Michigan Court Rejects Effort to Disqualify Donald Trump

We have been discussing the nationwide effort to disqualify former President Donald Trump from ballots in key states under a novel theory using Section 3 of the 14th Amendment. Yesterday, a Michigan judge was the latest to dismiss the effort to prevent voters from being able to vote for Trump.

As many of you know, I have been a vocal critic of the theory as unfounded and dangerous. While figures like Harvard Professor Laurence Tribe have assured the public that Trump is clearly disqualified under the theory, it is based on unsustainable historical and legal interpretations in my view. For that reason, I have welcomed rulings to allow these claims to be reviewed on appeal. It has not fared well. While some have misrepresented past rulings, Tribe and others are still seeking a favorable judge.

State Judge James Robert Redford rejected the challenge and found that the courts lack the claimed authority under the theory. Judge Redford also rejected the effort of Michigan Secretary of State Jocelyn Benson (D) under state law to remove candidates from the ballot based on that provision.

An appeal is now expected to proceed and the matter could well end up in front of the Supreme Court.

Last week, the Minnesota Supreme Court ruled in a similar case that Trump could not be removed from the primary ballot in that state. Another ruling is expected soon out of Colorado.

I have previously addressed the constitutional basis for this claim. It is, in my view, wildly out of sync with the purpose of the amendment, which followed an actual rebellion, the Civil War.

As previously discussed, the 14th Amendment bars those who took the oath and then “engaged in insurrection or rebellion against the same.” It then adds that that disqualification can extend to those who have “given aid or comfort to the enemies thereof.” According to these experts, Jan. 6 was an “insurrection” and Trump gave “aid and comfort” to those who engaged in it by spreading election fraud claims and not immediately denouncing the violence.

But even the view that it was an “insurrection” is by no means a consensus. Polls have shown that most of the public view Jan. 6 for what it was: a protest that became a riot. One year after the riot, CBS News mostly downplayed and ignored the result of its own poll showing that 76 percent viewed it for what it was, as a “protest gone too far.” The view that it was an actual “insurrection” was far less settled, with almost half rejecting the claim, a division breaking along partisan lines.

Advocates of this theory like Benson are arguing that they are protecting democracy by denying the ability of tens of millions of Americans to vote for their preferred candidate. Nothing says democracy like barring the choice of voters. It is a practice that is common in nations like Iran where the government scrubs the ballots of unacceptable candidates.

Hopefully, these courts will expedite these rulings to allow the matter to reach the Supreme Court for a final and definitive ruling. These challenges are spreading uncertainty on the choices that will be allowed for voters — a dangerous and dysfunctional effort.

Here are the opinions:

20231114 Opin Ord – LaBrant et al v Benson

20231114 Opin Ord – Trump v Benson

 

169 thoughts on “Michigan Court Rejects Effort to Disqualify Donald Trump”

  1. There arent enough tall buildings in Gaza to throw all the gays off of them. Douglas Murray nails the Left as ignorant, vacuous Americans

    🤣

  2. OT

    NO SHAME!

    WILLIAM “MR. DEEP DEEP STATE “SWAMP” BARR

    CAN YOU IMAGINE MERRICK GARLAND COMMENTING IN THE NEWS AND WRITING A BOOK DISPARAGING JOKE BUYDEM AND THE WHOLE BIDEN CRIME FAMILY?
    _________________________________________________________________________________________________________________________________________________________________________________

    “Criminal defendant Hunter Biden, President Joe Biden’s son, filed a motion Wednesday seeking the issuance of subpoenas of former U.S. Attorney General Bill Barr and former President Donald Trump, citing an excerpt from Barr’s book in support of the argument there was “more than a mere appearance” that Trump “improperly and unrelentingly pressured DOJ to pursue an investigation and prosecution […] to advance […] partisan ambitions.”

    – Law & Crime
    ________________

    The loyal and trustworthy Bill Barr dropped the dime on the President he served.

    Alternatively: Global Communist Deep Deep State “Swamp” sycophant and covert operative, Bill “We Will Stop Him” Barr, concluded his stealth operation against President Donald J. Trump by publicly denigrating the president who hired him.

    Barr failed to mention that John Durham said the FBI must have never opened Operation Crossfire Hurricane, that the FBI and DOJ had no evidence of Russia, Russia, Russia collusion, that Zuckerberg admitted that the FBI zuckered Facebook into censoring conservative posts, that Obama continues to conduct a coup against Trump, that FBI Counsel Lisa Page wrote in an e-mail that “Obama wanted to know everything they were doing,” and that Barr and the entire communist (liberal, progressive, socialist, democrat, RINO, AINO) American Deep Deep State “Swamp” is doing everything it can to STOP TRUMP.

    WILLIAM “MR. DEEP DEEP STATE” BARR IS A DISGUSTING AFFRONT TO THE AMERICAN FOUNDERS.

    THIS BUSH FAMILY STOOGE, THE BILL BARR CLOWN SHOW, HAS NO SHAME.

    1. Like gravity, the natural tendency of all government officials is unconstitutional-authoritarianism.

      Both Republicans and Democrats do this.

      These officials seem to view any authority is possible, as long as nobody finds out about it.

      Excessive Secrecy plays a big part here. If an official can classify something as “Secret” for 50 years, that alone removes all risk of legal penalty for any official to do anything they please.

      Excessive Secrecy actually creates an “incentive” for officials abusing their authority. The official will never have to confront their mistakes or abuses. It won’t affect their paycheck or pension. If they commit crimes, they never have to confront or apologize to their crime victims.

      The next generation of officials know this, so they become even more lawless. That’s a pretty good summary of 21st Century government.

      This creates cynicism with voters and reinforces the “Deep State” idea. Both political parties do it.

      1. Both parties have done this. Absolutely.
        The last time we saw governmet attacks on Free speech like we see now, they were lead by Sen. MacCarthy a republican – though there were some democrats complicit.
        But today the effort is almost exclusively by democrats.

        I would note that When MacCarthy engaged in his nonsense – he was challenging a republican president.

        Today we have complicity from the executivive congressional democrats, the media, and social media.
        One wonders how free speech in any form will survive.

        Trump is currently threatening to do to democrats what they are doing to him.

        Hillary has threatened to send half the country to re-education camps.

        And democrats are so self unaware they are freaking out. The same people who are cheering Willis, James, Bragg, … on are terrified that Trump SAYS he will do to them what they have done to him.

        When Trump is president – if he actually does what he says – Trump has said he would do all kinds of things to democrats that democrats have done to him, and ultimately not done them. One of his campaign promises was to”Lock Her up” yet immediately after the election Trump called Hillary and burried the hatchet, assuring her that he would not go after her. And no one did.

        Will Trump make good on his threats ? Past history suggests that it is all carefully crafted political rhetoric.

        But if he does – I will reluctantly oppose him.
        Reluctantly – because the people he would go after fully deserve what he would unleash on them.

        Regardless, on issue after issue – Republicans are not to be trusted.
        To paraphrase Churchill Republicans are the worst – except for all the others.

  3. Turley should write an article about how otherwise good government servants work in bureaucratic “systems” that destroy good Americans.

    You can put good, intelligent and caring people into a system that creates genuinely evil results. Even the government officials working there can’t reform those evil systems.

    For example: my neighbor is a federal bureaucrat that works in a security agency. He teaches his kids right from wrong. Teaches them to take responsibility and apologize if they make a mistake.

    The bureaucracy my neighbor works for has let thousands of innocent Americans become destroyed for over 20 years of blacklisting. Apparently the bureaucratic “system” instead of apologizing and making their victims whole again is simply waiting for them to die – with no apology, no taking responsibility and continuing with as “business as usual”.

    The system also conveniently ignores that local and state officials (Fusion Centers) committed likely one of the greatest frauds in American history. Likely in order to grab federal tax dollars, local and state governments “uploaded” highly flawed blacklists from as far back as the 1980’s.

    In other words, “Persons of Interest” (unconstitutional term of a target with lower evidence than “suspect”) from as far back as the 1980’s were fraudulently “uploaded” onto post-9/11 blacklists to grab federal tax dollars.

    In real practice, this potentially means a boy that broke up with the cop’s daughter in high school might have been blacklisted by their local police department in the 1980’s. Then illegally blacklisted, abused and probably framed over 20 years. Then 9/11 comes along and those same local police departments add this guy to a 9/11 blacklist – to embezzle federal tax dollars.

    This can also happen to non-government family members of intelligence and security personnel. Federal agencies can destroy the family members of American heroes working on covert operations.

    Fusion Centers are funded by DOJ and DHS, so these agencies won’t intervene to correct this violation of civil rights and constitutional rights.

    Net result: as of 2023, there are likely thousands of totally innocent Americans blacklisted for over 40 years total harmed for life). The agencies are raking in federal tax dollars destroying innocent Americans.

    Congress has known this was happening for at least 20 years, but they won’t simply defund “unconstitutional” practices at Fusion Centers or local, state and federal agencies.

    Maybe 50 years from now, an overpaid historian will claim we ought not to have done those evil things.

    The problem with waiting 50 years, it doesn’t stop the bureaucracies evil practices today. It creates no deterrent-effect to prevent future evils from happening. It provides no accountability to anyone or any flawed system.

    America’s bureaucratic systems are broken. It might require a constitutional amendment to fix it. Your tax dollars at work!

  4. Jonathan Turley: You often complain about the “age of rage”–much of which you blame on the Dems and the left-wing. Now we have a case that doesn’t support your claim. And you can’t blame this one on the Dems.

    Yesterday, GOP Senator Markwayne Mullin stood up at a hearing, chaired by Bernie Sanders, and challenged labor leader Sean O’Brien to a fist fight. Mullin was mad that O’Brien mocked Mullin on social media and told him to “stand up your butt”. Sanders had to bang his gavel and told Mullin: “Sit down. You’re a United States Senator!”

    Predictably, Fox News, where you work, had their own spin on the incident. Sean Hannity interviewed Mullin on his show and bizarrely told his guest: “He called you out. You called him out for calling you out. And that’s the kind of old school the way it used to be…Any other response kind of would have been a little gutless”. Mullin responded that it was all about “political correctness” and “If I didn’t do that, people of Oklahoma would be pretty upset at me…I’m supposed to represent Oklahoma values”.

    So for Hannity and Mullin it’s acceptable for a US Senator to get up and challenge a witness to a fist fight. It reflects Oklahoma “values”. Sorry, Senator Mullin, what may be acceptable on a childhood playground is not acceptable for adults in the Senate. “Political correctness” requires civility. Violence is not acceptable at a Senate hearing and one would hope your kind of behavior is not part of Oklahoma “values”.

    You work for Fox as their legal analyst”. Hannity thinks violence is justified in this “age rage”. Do you endorse Hannity’s views?

    1. Good points!

      Correct me if I’m wrong, but aren’t Fox News owners foreign born?

      It’s kinda odd how they cherry-pick their news coverage in a way that harms America. Not sure American born owners would cover it that way.

    2. I saw the entire exchange – while there is much more to it that you claim.

      And more generally republican congressmen are getting frustrated at the bold faced lying that is being done by various witnesses in congress.

      Regardless, the bad conduct was not initiated by Mullins. Though Mullins should have been wise enough to back down.

      Bernie Sanders stopped this – wisely for Sanders.

      Sanders did not tell Mullins – “Your wrong”.

      He said “For god’s sakes you are a US Senator, sit down”.

      And Mullins sat down.

    3. Where were you when Biden threatened to Take Trump behind the Barn ?

      Mullin’s should not have allowed himself to be goaded.
      But again – the misconduct was initiated by the Democrat.

      Just as Joe Biden made the Threat to litterally slug it out with Trump.

    4. Mullin’s did not engage in violence. No one did.

      Can we atleast get a grip on reality.

      If you wish to criticise Mullins for what he did – be my guest. We do expect more out of US senators that democratic operatives.
      Sen.Mullins conduct does not comport with what should be expected of US Senators regardless of the misconduct of witnesses.

      I will stand behind you on that.

      As to violence.

      That should be trivial to understand.

      The entire purpose of government, the basis for the social contract is the elimination of violence.

      In a perfect world – violence would never be justified.
      We do not live in a perfect world.

      In the world that we live in Violence is rarely justified.

      It is justified in response to violence – self defense.
      But lets address political violence “insurrection”.
      Is that ever justified ?

      I would sugest you read the declaration of independence.

      In a perfect world – political violence is never justified.
      We live in the real world.

      The declaration of independence makes it clear – we are not justified in resorting to violence in response to every egregious act on the part of government.
      HOWEVER we are entitled to use force – violence to destroy a govenrment that has become destructive of the only legitimate and of government – protecting our rights.

    5. PRO-LABOR LEGISLATION IS BIASED, ILLICIT FAVORITISM, AND UNCONSTITUTIONAL

      PRO-LABOR LEGISLATION MUST BE ABOLISHED AND REPEALED

      Sean O’brien is a criminal who runs a criminal origination. Americans are free to establish a business or accept or reject employment. Unions have nothing to bargain with. Unions threaten and commit illegal and violent acts, as they intimidate officials and citizens. Unions are antithetical, illicit and unconstitutional. Unions’ tough-guy “bosses” have no rationale or authority to enter the Senate of the United States of America. They are frequently entered as criminals into U.S. penal systems. America must stop legitimizing criminal unions and their criminal thug leaders. Labor legislation is unconstitutional.

      The psychotic, power-hungry Rhonda “Randi” Weingarten has utterly ruined American public “education,” actually propagandization and indoctrination. “We will stop him,” FBI Special Agent Peter Strzok, with reference to Real President Donald J. Trump. The high criminal Strzok should have said, “We will stop the criminal unions and their criminal union bosses.”

    6. While you have several factual errors as well as logical errors in your post

      You – and Sanders are correct – this is the US Senate not a childhood playground.

      Aside from your errors and spin it was still wrong for Mullins to take the witnesses bait.
      That is no appropirate conduct – and OK voters will get to consider that when Mullins is up for reelaction.

      Just as Franken’s conduct – grabbing the breasts of a sleeping reporter were also not appropriate conduct.

      None of this does anything to dismiss the fact that the “age of rage” is the product of Democrats.

      Democrats have implimeted a number of policies – either federally or at the local level over the past 3+ years.

      Concerrent with those policies we have seen spikes in all forms of violence. We have seen spikes in drug deaths, suicides,
      and a long list of other maladies that we are all suffering from.

      I have not enumerated the specific policies – because although it is common sense that if you do not prosecute crime, you will get more crime.
      We are beyond common sense. The FACT is those policies have FAILED spectacularly.
      Had Democrats gotten toughh on crime and had the same results, if would be honest to conclude that those tough on crime policies failed.
      Had the new democratic policies succeeded – if we actually had lower violent crime an improved economy, we could conclude those policies succeeded.

      But the FACT is those policies FAILED …… they also FAILED predicatably.

      The individuals who commit murders rapes and other violent crimes are personally responsible for their conduct.
      They are responsible whether they are black or white, rich or poor, democrat or republican.
      Violent criminals are NOT entitled to blame democratic policies for their own bad conduct.

      But the rest of us ARE legitimately entitled to blame democrats for the systemic failures we are seeing follow their policies.

      Separately from that the left as a whole with the full participation of democrats is pushing a cult of victimhood, on all of us.

      The left is selling the irrelevant notion that everything that is wrong in our lifes is not our fault – which in SOME instances is true.
      That our problems are all caused by the misconduct of oprressors – often long dead. Which is rarely true. And that some outside force – government, retribution, reparations can fix that – which is NEVER true.

      If something bad has happened in your life – that may or may not be your fault.
      That may or may not be the fault of some bad actor.

      But the only person who can fix it is YOU.

      When your ideology sells people that but for the bad acts of others everything would be great, and that some outside action can magically make everything better – they are not only lying to you, but they are permanently trapping you into in misery.

      Many of us have experienced bad things in our lives. I would not wish on the rest of you the very bad things that have happened to me. Nor will I pretend to grasp the impact of whatever bad things have happened to you.
      Regardless, you own your own life – no one else. No one else can fix it. Whether you have been raped, or contracted cancer There is no magic to regain your life. Only you can do that.
      When your ideology is rooted in victim hood, it should come as no surprise that you amplify rage and anger.

      Individual republicans and individual democrats are personally responsible for their own conduct.

      But Democrats and more specifically the victim/opressor fixated left progressive are responsible for the society wide age of rage.

      Aside from the obvious logical results of their ideology. They are also responsible, because they are the change that triggered all of this.

      Trump and MAGA came second. are a response – pretty much by Definition. Conservatism Generally is resistance to change, not change,
      The argument that a lack of change makes things work is incredibly weak.

      Further Concervative, MAGA, Republicans more generally do not propose to change the world into something new.
      They propose to restore the world to something old that they claim worked better.
      While that could make things better or worse. It can never explain the relatively sudden abrupt increases in violence anxiety, depression that we have seen. However imperfect what republicans seek to return to may have been – we KNOW that it was not “the age of rage”

      Responsibility for that rests with the left.

    7. Nearly every allegedly right wing protestor here has criticised the “right” for something.

      I have frequently identified Things Trump has done or said that “go too far”.

      In posts below I have noted that though Sen. Mullins conduct is FAR from extreme, and Far from what we see everyday from the left and far from unprovoked,
      Still Mullins was WRONG. He is a US senator and we expect he will not take the bait.

      When EVER have you been willing to criticize the left ?

      Just recently Biden had the oportunity to stop by the march for Israel. I bi-partisan event on the mall. The leaders of the house and senate – republicans and democrats were ALL present and all jointly condemning Hamas and stating forcefully that the US will back Israel FOREVER.
      Biden did not take the 2 min trip down the mall to put in an appearance.

      Hoe many lefites here are willing to admit that Hamas is a terrorist organization ?

      We can debate how to acheive peace between israel and palestine. I do not have the answer. If you think you do I would love to hear.
      But frankly I do not know anyone who who has a credible answer.

      How can we even have a discussion when so many on the left are unwilling to admit that Hamas is a terrorist group.

      We have young left wing nuts marching in our cities – do not get me wrong – I 100% support their right to march, to march into the capitol and say stupid things. To attempt (successfully) to disrupt congress.
      Where is the person on the left who is willing to admit that J6 protestors had the same right.

      What ever you think about the views of J6 protestors – those Supporting Hamas are far worse and far stupider.
      Many are comparing Hamas to Nazi’s – that is an insult to Nazis.

      The Nazi’s conducted their most heinous acts in secret. The revolting Videos that Israel is showing were deliberately produce By Hamas
      these people are proud of raping jews. murdering jews, burning babies. They are calling home and joyfully telling the mothers about all the jews they killed. Even the Nazi’s never did that.

      Are you capable of saying that students protesting in favor of Hamas have gone too far ?

      Is there anything those on the left have done that you are willing to condemn ?

  5. One can only hope the courts maintain their sanity. I am no Trump fan, but this is a ridiculous tactic. Regardless of what one thinks of him, he has never been charged or convicted with treason or like minded crimes. That means in plain English, he has not committed a reason out crime, this this does not apply to him. Being a singularly irritating person may be a reason to not vote for him, but not a reason to not allow him on a ballot.

    I always wonder if it was Bill Clinton or Joe Biden, would these same anti-ballot people pushing this narrative be of the same opinion.

    1. “Being a singularly irritating person may be a reason to not vote for him,”
      I’m going to vote for “a singularly irritating person” that loves America and wants the best for her than one who’s not so irritating but has a vision that is completely anti-American.

  6. America is not a constitutional rule of law nation. We are not a Christian nation.

    Guantanamo Bay is still open in 2023, one of the most evil human rights abuses in the world. Even if Bush officials fooled us in the early 2000’s, we now know about 90% or more had no evidence of any wrongdoing whatsoever.

    For more than 20 years the USA has blacklisted at least 40,000 American citizens on U.S. soil, not including some of Trump’s supporters after January 6.

    Most of the 40,000 blacklisted (predating the January 6 coup attempt) – there is no evidence of any wrongdoing. This destroyed innocent Americans on U.S. soil, likely resulting in premature death.

    That means today local, state and federal officials are “criminal accessories-after-the-fact” to war crimes. There is no statute of limitations on war crimes.

    In the years to come, agency heads and top management could be criminally prosecuted and spend decades in prison – officials from FBI to NSA to DOD and other agencies.

    If Americans are the good guys, why is it anyone is okay destroying fellow Americans? America has perpetrated a great evil onto it’s citizens and nobody cares.

    You can’t be a Christian or American ignoring this evil over the past 20+ years! War crime victims will get their day in the war crimes court. Top Bush officials will be held accountable.

    1. Groomer says what?

      https://www.thewrap.com/slade-sohmer-the-recount-editor-in-chief-child-pornography-arrest/

      Slade Sohmer, the now-former editor-in-chief of the left-leaning publication The Recount, was arrested on Friday on charges of possessing more than 1,300 images of child pornography including images of toddlers, according to court documents.

      Sohmer was released on $100,000 bail on Monday, after being charged with two counts of possession and two counts dissemination of child pornography.

      Berkshire Assistant District Attorney Marianne Shelvey told TheWrap on Tuesday that Sohmer’s collection of images and videos, some involving children as young as 3 or 4 years old, was “one of the most egregious cases” she had ever seen.

      In addition to the imagery, authorities obtained text chats, also allegedly from Sohmer, sharing how to kidnap and rape a child. Shelvey said the disturbing chats added “a level of extreme cruelty” to the case.

      Sohmer, 44, was dismissed from his job as editor last month, around the time the Berkshire District Attorney began an investigation into allegations of child porn.

      He faces between five to 10 years if convicted on the charges. He has pleaded not guilty to all charges. He is due back in court on Dec. 21.

    2. You may be correct that some Islam-Americans have been unfairly blacklisted, indeed unfairly convicted, in the wake of 9/11. Based on what we now know about the FBI, it would not be surprising. I hope someone in the second Trump administration takes a look at this issue. You may want to write to a journalist with some influence, such as Glenn Greenwald or Tucker Carlson.

      1. EM The FBI has been corrupt for a long long time.
        I am most definitely NOT with the “only a few bad apples” group.
        There may be only a few good apples.

        There is an endless history of political and other misconduct by the FBI through my entire lifetime.
        Sometimes that was towards blacks, orther towards muslims, or targeting alleged white supremecists, or ….
        There is pretty much no time int he past 60 year that the FBI was not engaged in rampant unconstitutional malfeasance.

        If your idea of right and wrong is purely political – sometimes the FBI was engaged in malfeasance against your enemy, others it was targeting your friends. Sopmetimes it was just plain corrupt.

        I would further note – this is not limited to the FBI – There does not appear to have been a single thing the CIA has not botched since its founding. DOJ is no better.

        Give government power and it will be abused – with certainty.

  7. “Michigan Court Rejects Effort to Disqualify Donald Trump”

    – Professor Turley
    ____________________

    Wait!  You mean there’s a court in the land that can read the law and apply it impartially and without personal ideological bias?

    Darn!  That court would have immediately declared Obama ineligible and thrown the high criminal, “Crazy Abe” Lincoln, and his communist (liberal, progressive, socialist, democrat, RINO, AINO) successors in prison for good.

    Oh, my!  America would be “un-fundamentally transformed,” back on the Constitution and Bill of Rights, its government severely limited and restricted, and individual Americans would be free again.

  8. Below one comment mentioned General Milley, I’d say this individual should have NEVER been the head of the Pentagon.
    His failures are beyond description the most glaring is his contacting the Chinese on two occasions October 30 and his call on January 8th to General Li. He tries to assuage his actions by placing blame on Defense Secretary Esper and then acting Secretary Miller, yet his boss through the chain of command was the President of the United States the Command and Chief of all the military.

    He stated “The specific purpose of the October and January calls was generated by concerning intelligence which caused us to believe the Chinese were worried about an attack on them by the U.S. He further stated “My task at that time was to de-escalate. My message again was consistent: calm, steady: De-escalate. We are not going to attack you.”

    Who gave him the authority to make a policy statement?

    1. Responding to George W:

      When someone can’t debate the issue, they attack the messenger.

      The bottom line is Mark Mikey’s 2023 retirement speech explains the American Oath of Office loyalty oath is arguably the most accurate speech on American loyalty in 50 years. Yes the human-messenger that said it may not be perfect.

      Does anyone disagree with the actual truth and substance of Miley’s speech?

      Both Trump and George W. Bush supported a loyalty oath to a single person (ie: Monica Goodling purging the DOJ of non-Bush loyalists). Both Trump and Bush advocated something Nazi Germany subscribed to – the polar opposite of America’s loyalty oath. Miley’s speech was spot on!

      1. So was Woodward lying when he accused Milley of promising to warn the Chinese of an imminent attack by the U.S.?

      2. I have not read Miley’s speech. Miley has behaved so excrebly I do not care what he has to say.

        I have no idea what you are talking about about loyalty oaths. The Trump claim is bs.

        All members of the government swear an oath to uphold the constitution.
        If you work in the executive and you BELEIVE the president has asked you to do something unconstititonal,
        You MUST resign, and then you can speak out.

        This is true whether the president is Trump or Biden.

        The President was elected. You were not.

        To be clear – I absolutely expect that you will resign and speack out if you are asked to do something unconstitutional.
        If you are not prepared to do that then you MUST do as the president directs.

        There is no middle ground. There is no Ignore the president and do as I please. That BTW would violate your oath to uphold the constitution – because the constitution says the President holds ALL executive power – not you.

        This is also important because if you are unwilling to resign and speak out – it is likely that your allegedly unconstitutional act is just something you do not like.

        Regardless the test of peoples character is how they deal with being on the horns of a moral dilema.
        Pussy footing arround and sabotaging your superiors is not a moral choice.

  9. Respectively disagree with Turley. January 6 absolutely was an insurrection.

    The day January 6, 2021 was targeted precisely because it was an official constitutional function.

    Evidence strongly indicates Trump was preparing for this insurrection prior to the November 2020 election. No in-person voting had even happened and Trump was planning what to do if he lost. Trump had plans for the military to seize voting machines.

    63 judges (including Trump appointed judges) unanimously ruled Biden won the election.

    Trump leading up to and on January 6 then tried to coerce Mike Pence to not do his constitutional duty, not certify the election results. Trump knew that his supporters constructed an actual gallows made of wooden 4×4’s and rope (strong enough to actually execute someone). And that they then threatened to hang Pence. Trump supporters stockpiled weapons in hotels outside of Washington DC for backup reinforcements.

    According to Secret Service logs, Trump wasn’t allowed to attend because there were protesters with long rifles in trees.

    Capitol Police and Secret Service radio traffic transcripts confirms Trump supporters didn’t just trespass but were actually hunting for Mike Pence, Nancy Pelosi and other leaders trying to perform constitutional due process.

    Trump watched the whole thing on TV and did nothing for about 3 hours. When an insurrectionist was shot and killed, Trump finally did his duty after it was too late.

    I’ve never heard of a protest, where the protesters bring mace, bear spray, zip-ties, lumber and rope to build an actual gallows used for executions. Sounds like an insurrection to me.

    1. “Respectively disagree with Turley. January 6 absolutely was an insurrection.”

      And you are wrong. It ABSOLUTELY was not. Insurrection is not an event, like a picnic. It is a crime, perpetrated by criminals. It is defined in 18 USC 2383.

      Who are the insurrectionists, charged and convicted under 18 USC 2383?

      Of course, you have every right to be wrong. Enjoy it.

      1. Jimmy, if you are correct than why haven’t any of the Jan 6 participants been charged with insurrection. Let me give you the answer. The Prosecutors know that charges of insurrection would not stick so they shunned a charge of insurrection like the plague. I see that you caught the malady in full force.

        1. WTF are you talking about??? Maybe “Thinkitthrough” is a terrible choice of screen name for you.

          You made exactly the same point I did. Yikes.

      2. Sort of like top Bush officials violating Ronald Reagan’s torture treaty – a felony crime under federal law, just not enforced.
        Article VI of the Constitution also makes it highly disloyal for any American to torture, blacklist or use cruel treatment.

        Or former AG John Ashcroft abusing the federal “Material Witness Statute” to be use as a punitive interrogation tool. Also a federal crime – simply not enforced.

        The elite class do what they want, regardless of any laws.

    2. Anonymous, thank you for your wisdom but 76% of Americans believe that Jan 6 was a riot gone bad. Yet somehow you think that you’ve got it right. The more the Democrats try to keep Trump off the ballot the better the polls are for Trump. Now that right there is a winning strategy for the Democrats. Plant palm on face and keep it up. By the way Anonymous, you also told us that CRT wasn’t being taught in schools. Do you think we have forgotten?

      1. TIT, all publicity is good publicity. Trump doesn’t have enough money to buy all this publicity.

      1. Wow!

        I am shocked.

        The “This is Art” sign on the side just blows my mind.

        It also makes clear that J6 protestors KNEW ahead of time all the stupid things the left was going to say – and prepared for it.

        But it did not matter – because the left does not care about the truth if they can find a camera angle to deceive people.

    3. The only “insurrection” in history during which the “palace guards” opened the gates and escorted the “insurrectionists” into the capitol.

      With a whopping 38.9% election “mandate,” “Crazy Abe” Lincoln unconstitutionally denied the fully constitutional right to secession, imposed martial law, seized power, invaded a sovereign foreign nation, commenced an unconstitutional war without authority or declaration, suspended habeas corpus, suspended freedom of speech, suspended freedom of the press, threw political opponents in prison, conducted brutal total war against businesses, farms, cities, civilians, etc., failed to deport illegal aliens and enforce extant immigration law, “fundamentally transform[ed] the United States of America,” and nullified American fundamental law, after merely 71 years of freedom.

    4. 63 judges (including Trump appointed judges) unanimously ruled Biden won the election. </i

      Leftist are forced to lie, because the facts just don't support their fantasies.

      63 judges refused to hear any evidence claiming a series of legal slight of hand to prevent any evidence from seeing the light of day.

  10. The 2020 election was close, so Trumps questioning of the outcome was reasonable. Al Gore questioned his loss to George Bush, that was a reasonable position to take, I think. Trump’s refusal to accept the election results, given what went on before, the nefarious tactics Democrats used to try and destroy his Presidency (even before it got started), was another reason why it was reasonable for Trump to believe maybe the election was stolen. The Democrats spent three years pushing this phony “Russia Collusion” narrative, a totally BS story. Also, the Democrats impeached Trump twice for no good reason – there was no evidence that Trump did much of anything to warrant impeachment, but they went ahead with the impeachments anyway. The impeachments were not “fair”, in my view, not even close, the Democrats actually tried to “frame” Trump by using evidence that was phony, as Trump’s lawyer reported eloquently in TV interviews. Given these things I think Trumps belief that the elections results were not really accurate, that some fraud took place, is to some degree understandable. This effort to keep Trump off the ballot in Minnesota and Michigan – is just more dirty tricks by the Democrats, in my view. Because Trump was the victim of all these dirty tricks by Democrats – including this business of the FBI spying on his Presidential campaign without a predicate – along with all these phony prosecutions that are targeted him now – it is understandable that Trump, and his supporters, would conclude the elections results in 2020 were tainted.

  11. Huh, I think Tribe’s legal theory is stupid, wrong and totally unsupported by the legal and historical record. I also think his theory is an effort to undermine “our democracy” and subvert the intent of our Constitution. Nevertheless, I don’t think his erroneous legal advocacy is grounds for having him disbarred or indicted. That is where we differ most fundamentally.

  12. Left Wing Nutty Liberal DEMS supported by George Soros and DEM Donors. They listen to radical discredited Left wing Harvard Legal so called Larry Tribe and associates. They will be doing this wherever they can, Supreme Court? If they take the case, the DEMS/Loons/NUTS will loooooooose.

  13. Ain’t it funny how time slips away. If denying the outcome of an election is a crime that disqualifies a person from running for election there are a lot of Democrats who should be disqualified. https://m.youtube.com/watch?v=uoMfIkz7v6s. Not only did they deny the outcome of an election but they worked for four years to undermine the Administration of a duly elected President through the use of the lie known as RussiaGate. Even CNN had to eventually admit that it was a lie. When you have a political party that will try to overturn an election based upon a lie why should anyone believe that that they wouldn’t stoop to barring an opposition candidate from being on the ballot. And yet they have the gall to say that they are trying to save Democracy while promoting Hamas by reporting a lie about bombed hospitals. Will you continue to vote for bad people?

  14. Quite frankly, the only enemies *Congress* saw on the 6th were their own constituents demanding an investigation to election results Team Blue, and only Team Blue, wanted to hurriedly rubber-stamp without investigating, “the seriousness of the charges”. “How dare they *demand* their voices be heard and concerns addresses by *us* (of all people), on this historic day we ignore them! Let them eat tear gas!”–The US Congress

    1. Learning about efforts of Chris Krebbs, and the multiple recounts in various states will keep you from making silly comments like this.

      Of course learning about factual reality can only help if you’re willing to accept the truth that the guy you backed lost.

      1. Krebs is the proof of election fraud.

        We were in the midst of a pandemic. Courts and executives took bare moments to completely change the way elections were conducted.

        No sane and rational person expected that radical changes at the last minute by fiat outside the requirements of the law were going to work well.

        You are entitled to beleive that there was no significant election fraud. It is a FACT that the election was a mess with problems all over.

        ANYONE who tries to claim it was somehow perfect is NUTS.

        Separately there were not lots of recounts. There were afew recanvases – mostly in single counties or precints and most of which picked up additional Trump votes.

        That alone is actually damning. In a close election if you recount 20 different places, the gains and losses as a result of error will very close to balance. Lopsided results from recounts are indicia of fraud. In the small number of recanvasses that occured Trump picked up about 15,000 votes nationwide – a small number for sure – but then the election was decided by 44,000 votes, Conversely Biden picked up less than 500.

        At the very least that required a thorough investigation that never happened.

        Nationwide there were only 3 actual recounts – Antrim, Windham and Maricopa counties.
        The Antrim and Windham recounts reinforce the FACT that the election itself was a gigantic mess, and that those claiming it was perfect, and clearly fraud free are clueless idiots. While those three recounts proved that in those 3 counties there was no Tabulator Fraud.
        The Windham recount established a serious DVS problem with 85% of NH precincts that had been effecting NH elections for a decade.
        While that problem did not effect the presidential election – it did result in large numbers of overvotes all in one direction in any election that fell on the fold line of a ballot.

        The Maricopa country recount established that the DVS equipment had accurately counted the ballots.
        It also established that the Maricopa county election processes were abysmally bad, that the DVS tabulators could have been hacked in a few minutes by a script kiddie. That the firmware int he tabulators was inconsistent. The Cyber Ninjas audit established that had AZ law been followed that almost 50% of Maricopa county ballots would have had to be rejected. And finally that in an election that Trump lost by 11,000 votes, that there were nearly 50,000 duplicate mailin ballots from only 13,000 voters. Whether you like it or not that is FRAUD.

        I would separately note that the Time Magazine article where democrats celebrated the means and methods used to win the election is a confession of a massive illegal ballot harvesting operation.

        The focus of democrats before the election, and the focus of those looking for fraud after the eleciton was almost entirely in 6 cities all of which had abnormal voting in 2020. Both abnormal relative to prior elections, but relative to similar locations in 2020.

        It took FOIA requests and court orders but ultimately SOME of the video of unattended ballot boxes in those cities was pried out of the virulently resistant hands of democrats – somehow ALL video of ballot boxes in PA was destroyed violating state and federal election laws.
        Regardless, in the limited video that was ultimately obtainable there were hundreds of examples of large scale organized ballot harvesting.

        Ballot harvesting is illegal in 49 states in the US. Many past elections were tossed as a result of evidence of ballot harvesting.
        A 2018 NC congressional lection was tossed and more recently the Mayors race in Bridgeport CT was tossed using video showing ballot harvesting. The estimate in CT was that 37% of mailin ballots were harvested.

        Yet those of you on the left want us all to beleive that the 2020 election conducted in the messiest fashion ever, still had absolutely no problems at all ANYWHERE.

        You really expect us all to beleive that the video from Bridgeport reveals large scale fraud, while that from Atlanta, Pheonix, Nevada, Detriot, and Milwaukee is inconsequential ?

        You really expect us all to beleive that the same people who had no problem violating the first amendment to use the federal government and federal contreactors to engage in political censorship specifically to alter the 2020 election outcome would not also engage in ballot harvesting ?

        Whether you like it or not – large scale Fraud in the 2020 election has been PROVEN.
        Nearly every alphabet agency in the federal government excercised government power to censor political speech in the 2020 election.
        In addition the federal government paid 501C3’s to engage in even more political censorship.

        It is 2023. We are Drip by Drip slowly learning of the extent of the Corruption of Joe Biden.

        Actually that is incorrect – I am learning NOTHING new. I and people who do not rely on the left wing nut media KNEW of this corruption in 2018. We were familiar with the reporting of John Solomon on the antics of the Biden’s across eastern europe.

        We were called conspiracy theorist pushing debunked right wing conspiracies.

        Those of you on the left have LIED about absolutely everything, and you have tried to SILENCE those who have exposed your LIES.

        You do not seem to understand – you have no credibility – not on elections. not on anything.

        1. Stopped reading when you blew right by the fact Georgia had three recounts. One by hand. Then you went all Cyberninja…, but at least the ninjas investigation even increased Biden’s winning count in Arizona.

          You’re a clown, Johnny.

          1. If you feign stupidity, don’t be surprised when you are called stupid. A recount doesn’t reveal election fraud, you nincompoop. Once the ballot and envelope are seperated, there is not “forensic audit”. Get a grip. Clown.

Leave a Reply

Res ipsa loquitur – The thing itself speaks

Discover more from JONATHAN TURLEY

Subscribe now to keep reading and get access to the full archive.

Continue reading