed mostly upon low income residents that took advantage of lenders. Did that happen yes, but to what extent?? Was this enough to dump 16T in “spoiled” MBS from the global markets. If you do the math the figures far outweigh this so called issue.

    5. “The foreclosure moratorium ended July 31.”

      And only applied to certain types of *single-family* homes. There was *never* a foreclosure moratorium for the owners of apartment buildings.

  13. Who will enforce a Supreme Court decision when it is ignored by the executive branch? Even if there are enough votes to impeach an official, how is the economic damage and precedent undone?

    1. In this circumstance wouldn’t a local judge sign an eviction order and the local sheriff enforce it? That is…once there is actually a “holding” that the moritorium is unconstitutional? Not that ‘owner’s will be made whole…. but wouldn’t they have a 1983 or something against the govt official who refuses to uphold? Heck I know a guy who took a usda loan officer …govt worker …. To small claims court and won! Once “officials” are hit in their personal wallet they should get on board with the rule of law.

  14. Comon Mofo’s, There are no China virus evictions at Obama’s Party Pad

    It’s party time at Obama’s $12 million dollar Martha’s Vineyard sex pad.

    Everybody & their mother knows what’s going on in Obama’s sex pad bedrooms.

    It’s better than Bill Cosby, Jeffery Epstein & Harvey Weinstein venues….Until Obama gets caught!

    1. SARS-CoV2 would never be so rude as to intrude on Gavin Newsom at the French Laundry, Obama’s birthday bash, Pelosi at her hair salon, various Hollywood shoots, parties, and craft service, or any BLM or Antifa riot.

      The vaccinated need to wear a mask unless they are part of the elite ruling class. Rules are for the peasants.

      1. The principle Democrats received saline solution then doxed Rand Paul for lying that he was indeed vaccinated. Sen. Paul did take the bait and had to be vaccinated in front of a camera.

  15. Biden hailed for shutting down the economy, and then sticking rental property owners with the bill.

    He is forcing property owners to pay to allow other people to live there for free, regardless of whether they can afford rent or not. The owners still have to pay property taxes, mortgages, and other fees. In some states they provide utilities. They have to pay for the upkeep or be charged with being a slum lord.

    There are stories out there of property owners going bankrupt while renters buy boats. They don’t even have to prove Covid affected them. Some are making more money now on unemployment than they were while they were working.

    It’s a free for all.

    This is going to lead to a massive shortage of rental properties and foreclosures of rental properties. Only a fool would either rent their house out or buy a rental property now. Perhaps this will lead to more government housing, those infamous “Projects.”

    Democrats never miss an opportunity to make things worth for those they purport to help.

    1. Karen, property owners got government help too. They got property tax relief by their respective states, many got PPP forgivable loans, others got state compensation for their loss of revenue. They also are protected from foreclosure by banks because their tenants aren’t making rent.

      They are not being left out.

      1. Svelaz – did you know PPP loans only covered 2.5 months of payroll, not rental income? Did you actually read a PPP loan application? I’m guessing you didn’t, since it does not cover rental income. Landlords can only recoup 2.5 times test cost of payroll, such as if they pay a property manager.

        They can get an SBA Economic Injury Disaster Loan (EIDL), at low interest, not free. If I recall correctly, there is an EIDL Advance Program, that does not need to be forgiven of $10,000. This quickly ran out of money. I believe they are starting this up again. HOWEVER, you have to be located in a low income census tract, and have not received a prior EIDL advance. Your business storefront could be carpeted in homeless walking dead in CA, but if the census tract does not count it as low income, for instance if it is an industrial complex, then you’re out of luck.

        What you are probably talking about is the Federal Rent Relief. This money was distributed to the states, not directly to landlords. Tenants have to apply for this rental assistance. Since they have been protected from eviction, they’ve lost some of that incentive. The landlord can apply on behalf of the renter, but the renter needs to sign the papers granting permission. Many renters are not. The only people who qualify are renters whose income is 80% or below the median income for the area.


        Biden stuck landlords with a bill many cannot afford. Many are gong under, but they can’t even sell the properties because they cannot evict the tenants. They have been made slaves to the rental properties, forced to pay for them and maintain them. Forced to keep them up to avoid being charged with being a slum lord. They can’t refuse, can’t sell them.

        The foreclosure moratorium ended July 31.

        Rent still has not been paid. Landlord credit is still utterly ruined. As that moratorium ends, the landlords cannot pay the mortgage shortage. They will lose their properties, and then the banks will be stuck with properties they, too, might not be able to sell because they can’t evict tenants.

        Svelaz, this is going to end so very badly. It is a crucible. There is going to be the most tremendous wave of evictions, foreclosures, and rental property shortages ever seen. The absolute second that landlords can evict tenants, they will do so in order to get rid of that property. No one will invest in rental properties or rent out their house or spare room. This is going to affect banks, as mortgages from previously upstanding customers fall late, and go into foreclosures.

        This is one of the most preventable, foreseeable disasters since the Hindenburg.

        1. Karen, your assumptions are based on one example of what landlords cannot do. However a landlord can claim to be an employee if they pay themselves thru their own company and still be able to use PPP loans.

          The EIDL, is not free, but it’s an available option. They have plenty of options still available. It’s not the end of the world.

          1. Svelaz:

            This does not cover rental income. A PPP loan only covers payroll. The landlord would have to pay himself as an employee on his taxes prior to the pandemic, and then the loan would be for 2.5 times the amount of payroll. Not 2.5 times rental income. 2.5 times the amount of payroll. So if the landlord charged the renter $35 a month for handyman services, he would get a PPP loan of $87.50.

            Get it? The landlord is completely screwed.

            EIDL is not free. Like I said. But the EIDL advance of $10,000 does not require to be paid back as long as the recipient is in a low income census tract AND they have not received EIDL previously.

            You call that “plenty of options”?

            Why can’t you be honest and admit that landlords are in very serious financial trouble because of this? Will you lose your self respect if you admit the facts or have some compassion, and have to throw yourself off a bridge as punishment for being a disloyal Democrat, self flagellating on the way down?

            You won’t actually burst into flames if you admit this stinks, or that an eviction moratorium should not have taken the place of rental assistance. Truth isn’t like daylight to vampires.

            Government should have limited itself to helping people pay their rent or mortgage if they were impacted by Covid. Instead, we’re throwing money wildly, most of it landing in China, prisons, and other unlawful recipients, while many who need the help, like landlords, are left to rot.

            1. Karen, I’m not saying landlords are not in a pickle. But clearly you’re making mountains out of mole hills.

              I recognize that they too are having problems. Banks have been quite generous with people’s mortgages and that includes landlords too. Many have had forbearance options, property tax relief, even direct assistance from their respective states. The vaccine was supposed to bring things back to normal and allow both renters and landlords resume normal business.

              BUT because of the vaccine hesitancy and misinformation fueling it the issue is becoming a problem once again. It won’t be long before more and more businesses will require vaccination in order to be employed. In fact it’s already happening.

              If the pandemic was getting under control and businesses were assured things would be normal again then the landlords would be rightly justified in seeking evictions.

              1. If the pandemic was getting under control and businesses were assured things would be normal again then the landlords would be rightly justified in seeking evictions.

                Landlords are right justified in seeking evictions…period. The rest of it is excuse-making for the infringement of that right. If the moratorium were actually about preventing dumping people on the street and movement across state lines during a pandemic, as you’ve stated, then the government wouldn’t have allowed hundreds of thousands of illegal immigrants to enter via our southern border, many sick with Covid and relocate them throughout the country. Many of these illegals have been relocated to hotels/motels.

                As I stated yesterday, I have yet to see you post one comment about any topic where you have denounced the governments abuse of power, infringement of rights of our citizens, or any of the violence happening throughout the country, without some attempt to justify the abusive actions. Why do you consistently side with lawlessness?

                1. “The rest of it is excuse-making for the infringement of that right.”

                  Yep. And it’s a prime example of the principle: Controls breed controls.

                  The economy was *not* cratered by a virus (or a pandemic). It was cratered by fascist lockdowns and shutdowns, i.e., by irrational choices made by some politicians. (Notice the bizarre equation: Covid=Shutdowns — as if it were some sort of natural law.)

                  Those controls, in turn, bred new controls, e.g., eviction moratoria.

                2. “Why do you consistently side with lawlessness?”

                  Olly, Svelaz lacks both intelligence and memory. He is proud of both deficits.

                  Every time he is corrected with proven facts he runs away only to repeat the same facts again and again.

                  One doesn’t have to read what he writes. All one needs to say in response to his comments is one word: Wrong.

                  1. Seth,
                    The same handful of commenters on this blog are consistently wrong on facts and the law. I don’t believe anymore that this is due to a lack of intelligence or memory. Even stupid people eventually learn how to make and support better arguments. Well, except for Paint Chips. They aren’t stupid, they simply have a different worldview that is hostile to our rule of law. This blog is a perfect forum for them. JT makes his post and they immediately attack him and any conservative that makes an argument in defense of rights and constitutional governance. Take notice that they never denounce clear abuses of the law, whether it’s spying on our citizens, illegal immigration, voting irregularities, surge in violence, Keystone/Nord Stream, censorship and so on. Arguing with them is actually pointless.

                    1. “Arguing with them is actually pointless.”

                      I beg to differ.

                      Reading your arguments (and those of some others) lifts my spirits, akin to: There is sanity out there.

                    2. Thank you Sam. I forget that it’s easy to get demoralized, especially on a legal blog when right reason is constantly under attack. JT’s blog is still growing and I don’t believe it’s because of Natacha’s, Svelaz’s, EB’s or Silberman’s contributions. I suspect we have a lot of rational and reasonable people that follow this blog, that for whatever reason aren’t interested in these debates. On some level I don’t blame them. Anyway, I’m not going anywhere.

        2. 2008 Banking debacle TBTF banks were “front and center” now it’s the landlords quaking with banks silent. Banks are not in the business of paying fines or losing money. Most of the Republican and Democrat parties have never been takin to task over this debacle before we are engaged with yet another pandemic (panic mentations).

        3. “Biden stuck landlords with a bill many cannot afford. Many are gong under, but they can’t even sell the properties because they cannot evict the tenants. They have been made slaves to the rental properties, forced to pay for them and maintain them. Forced to keep them up to avoid being charged with being a slum lord. They can’t refuse, can’t sell them.”

          Karen, when things look hopeless, many landlords will put nothing into their property. They might even stop paying taxes like was done in NYC. What they will do is draw out whatever money they can. The property becomes so full of debt that it is no longer worth very much except to the big guys who can buy and wait. Though the property is effectively worth nothing to the landlord, it has tremendous future value in many areas. All the new buyer has to pay is a tiny amount to the original landlord. When a property is worth less than zero to the seller, any amount of money is more than he would otherwise have. Alternatively, the city can foreclose on the landlord, but from experience, cities know that is a bad situation for them. Bankruptcy and other legal maneuvers are always an option.

          In virtually all cases, it is the renters who, with time, will eventually pay the price for this Hindenburg. Cash poor owners will be significantly hurt while the very rich investors stand to make big profits.

  16. When cancel culture succeeds in canceling the rule of law, then we get this:

    Over the weekend, domestic terror group Antifa attacked a Christian gathering, assaulting multiple people and destroying private property. This shouldn’t happen in America, and Portland is making itself a joke by allowing it.

    I suppose it shouldn’t be surprising that an anarcho-communist organization would not be too fond of Christians. It was Karl Marx who said that religion is the “opium of the people,” after all. It also probably shouldn’t surprise me that Portland Police would do nothing when Antifa attacks someone in that fallen city. Their inaction against the domestic terror group continues to embolden them. However, I never thought that I would see the day where Christians are specifically attacked for their beliefs on American soil. And yet, here we are, with the rights of these believers being violated by absolute scum, and all Portland Police did was sound a horn…

    It would be an understatement for me to call this horrifying. America is supposed to be a nation where free men and women can worship. This is supposed to be a nation where we don’t have to fear being intimidated because of our faith. By allowing Antifa to do what they did, the Portland Police department, and by extension the mayor’s office, have effectively endorsed these leftist thugs and their bullying of Christians within the city. Actions speak louder than words, and if the best you can do is sound a horn, your best just isn’t good enough. The chilling effects of this are even more worrisome. Is this going to be an isolated incident? Is this the next step for Antifa as an organization? Are more and more Christians going to have to worry about this group being allowed to bully them into submission?

    At some point, hopefully soon, we need to seriously consider where all this is going. For instance, the 10 Stages of Genocide is actually a thing and if you look at this list, we’ve already done at least 6 of them:

    I. Classification

    ii. Symbolization

    iii. Discrimination

    iv. Dehumanization

    v. Organization

    vi. Polarization

    vii. Preparation

    viii. Persecution

    ​ix. Extermination

    x. Denial

    1. Olly, you do know that RT is a Russian media outfit that usually puts out Russian propaganda, right?

      It’s funny that they are making hay over a scuffle that didn’t get much of a response from police which means it wasn’t as dire as it is being portrayed.

      The pastor who organized the prayer event is a well known antagonist and often defies health restrictions as he did in Canada. He was arrested for violating the law there. He’s only being “persecuted” because he seeks to be seen as “persecuted” by organizing events such as those in Canada and this one.

      1. Svelaz:

        You can fly on a plane, but you can’t go to church. You can cram into a plane where putting your seat back can trigger a melee at 10,000 feet, and you can take your mask off to eat and drink, but you couldn’t sit in a pew. You can get your food at craft services at a movie or tv show shoot, but you couldn’t eat at a restaurant. You can go with 400 people to Obama’s maskless birthday bash, but if you’re vaccinated and don’t want to wear a mask anywhere else, you’re a Neanderthal.

        Suicide rates are skyrocketing. People need to be able to attend church if they wish.

        One of the problems with masks is that the WHO, CDC, and relevant health organizations in other countries flip flopped. They said not to wear a mask because they don’t help. The public couldn’t possibly refrain from contaminating their masks. Then they said masks do help. Then they said they were required. Then there were tests that showed that children’s masks were contaminated with a variety of pathogens. People weren’t washing their masks. They were wearing them below their noses. They were passing out trying to exercise in them or from wearing them all day.

        I religiously wore a mask and I kept it clean. It’s like holding a handkerchief over your nose and mouth when you sneeze or cough. It helps but it’s not a panacea. It’s also not healthy for kids’ lungs to wear them all day and especially not to exercise in them. I foresee a wave of illnesses that we haven’t seen since the days that cotton mills didn’t circulate and filter the air in processing rooms. The first industrial disease ever recorded was from breathing in fluff all day, called byssinosis. There were a lot of counterfeit N95s and KN95 masks on the market, and a lot of homemade and mass market fabric masks, full of lint. There will likely be respiratory consequences for children breathing in lint all day.

        1. Karen,

          “ You can fly on a plane, but you can’t go to church.”

          You can still go to church. Church restrictions only involved the number of people in the building. Nothing stopped people from going to church at all.

          Karen, you and everyone else in the world breathe “fluff”, toxic fumes, allergens, etc, etc, etc, every day.

          Children do not wear masks all day. Period. None do. Even when eating.

          Lint is the least of their problems when it comes to Covid. Children are being affected more by this variant and it’s being spread by unvaccinated adults. This variant is affecting children more than the last one because they are not vaccinated. It’s giving the virus an opportunity to mutate once again. In order to prevent that is to have as many people vaccinated as possible.

          1. Svelaz:

            Why don’t you look up information before posting?

            Indoor masses were actually shut down in Canada. Closed. Barred. There was an actual ban on public worship in BC.

            Here is one article about the ban on public worship. It details how a Catholic priest tried to hold mass outside, but the wind overturned the makeshift alter and smashed all the candles. Because this is Canada.


            “In mid-April, British Columbia Premier John Horgan announced that a ban on public worship would be extended an additional five weeks.
            The restrictions are now scheduled to expire after the Victoria Day long weekend, which ends May 24. These health orders prohibit indoor dining, indoor group fitness, public worship by faith communities, and gathering with people outside one’s household, among other activities.”

            You keep declaring that I’m wrong without giving any supporting information. Only, it turns out that it is you who are wrong.

            Do you notice a trend yet? Because I do.

            Please take a few minutes at least to research before declaring I don’t know what I’m talking about.

            1. Churches have been told public worship is banned, then it’s lifted and you can have 30% of the max building capacity, then a ban, then they got them to allow 15% capacity, then it’s reduced to 10 people in the building, maximum, regardless of building size, then it’s a ban…

              When you’re only allowed 10 people inside a building, they don’t hold the Mass at all.

              The regulations are completely wild, ever changing, not based on science, and they specifically target public worship of faith organizations.

              With the high rate of suicides, people need access to faith ministries.

              You said, “Karen, you and everyone else in the world breathe “fluff”, toxic fumes, allergens, etc, etc, etc, every day.

              Children do not wear masks all day. Period. None do. Even when eating.

              Lint is the least of their problems when it comes to Covid. Children are being affected more by this variant and it’s being spread by unvaccinated adults.”

              1. False equivalence. Breathing in the natural particulate matter that your body can naturally filter out is very different than the level that triggers respiratory disease.
              2. Depends on what you define as “all day”. For me, it’s hours at a time, not a 24 hour period. Obviously. Children in my area had to wear masks at all times, even when outside playing. They could only draw them down while eating or drinking. My friend’s son would go white, get all sweaty, and have to sit down. He said he couldn’t breathe. I homeschooled my own son, for multiple reasons. However, he has told me he couldn’t breathe when he had to wear his mask in a public space and ran for a bit. He said he felt like he was smothering. Pretending this doesn’t happen is not scientifically based.
              3. On what are you basing your statement that Covid (and I assume you mean the Delta variant) affects children more than the health problems of a mask? You linked no studies or data. The latest data that I read is that 14% of all diagnosed Covid cases are children under 18, but I have not read any data on whether Delta affects children more than the original strain. If you have such data, then please include it so that parents have this information. I have only read estimates that it is projected that Delta behaves similar in children as the original.

              Is this just your opinion?

          2. The Delta variants are being “spread by unvaccinated adults. This variant is affecting children more than the last one because they are not vaccinated. It’s giving the virus an opportunity to mutate once again. In order to prevent that is to have as many people vaccinated as possible.”

            I see that science is not your friend.

      2. The pastor who organized the prayer event is a well known antagonist and often defies health restrictions as he did in Canada. — Svelaz

        Victim blaming…

      3. Svelaz:

        Did you know that the New York Times and the LA Times published Chinese Communist Party propaganda, direct from China, in exchange for millions of dollars in payments? Those articles have been scrubbed from its archives when the scandal broke after a Justice Department probe. Republican Jim Banks of Indiana, a member of the China Task Force, worked to rein in this propaganda masquerading as news. He demanded the Justice Department Probe, which forced the disclosure of how much the CCP was paying American media to publish its anti-American, pro-Chinese propaganda.

        The New York Times quietly deleted hundreds of advertorials that the Chinese Communist Party paid to publish on its website.

        A Times spokeswoman told the Washington Free Beacon that the move is a reflection of a decision to stop accepting ads from state-run media. “We made the decision at the beginning of this year to stop accepting branded content ads from state run media, which includes China Daily,” she said.

        The Times‘s decision to end its partnership with China Daily is part of a society-wide reckoning about the cozy relationships between the Chinese government and American institutions, from the NBA to Harvard University. While the paper is responsible for some of the most gut-wrenching stories about Chinese government oppression, it has also run more than 200 propaganda articles in the last decade, some of which sugar-coated China’s human rights abuses. One 2019 video ad, for example, promoted Xinjiang tourism by depicting the oppressed Uyghur people as content under Chinese rule.

        China Daily, an official mouthpiece of the Chinese Communist Party, has been purchasing advertorial spaces in the pages of mainstream U.S. media outlets for the last decade, using the space to disseminate Chinese propaganda to millions of unassuming Americans. In return, U.S. newspapers such as the Times, the Washington Post, and the Wall Street Journal received millions of dollars.”

        “The new disclosure revealed that the Post and the Journal each received more than $100,000 per month to run print versions of Chinese propaganda articles. The Times received $50,000 in 2018 to place the propaganda on its website, presumably a small fraction of the revenue it made selling print space to China Daily. The new disclosures also showed that China Daily paid hundreds of thousands of dollars to the Los Angeles Times, the Chicago Tribune, the Houston Chronicle, and other large regional newspapers to print copies of the China Daily for local distribution.”

    2. Olly:

      I read an article where Antifa threw a flash bomb into a group of children at that prayer meeting, and they pepper sprayed the pastor. The police did not arrest anyone, it being Portland. When Antifa carried on to the city, vigilante Proud Boys engaged to shove them back. I saw video of a Proud Boy roaring at a cop to do his da(&^(*^&n job.

      But the cops can’t. They might be arrested themselves for violating the civil rights of Antifa, or injuring them.

      They are security monitors now. “Excuse me, sir. You are being beaten. Just wanted to inform you.”

      No wonder cops are retiring, transferring to red states, and quitting in record numbers.

      Crime is rising, including murder, all thanks to Leftist policies.

      I saw a terribly disturbing video of a man repeatedly kicked in the head by an assailant, robbed, and left for dead.

      Law and order are critical to civilized society. When there is none, people form vigilante groups and arm themselves.

      At least there is no way Democrats will be able to assault the 2nd Amendment in this dystopia they have created. Even far Left Democrats I know have gone out and bought guns. Defund the police has consequences.

      1. And yet on this “legal” blog we have people like Svelaz describing the assault as a minor scuffle because if it had been serious, the police would have stopped it. That’s what passes as critical-thinking for these people. That’s how we get a president that will openly defy the rule of law and brag about it.

        1. Olly, those Antifa are lucky this was a prayer group. If a grown man threw a flash bomb or was running around pepper spraying at a family event with young children, that man would be taken down like a gazelle by a pack of lions.

          It gets to the point where you feel like you’re living in total chaos. Lawlessness. There’s no help from law enforcement when they are defunded or made to stand down. You’re on your own, going feral to protect your family.

          A woman a couple towns over was complaining about a homeless man camped on the sidewalk who would look over her fence and masturbate whenever he saw her young daughter. A homeless man broke into someone’s house in my town and chased the parents and two kids through the house. A man pushed his way into the girls’ bathroom at a soccer field near me the summer before Covid, claiming that he identified as a woman and had a right to be there. He was dressed like a man and had a camera. There’s a homeless man by my husband’s work who would throw bottles at anyone who made eye contact. Children sitting ducks at soft target schools while movie stars and politicians have armed security. The Left riots and commits arson with impunity, seizing entire city blocks, while the one time the right charged into the Capitol they’re locked up in solitary. The police informed us that due to the defunding of their department, response time to our rural area would be at least 45 minutes.

          We are on our own. It’s up to us to defund ourselves and our families. All the government is going to do is press charges against us for standing up to the criminals hunting us or doing drugs.

        2. Olly, the article is exaggerating the event in question. Notice that most of the accounts are based on allegations, not actually proof those things really happened as they described it.

          It would explain why police were not really doing anything. It wasn’t serious enough to warrant police intervention. When you see police not doing anything it merits more scrutiny on what it’s being told by the media. Especially RT which stands for Russian Tv. Are you trusting Russian Tv now?

            1. Olly, Antifa was certainly being jerks, but what was happening was not really a serious confrontation. Not as what RT described it. It looks more like a bunch of bullies harassing a another group. I’m not condoning what they are doing, but that’s not…”persecution”. It’s just harassment.

              1. Antifa was certainly being jerks, but what was happening was not really a serious confrontation. Not as what RT described it. It looks more like a bunch of bullies harassing a another group. I’m not condoning what they are doing, but that’s not…”persecution”. It’s just harassment.

                Throwing rocks, eggs, fireworks, and the use of pepper spray. They tore down and stole their audio equipment. This was a known Christian gathering with children in attendance. The attendees being assaulted were forced to leave due to the high volume of pepper spray. By trying to minimize the assault, you are actively condoning it. Harassment is the act, persecution is the reason behind it.

              2. Svelaz, are you saying throwing a flash bomb into a group of kids and pepper spraying a pastor isn’t a serious confrontation?

                That’s threatening behavior. If that pastor, or anyone within the whiff zone of that pepper spray had asthma like me, it would have been deadly.

                Were they allowed to pray outside? No. They were targeted because of their faith. That’s persecution.

                You’re not condoning this, so why are you arguing?

                Is it because no one was shot like in Chicago on a daily basis? Because there were white people? Because they were Christians?

                No one is saying this assault was at the same as 9/11, or mass murder, or as destructive as an F5 Tornado. We’re saying it’s lawless behavior and the cops didn’t stop it.

                I suspect that if you couldn’t have a peaceful event you did support without being pepper sprayed, had rocks thrown at your head, shoved, screamed at, threatened, or flash bombed, that you’d have a problem. It doesn’t matter if that problem is a 2 on a scale of 1 to 10 with 1 being unkind words typed online after the fact and the chaos of WWII Normandy being a 10.

                Since the police wouldn’t stop Antifa, vigilante Proud Boys stepped in, while shouting at cops to do their jobs. The loss of law and order leads to higher crime and vigilantism. It’s a preventable problem, but you have to admit there is a problem before you can fix it.

              3. And the Capitol police were letting people into and taking pictures with the peaceful “trespassers” Your little brown shirts Antifa have killed more, hurt more and done billions more damage to our country….but keep on whitewashing their violence. You are amazing.

            2. Olly, oh my God the kids. One mother yelled that another woman was hit in the arm deflecting a firework from her child’s face. They maced families. That looked like a pepper spray bomb.

              That would have killed asthmatics. Seeing those kids running, and moms carrying little kids, was a knife in heart moment. Just the sound of a kid being scared travels right down your nerves.

              People are seeing this, and hearing the excuses and deflection, and they are getting really mad. The message is getting made that everyone is on their own. This kind of behavior could lead to very serious clashes. When Antifa does things like that, people cheer on the Proud Boys as the only ones really doing anything about it. When you don’t have law and order, all you can rely on are vigilantes, organized defenders, and yourself.

              Before leaving, they should have shouted “Terrorist Fascists!”over and over again at the Antifa thugs.

          1. Svelaz:

            WHY don’t you look this up before posting that other people are wrong? Your arguments always seem to be based on blind faith or emotion.

            The pastor was holding an outdoor prayer event for families. Outdoor. Low Covid risk. They were praying. They weren’t looting or rioting or burning down businesses.

            Did you even watch any video of the masked men terrorizing this group?

            Police aren’t doing anything about looting or arson, either. They can’t. They’ve been defunded and told to stand down.

            Portland and Seattle should change their mottos to “a place for anarchy, oppression, lawlessness, and terror.”

  17. There are those commenting here who say Biden’s continuation of the rent moratorium is somehow not unconstitutional. They say it can’t be found in the Constitution. It’s obvious that when reading the Constitution they missed the part on illegal takings by the government. Of course, you must read the Constitution to no what it says. As to Justice Kavanaugh, my hope is that his kicking the can down the road is not a forecast of weak kneed decisions to come. He unnecessarily put himself in a future put up or shut up trap. He’s a veteran in camp and he’s been around to long to be making rookie mistakes. The season will be here before he knows it.

    1. Thinkitthrough,

      “ There are those commenting here who say Biden’s continuation of the rent moratorium is somehow not unconstitutional. ”

      The moratorium hasn’t been ruled unconstitutional. The justices didn’t declare it unconstitutional. Only that the. CDC didn’t have authority, BUT they allowed it to continue until it expired. Biden just changed the parameters of the moratorium to apply to more specific regions experiencing COVID surges.

      It’s an entirely different intent. The judge will decide if the new moratorium will stand or not had serious doubt about being able to given previous court rulings tying her hands.

      The takings, clause doesn’t apply here because it doesn’t involve the government taking anything. Landlords have options in seeking relief thru ERA. It allows renters to pay their rent and landlords get assistance too.

      1. Svelaz:

        Intent doesn’t matter. You are correct that the SCOTUS did not rule whether or not it was Constitutional. However, even Biden admitted that it was unconstitutional. The government took the ability of landlords to evict tenants for unpaid rent. The government specifically excluded landlords from PPP loans, and then prevented them from evicting tenants. They can’t get the rent, and they can’t get the property back. That’s taking the use of their private property, while leaving them with the bills for that property.

        I have already thoroughly demolished your positions about landlord assistance. See above. You are utterly and tragically wrong in your misplaced trust in the Biden Administration.

        1. Karen,

          “ That’s taking the use of their private property, while leaving them with the bills for that property.”

          No, because it’s not the government taking their property. It’s preventing them from evicting tenants who ARE on the property. The CDC has the authority to quarantine anyone or prevent people from traveling state to state in order to prevent the spread of a contagious disease.

          “ I have already thoroughly demolished your positions about landlord assistance. ”

          No you didn’t, all you did was point out that despite their limitations they still have options. States themselves help them out by stopping foreclosures on property and giving property owners property tax relief.

          1. No, because it’s not the government taking their property. It’s preventing them from evicting tenants who ARE on the property. The CDC has the authority to quarantine anyone or prevent people from traveling state to state in order to prevent the spread of a contagious disease.

            Forcing landlords to affectively turn their private rental property into quarantine facilities without a contract and without direct compensation is the 5th amendment taking of property.

            It is remarkable how similar your support for the government’s abuse of power is to the 18th century Tories. Much of what you post would fit within the DoI’s list of grievances.

            1. Olly,

              “ Forcing landlords to affectively turn their private rental property into quarantine facilities without a contract and without direct compensation is the 5th amendment taking of property.”

              The takings issue doesn’t apply here. Congress itself gave the CDC this authority as far back as 1934.

              It’s not a permanent requirement and the government is not taking anything. All it’s preventing is a mass movement of people during a pandemic.

              Landlords ARE being compensated by different means. From access to low cost loans to relief from property taxes. They are also protected from being foreclosed by banks and have the option to put any mortgage payments they didn’t make to the back of their loans.

              The government is not taking anything.

              1. Svalez:

                How are they going to pay for the loans, with interest, if they don’t get this back rent paid?

                The banks aren’t getting paid their mortgage payments. What happens when banks nationwide get shorted on that level of money, all across the country, and for that long?

                The foreclosure moratorium ended July 31, 2021. ( I haven’t heard that it’s been extended beyond that. What do you think is going to happen next, especially since landlords are still not getting paid, which means the banks are still not getting paid?

                You might be referring to mortgage forbearance. Those are not forgiven mortgage payments. You still owe that money to the bank for all the time you’re unable to make mortgage payments. Not all banks allow these missed payments to be added to the end of the loan, lengthening the term. Some require the missed payments to be made up over time. And as I mentioned, the foreclosure moratorium ended. This is for 3 to 6 months, although you might be able to keep extending it for a year. Covid has already been going on for 15 months.

                What are the banks and the landlords supposed to do here, Svalez? How are the landlords supposed to make their mortgage, utility, property taxes, and upkeep in order for these renters to stay there for free?

                Why do you disagree with me that the best course should have been sticking to rental and mortgage assistance instead of just freezing private property? That would have prevented homelessness due to financial hardship.

                As has been repeatedly explained, the government has taken the use of your private property, which you may no longer dispose of as you see fit.

                Do you disagree that this will cause a rental housing shortage in future? The foreclosure moratorium is over, unless they extended it again and I’ve missed it. The mortgage forbearance has a time limit. Missed payments are not just automatically added to the end for everyone; some have to come up with a repayment plan with the bank.

              2. “Congress itself gave the CDC this authority as far back as 1934.”

                Cite the section of the Constitution that grants government the power to outlaw evictions and to cancel contracts.

  18. OT:

    Maybe you missed this, Jonathan —

    “Former Acting AG Jeffrey Rosen Says Deputy Tried to Subvert 2020 Election Results”

    AUG 09, 2021

    “Former acting Attorney General Jeffrey Rosen has testified that one of his deputies tried to help Donald Trump subvert the results of the 2020 election in the waning days of his presidency. That’s according to The New York Times, which reports Rosen testified to Justice Department and Senate investigators over the weekend that his deputy, Jeffrey Clark, pressured Justice Department officials to publicly assert false claims about election fraud in order to cast doubt on the Electoral College results. Clark’s promotion of conspiracy theories was reportedly welcomed by Trump, who considered replacing Rosen with Clark as acting attorney general.”

    1. Criticizing Trump is not one of Turley’s assignments for Fox. Criticizing Biden, and getting in a few licks at Tribe ARE part of his assignments. Take a look at the underpinnings and effect of both actions: After the loss that had been predicted by each and every poll, Trump was trying to desperately cheat his way back into power for a second term by trying to get the DOJ to declare that the 2020 election was corrupt, thus undermining not only the independence of the DOJ, but American democracy, and all because of his narcissistic personality disorder. Biden, on the other hand, motivated by compassion for those who have been unable to pay rent due to the pandemic, was trying to buy time to allow the billions of COVID relief funds already appropriated to get paid out. In at least 26 states, most of which are run by Republicans, about 90% of allocated relief funds haven’t even been distributed, and little to no help getting applications for assistance processed has been provided. The money is there. Landlords will get paid. Tenants won’t have to get evicted or suffer a black mark on their credit. But, now, all of a sudden, Turley is a warrior for the rule of law, ignoring, of course, Trump’s utter disregard for the Constitution and rule of law. His priorities of criticizing Biden and Tribe, while choosing to ignore the major story about Trump’s coup attempt are mind-numbing.

        1. The “issue” was a president ignoring the Constitution and rule of law. I commented on the reasons why as to both people. That is not a deflection–it’s putting the criticism into context.

      1. Hey Natacha, I looked up the rent relief payments in blue state California. You make a statement saying that Republican states are not distributing rental relief funds and you offer no supporting evidence. My challenge to you is for you to find support for your statement. It took me about five minutes to find the California information. We wouldn’t want you to take five minutes out of your precious time to properly inform the rest of us. It would be asking to much. It’s just the way you roll.

        1. I said “most of” red states haven’t been helping renters obtain the COVID relief funds, not exclusively red states. Learn to pay attention to details.

          1. Natacha, I provided a link that showed that a blue state was not distributing it’s COVID relief funds. I then asked you to provide proof concerning the distribution of relief funds in red states and you simply restated your position with out giving us anything that would substantiate your claims. You may be correct that red states have also not distributed the relief funds but you assume that we should just take your word for it that their are more red states than blue states that have done a poor job. It has become a daily occurrence that you make claims without any supporting source. Keeping these daily occurrences in mind, how can we take anything you say without scepticism. Please demonstrate some responsibility.

            1. Silly you, you are SUPPOSED to take liberals at their word, it is insulting to question them or their motives and it could get you in some real trouble. What’s wrong with you?

            2. Why don’t you try researching facts before attacking me? You accuse me of lying constantly, and are proven wrong constantly.

    2. The sociopaths response is always to deflect. Good job brown shirting the issue

    3. Maybe you missed this, Anonymous. Hillary said the election of Trump should be looked into because of Russian interference. We now know that the interference to the election was bought and paid for by the Clinton campaign to promote the phony RussiaGate conspiracy, Hillary with the help of Pelosi and Schumer did everything they could to turn over the 2016 election. Looking into the possibility of election fraud in comparison to the an actual attempt to unseat a sitting President pales by comparison. Of course if you live in Russia, Venezuela or Cuba you would just accept it as a fact of life. Russia, Venezuela, Cuba or inside Anonymous’ head.

      1. Hillary Clinton did not instigate the investigation into Trump’s collusion with Russians–that has been established–it came from an Australian diplomat who was stationed overseas and who obtained this information and passed it along to American intelligence. “We” don’t “know” any of the things you claim when call the Mueller investigation “phony”–did you ever read the Mueller report? Are you unaware of the guilty pleas, guilty verdicts and convictions? Trump cheated his way into the White House with the help of Russia. These are facts that were established by the Mueller Investigation, and no amount of spin by your alt-right media sources will change the sworn testimony and documents that prove these facts. Nancy Pelosi and Chuck Schumer had nothing to do with the Mueller investigation. Trump lost the popular vote in 2016 to Hillary Clinton, and would have lost the election but for Russian hackers who put out lies on social media in key precincts in certain states targeted for them by the Trump campaign. That’s called cheating, and the majority of Americans never approved of Trump.

        1. Voters did not elect Joe Biden by 80 million votes, either.

          Now we have an illegitmate, senile, corrupt old man sitting in the White House.

          They give him numbered pictures so he can call on only pre-selected reporters who submit questions in advance.

          They write down notecards so he knows what to say.

          Even then, he still loses his train of thought and can’t finish a sentence.

          They keep him out of sight for days at a time.

          And they now have to point to show him where to walk.

          He takes baby steps with his senile shuffle.

          Some days his eyes are wide open.

          Some days his eyes are squinty slits.

          Every day his eyes reveal the man is not all there.

          The country does not approve of demented, illegitimate Joe Biden or his destructive policies.

          1. And with all of this, Joe Biden is STILL better than having the country endure the certain disaster of a Kamala Harris presidency.

            So hang in there Joe. We need you to finish your term.

            The unlikeable, god awful Kamala will continue to implode all on her own.

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