2020 election

Donald Trump is still eligible to run for President

by Dave

Voila- I put the conclusion as the title of this posting. It isn’t what I want happen. It is a topic that received a flurry of attention among constitutional law professors in the last month.

It is ironic that convicted felons in my state of Florida can not vote, but they can run for president. It’s never happened before, but this is becoming a possibility. The idea of a convicted felon running our country probably never came up during the creation of our Constitution. It was just too preposterous.

Bottom line: Voters have to decide who our next president, not the courts. Trump may be ahead in the polls, but a lot can change from now to November 2024. I hope enough people see the light, and do not send a twice impeached and four times indicted candidate to the White House.

Section 3 of the Fourteenth Amendment to the Constitution provides the basis to disqualify a candidate for government office if they have engaged in insurrection or rebellion. It became part of the Constitution after the civil war. There were excellent opinions written by law professors and posted on the internet both supporting his eligibility and also supporting disqualification.

From a critical examination of the wording of Section 3, as provided by Professors Baude and Paulsen (link given at the end of this posting), Donald Trump should be disqualified from both the primaries and the general election. Their legal arguments are in a manner that conservatives usually prefer to interpret the law, referred to as originalism and textism. They argue that Section 3 is self executing, and any government official involved in the election can invalidate Trump’s candidacy. They are joined by Professor Laurence Tribe and former judge J. Michael Luttig. See video clip below.

Link: August 19, Laurence Tribe and J. Michael Luttig make the case for Trump’s Disqualification

I agree with the counter arguments by Professors Noah Feldman and Michael McConnell, that Donald Trump is eligible to run for president even if he encourage protesters on January 6 to be highly aggressive. I note Trump did not take any action as the Capitol was being ransacked. It is deplorable but not proof he engaged in insurrection.

Professor Noah Feldman cites two problems with Professors Baude and Paulsen article. First, is there never has been a real Supreme Court case to let the government officials know the proper interpretation of the key phrase to “engage in insurrection.” Secondly, the only precedent is the Griffin case, decided in a circuit court, which ruled that the legislature must first make Section 3 operable before actions can be taken. Professor Feldman emphasizes the importance of case law.

Link: Alas, Trump Is Still Eligible to Run for Office

Professor McConnell writes: “We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic.”

Prof McConnell Opinion

I agree. Trump’s supporters will claim this as an egregious abuse of power. Disqualification would disenfranchise millions of voters and the action of a one person, the Secretary of State, could determine an election for the country, if it was close enough.

Further, disqualification in any state would be a disaster. It would simply feed into the ultra-right wing narrative that the Biden administration is afraid of Donald Trump, and is finding ways to derail his candidacy.

Much of Trump’s ardent supporters have swallowed whole wild conspiracy theories, that the Department of Justice, FBI, attorney generals from Manhattan and New York State are all after Trump. Now it would include the Secretaries of State. The attacks get very personal against judges, even one he appointed (Judge Aileen Cannon).

And if Biden were to be re-elected, the legitimacy of the election would forever be questioned because a secretary of state would not allow his name on the ballot in a particular state.

Disqualify Trump, No. Vote him out, Yes.

Stay tuned,

Dave

Additional link:

Link: Forbes, Can Trump Be Disqualified From The Presidency? Why Even Conservative Legal Experts Are In Favor Of It

Section 3, 14th Amendment states:

Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

section-3-1Download

Trump’s Cases: Just the facts

by Dave

On the right side of my site, I have created a separate page on the four criminal indictments of Donald Trump. It is very short. I have included the best links I could find tracking these cases. If I stick with just the court rulings, it makes things a lot shorter. Sort of like reporting the final score of a football game, and not the action on the field.

The one getting the most attention is the Georgia election interference case with 19 defendants. It is referred to as the Georgia inquiry case, Fulton County case or the Fani Willis case. All defendants have pleaded not guilty, had their mug shots taken, and posted bond.

The 19 defendants are not speaking with one voice. Fani Willis wanted a start date in March 2024, while Trump wants more time. The judge has not yet decided. But, one defendant, Kenneth Chesebro, asked for a start date of October 23, 2023 and the judge apparently accepted this date. Sidney Powell filed a similar motion. The New York Times reported that they learned from John Eastman’s lawyers, that he also may opt for an early start date.

Not in Fulton County, please! Five defendants (Meadows, Clark, Shafer, Still and Latham) want “removal” to federal court. New York Times reports that Trump will also likely request removal to federal court. The case will still be held in Georgia, but it will be moved outside of Fulton County, which is heavily Democratic. If it is in federal court, Meadows and Clark will likely argue that they should not be tried at all, because they have immunity, as they were federal government employees performing their duties to the president.

So, the Georgia case is getting messy. A hearing has been set for August 28, to discuss these issues. The Judge’s focus will be on ensuring a fair trial, with sufficient time for defendants to prepare their defense and have an unbiased jury.

And Judge Chutkan in Washington, has set a hearing for August 28 to discuss the start date for the January 6 case. Jack Smith wants January 2, 2024 while Trump’s lawyers want April 2026. Big difference.

Four cases, Hush Money, Jan 6, Georgia and the Documents case are all going forward. Wheel of justice turn slowly.

Stay tuned,

Dave

Part II: The legacy of Jair Bolsonaro and Donald Trump

by Dave

This post will be more meaningful if Part 1 is read first.

Ex-President Jair Bolsonaro greatly admired Donald Trump, and his form of right wing populist politics. It was a very passionate love of country and religion, an emotional attachment that voters could easily embrace. Bolsonaro attacked the socialist views of Lula da Silva, comparing him to Hugo Chavez and Fidel Castro, who wrecked the economy of Venezuela and Cuba, respectively.

He continued his attack on the Federal Election court and the election in which he lost. While still in power, Bolsonaro met with foreign ambassadors in July 2022, in which he spread false information about Brazil’s electoral system. Thus he was laying the foundation to challenge the entire election process. The meeting was livestreamed by official television channels and on YouTube.

A lawsuit was filed by Brazil’s Demcratic Labor Party. On June 30, 2023, the federal election court barred Jair Bolsonaro from running for president until 2030. Bolsonaro plans to appeal the judgement. Per the CNN link:

Judge Alexandre de Moraes, who presided over the court, cast his vote last. “Let us reaffirm our faith in our democracy and the rule of law,” he said after voting in favor of the guilty verdict. Moraes added that with the vote Brazilian authorities would show they do not tolerate “criminal extremism attacking the powers of the state, fake news, disinformation to try to deceive voters.”

There are many other cases pending against Bolsonaro. Most recently has been the Saudi rolex watch scandal. The accusation is that Bolsonaro gave the watch to an aide to sell and then deposit the money back into his account. It is not a lot of money ($70,000) but the Superior Court has now permitted inspection of Jair Bolsonaro and Lt. Col. Mauro Cid bank accounts in the US on August 18, 2023.

This is a rapidly developing story, as on August 18, 2023, seven high-ranking military police officers were arrested in connection with the Jan. 8 attacks. I suspect more will follow, including possible connections between the violence on January 8, 2022 and ex-president Jair Bolsonaro. Also, there is considerable speculation in the media, that Bolsonaro and his son, Flavio were enriching themselves through government graft. It will be the court that have to decide whether guilt based on facts, not speculation in the media.

Link: ABC News: Brazil’s Bolsonaro accused by ex-aide’s lawyer of ordering sale of jewelry given as official gifts

What if Bolsonaro’s comments were not livestreamed and broadcast, and also captured on You Tube? Perhaps the Superior Court would have acted differently.

There is no equivalent in the US to the 7 member panel overseeing the election and corruption in Brazil. Some may consider it gives too much authority, as only a simple majority can deny a candidate from running for office. Our First Amendment rights are very broad, while a president is in office. However as Donald Trump has discovered, defamation lawsuits against an ex-president can be won as in the E. Jean Carroll lawsuit.

___

Trump at present has four criminal cases against him. The Federal January 6 case and Georgia case involve his direct involvement to interfere with the results of a fair election, before the election and afterwards, leading up to the attack on the US Capitol on January 6, 2021. The classified documents case relate to actions after he left office on January 20, 2021. Trump will be formally arrested in the Georgia election interference case on August 24, 2023.

A commonality of the US and Brazilian system is, no matter how high or low a person’s social status, there is equal justice and accountability for all. We have no privilege class. The prisons of our country and Brazil, were not created to house the poor or illiterate, but those found guilty of crimes by a jury in court of law where the rights of the defendant are enforced. A second principle is that the electorate decides who will govern the country in free and fair elections. Every four years, in the US and Brazil, only the electorate who can be their president.

Both Bolsonaro and Trump have legal rights and can petition a higher court to appeal their sentences. This is another example of

I feel no matter, what occurs, their legacy will be that they truly believed that truth did not matter. Everything depended on the dissemination of false information via social media and cable stations to maintain their base.

Trump in particular has portrayed his legal problems on a corrupt legal system, but this is another lie. He is the cause of the four criminal indictments.

Stay tuned,

Dave

Ex-Presidents Trump and Bolsonaro: Part 1

by Dave

“You shall reap what you have sown” old proverb, meaning you will suffer the consequences of your actions.

When Donald Trump in Nov 2020 and Brazilian President Jair Bolsonaro in October 2022 lost their bids for re-election, they refused to accept their loss. Both of them concocted lies which attacked the integrity of election. It was all very planned out and in both cases, within a few months, violence broke out in the capitals of their country. US Capitol attack occurred on January 6, 2021 and the federal buildings in Brasilia were attacked on January 8, 2022, encouraged by unfounded claims from the ex-Presidents.

But both Trump and Bolsonaro maintained a lie that the elections were rigged, and they were the legitimate winners of the election. Both perpetuated these lies by fabricating “evidence” of fraud. It is exactly what many of their supporters wanted to hear. Many people in the US and Brazil are in prison for the violence. Five people are dead as a result of the violent attack on the capital, and many police officers were injured as a result of the violence.

Trump schemed with other White House officials to have Mike Pence dismiss the results of the election in states where he lost by a narrow margin and prepared a slates of false electors. This is, in part, why he is facing charges of conspiracy in Georgia. We have the freedom of assembly and speech in the US, but when the communications are at the foundation of plans to break the law, then this becomes part of the crime.

At the local, state and federal level of government, violations of election laws can be investigated. Volunteers also act as observers and can report any violation. The courts heard more than 50 challenges from Trump’s team of lawyers. None of them were successful in changing the results of the election. On December 23, 2020, the US Attorney General, William Barr, announced that no fraud had been found that would change the results of the election. Similar conclusions were reached by the Director of Cyber Security, Chris Krebs, who was then fired by Trump.

In Brazil, just days prior to the election, Bolsonaro reduced fuel prices to gain favor with Brazilian truckers. On election day, truckers formed blockades to prevent voters from going to the polls in the Northeast region of Brazil, where the worker’s party with Lula Da Silva as the presidential candidate, was favored to win. The police set up checkpoints, causing more difficulties for voters. The federal justices which oversee the election process, voted to end the blockade and police checkpoints on election day. As a result, voters were delayed but not denied the opportunity to vote.

Link: AP Press Brazilian truckers protest Bolsonaro loss, block hundreds of roads

In Brazil, political parties have recourse in the judicial system (federal election court, headed by Supreme Court judge Alexandre de Moraes) to hear their complaints of an unfair election and take appropriate actions. So Bolsonaro’s party presented to the court their arguments that the machines which tallied the votes were flawed and should be disregarded. The discrepancy was very minor, and did not affect the actual tally. The court quickly rejected the allegations of Bolsonaro’s party.

CNN Link: Brazilian court rejects election challenge from outgoing President Jair Bolsonaro

So, both Trump and Bolsonaro challenged the election results through the courts, but failed to show any convincing evidence of fraud. Trump should have conceded to Biden after the formal voting of electors on December 14, 2020. Bolsonaro should have conceded to Lula da Silva after the federal election court rejected the baseless claim of fraud on November 23, 2022.

Instead of recognizing the importance of election integrity and national unity, they continued their attack on the election which they clearly lost. The legal system has caught up with both leaders.

This will be discussed in Part 2 of this posting.

Stay tuned,

Dave

Sidney Powell and Steve Bannon: Push and Push Back

by Dave

You can say pretty much what you want when you are talking to friends. But at a higher level, particularly on Social Media and cable news programs, you can be sued. In court, you can be disbarred if you go to far.

Sidney Powell is an attorney who is being sued by Dominion voting machines for making outlandish and false claims about their equipment. Her claims were repeated in many court filings, on Fox News and even in front of the President on December 18, 2020.

In August 2021, a Michigan federal judge formally sanctioned Powell, Lin Wood, and seven other pro-Trump lawyers for their suit seeking to overturn Trump’s election loss. The judge determined the nine attorneys had participated in “a historic and profound abuse of the judicial process” by filing baseless and frivolous lawsuits in order to undermine public confidence in the democratic process. The judge ordered them to pay Michigan and Detroit for their expenses in defending against the lawsuit. The court also referred Powell and the other lawyers to state disciplinary authorities for possible disbarment for ethics violations.

Her legal problems are continuing. On January 8, 2021, Dominion sued Sidney Powell and for defamation and asked for over $1.3 billion in damages. On August 11, 2021, the courts denied a motion to dismiss, so their lawsuit case will move forward.

Wikipedia: Sidney Powell

Dominion Systems: Legal Updates

Insider: Trump Campaign Purges Conspiracy Theorist Attorney, Sidney Powell

She is a very bright and well educated attorney, with excellent experience both as a prosecutor and defense lawyer. She began her career as an assistant US attorney in the Western District of Texas, and lead many prominent cases. She began her legal career as one of the youngest federal prosecutors in the US, at the age of 23. (Biography provided in Wikipedia link.)

How was it, that she could not see the push back in the form of lawsuits coming? On November 22, 2020, Attorneys Jenna Ellis and Rudy Giuliani announced that Sidney Powell was not part of the Trump’s campaign legal team, as her claims of voter fraud became more extreme. Somehow, the fraud extended to Hugo Chavez, who had been dead for seven year. I could only think that as she ascended to the rarefied air, of being on the legal team to the Trump Campaign and sought after by all the conservative broadcaster, she just couldn’t put limits on what she claimed, which morphed rapidly into an immense international conspiracy, and all the judges who ruled against her were corrupt.

There are so many others who will be held accountable for their actions in 2020. Steve Bannon trial for ignoring a subpoena from the January 6 committee began yesterday. I believe this time, Steve Bannon will be found guilty.

Steve Bannon is a political agitator who knows how to promote his view on social media and the conservative news stations. He was either fired or pressured to resign from the White House on August 18, 2017, a week after the attack on the Charlottesville Unite to Right march by white supremist groups. Trump put out a statement that in effect put blame on both sides for the violence.

In August 2020, Bannon and three others were arrested and charged with conspiracy to commit mail fraud and money laundering in connection to the We Build the Wall campaign. The defendants allegedly enriched themselves, despite promising that all contributions would go to building a wall. Bannon pleaded not guilty and was pardoned by Trump before his trial date.

I believe Bannon will be a case of the real push back coming in 2023, in relation to the planning of January 6 attack on the Capital. We shall see.

Wikipedia: Steve Bannon

Stay tuned,

David Lord

Why was Jeffrey Clark’s home searched?

by Dave

For those who follow the January 6 hearing, Jeffrey Clark’s name is now very familiar. He was the relatively obscure DOJ environmental attorney that Trump wanted to install as Attorney General to perpetuate the “big lie” on election fraud.

It is unknow why his home was searched, or items like his cell phone, and computer seized. But, I am starting to get my suspicions based on what I’ve heard in the January 6 hearings in the House.

The Committee has decided to take a pause, as it has stated that they have received new information that will take time to review. Hearing will resume in July.

Reference: Jan 6 hearings (official record) NPR’s summary of Friday’s hearing

First, this search was done with a legal search warrant. Searches are often done early in the morning because they want to come in when the person is home and as soon as possible. The element of surprise is critical.

My suspicions are that Trump attempted to buy Jeffrey Clark’s loyalty by suggesting he could work for the Trump organization in some manner after Biden was sworn in. Jeffrey Clark would have to first have to set up a special counsel to investigate election fraud in the 2020 election, and send out a memo to all of the swing states, stating that they had discovered election fraud. To win Trump’s favor, he might also have inform VP Pence that the DOJ supported the “John Eastman” radical theory that the VP had sole discretion in counting the ballets. (see note below)

Jeffrey Clark did get subpoenaed by the House committee, and he appeared and plead the Fifth over 100 times. )The Fifth amendment to the Constitution gives people the right to refuse to answer questions that may be incriminating.

Big somehow, Trump and the campaign lawyers knew that Jeffrey Clark was their man inside the DOJ. How did that happen? It’s already on record that Clark violated Department policy by going to White House meetings without permission from his supervisors. I think for a search warrant at this stage, there was evidence of a more serious criminal action.

Trump had already talked to Attorney Sidney Powell about being special counsel for election fraud. In this ways, the “big lie” of an rigged election, and Biden as an illegitimate president could perpetuated beyond January 20. Money would continue to pour in to his SPAC, using the “Stop the Steal” theme to pay Trump’s legal expenses.

Note, these are marketing themes, “Promises made, Promises kept”, “Drain the Swamp”. “Lock her up” and of course “Hang Mike Pence.”

The Justice Department is not revealing anything about the search warrant. It could be for something occurring after his time in the Justice Department or related to his area of expertise – environmental law. DOJ isn’t going to be saying anything until they have an indictment.

If the search identifies anything that supports criminal charges against Jeffrey Clark, he will likely blame others, including Donald Trump. His excuse will be “blind loyalty” to number 45.

Stay tuned,

Dave

John Eastman’s radical theory on elections:

Eastman found ambiguity in the procedure for counting the Electoral College votes outlined in the 12th Amendment to the U.S. Constitution. Specifically, Eastman pointed to the phrase: “… and the votes shall then be counted.” He saw the fact that phrase was written in the passive voice as meaning that the vice president would have sole authority on which votes to count. Congress, in 1877, had passed a more specific law dictating how Electoral College votes would be counted, specifically how to settle disputes. But Eastman was among a set of scholars who saw that law as being unconstitutional.

I’m not exactly certain who this “set of scholars” are, but one can find a lawyer to advance almost any proposition in court, if one pays their bill.

Fight for Trump’s documents: End game.

by Dave

On December 9, Donald Trump lost his case in the Circuit Court of Washington DC to bar the transfer of documents held in the National Archives from being handed over to the House Select Committee investigating the January 6 siege of the Capital.

The end game depends on mid-term election in 2022.

Donald Trump will ask the Supreme Court to review the decision. He has been given 14 days to do this. He will wait until the last minute on December 23 to petition the Supreme Court.

Now, my prediction. How will all this end? In late January, 2022, the Supreme Court will decline to hear this case. The National Archive will comply with the subpoena. The legitimacy of the Committee and their efforts to obtain the necessary testimony and documents will be upheld.

The court said Trump failed to demonstrate the harm that would be caused by releasing the documents to the Committee. The harm is not to the country, but to Trump. It will show the extreme measures Trump will go to in order to promote himself. “Stop the steal” attack on the Capitol resulted in injuries and deaths to people doing their job.

Republicans are hoping to regain the majority in the House in the mid-term election, and then they will disband the January 6 investigation. The only way to prevent this, is to vote in Democratic representatives of Congress. The Jan 6 committee must be allowed to complete their work.

Stay tuned,

Dave

Links:

CNN: Appeals court rejects Trump’s bid to keep January 6 documents from House committee

Impeachment II

by Dave

There is no lack of opinions on this topic. I’ll be brief. I am against the second impeachment. The Senate will not get the 66 votes needed, so acquittal is inevitable. Can they strip Donald Trump of his right to run again? A number of constitutional scholars have said no.

So, the “can” part is shaky. The question of whether Trump’s actions merit impeachment, I contend, is also very weak. To encourage people to fight for what they believe in, is not the same as to incite a riot. Trump did not tell the people to go to the Capital and break in. He said to his followers that he knew they had plans to march on the Capital. He said a lot of things in support of their protest of the election results. It makes no difference if it was the truth or lies. You can not convict an elected official because they lie, particularly in off-hand comments to a group of protesters. And absolutely you can not convict an elected official for supporting a protest rally, which is exactly how this began.

Further, more evidence is coming to light that the break-in of Congress was in many ways planned in advanced. The organizers brought rope, and ladders to break-in. No one will be able to show Trump caused the attack on the Capital to occur. His defenders will point clearly to two sentences in his tirade in front of protesters on January 6:

“I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard. Today we will see whether Republicans stand strong for integrity of our elections, but whether or not they stand strong for our country, our country. “

Trump message was very simple – that he won the election honestly, and the Democrats rigged the election to show that he lost it. That was his narrative. The villains of the day included Mike Pence who he wanted to act in an illegal manner to refuse certification. Rudy Giuliani probably was more guilty than Trump of inciting violence, but I think he’s got a number of legal problems going forward.

I felt the House should have passed a motion of censure, which they could have gained the support of many Republicans. Trump’s speech on January 6 did encourage violence, and censure would have been appropriate.

It is what it is, my good friend says. Get ready for a lot of speeches in February, calling the impeachment unconstitutional and defending Trump and his right to free speech. Legal experts will testify that Trump can’t be impeached, and this whole Senate trial is a sham. And they will focus on one word he said on January 6 “peacefully” as proof that the impeachment is without merit.

Stay tuned,

Dave

There are so many links on the internet, including the transcript of Trump’s Jan 6 speech to the protesters. I use the word protesters or Trump’s supporters so I don’t characterize everyone assembled in front of the White House as participating in the attack on the Capital.

Texas Election Lawsuit Filing

by Dave

As I was preparing this blog, the Supreme Court denied the case based on standing. It simply says that Texas can not sue other states for the way they conduct their elections. So, it is much to do about nothing, as have all the other cases on election fraud, filed and dismissed in the past four weeks. Before a claim can be made in the Supreme Court, it must be established that the court is the right place to resolve a dispute.

The only question, I have, is whether Ken Paxton will win a pardon from Donald Trump. Paxton has not been convicted of any crimes, but is currently under federal investigation for allegedly using his office to illegally benefit a wealthy donor. Members of Paxton’s staff made the allegations and called for a probe of their now-former boss. He is been under indictment for felony securities fraud. A pardon will not apply to state charges. Is a lawsuit that lasts 5 days, and is thrown out, with 5 sentences, be enough?

The US Supreme Court is composed of nine justices who have lifelong appointments. This is such a blessing, passed down from our founders, and rooted in our constitution, designed specifically to keep the justices independent from the politics of the time and solely focused on the application of law.

Stay tuned,

Dave

Links:

As FBI moves closer, Texas’ Paxton Denies He is Fishing for a Pardon

The responses are blistering (CNN words) from the reply briefs:

Pennsylvania:

“Let us be clear. Texas invites this court to overthrow the votes of the American people and choose the next President”

Wisconsin:

“Texas proposes an extraordinary intrusion into Wisconsin’s and the other defendant states’ elections, a task that the Constitution leaves to each state, … Wisconsin has conducted its election and its voters have chosen a winning candidate for their state. Texas’s bid to nullify that choice is devoid of a legal foundation or a factual basis.”

Georgia:

“’None are more conscious of the vital limits on judicial authority than are the members of this Court,
and none stand more in admiration of the Constitution’s design to leave the selection of the
President to the people, through their legislatures, and to the political sphere.’ quoting from Bush vs Gore.”

Transition begins

by Dave

I said the transition to the Biden administration would begin sometime between November 25 to December 1, 2020. It started yesterday, November 23, 2020. What was holding up the transition was Trump’s lawsuits in key states. Losing his lawsuit in Pennsylvania and certification in Michigan were critical to the General Services Administration’ consent to begin the transition.

My predictions going forward: The recount in Georgia will confirm that the last two recounts were right, Joe Biden won the election. Similarly, nothing will change in the partial recount in Wisconsin, except the Trump leadership PAC will pay 3 million dollars.

“The President can sue a ham sandwich, he can send a thousand lawyers to Pennsylvania, but it’s not going to change the basic fact of the matter.”

John Fetterman, PA’s lieutenant governor, responding to a question on the lawsuit to stop counting later arriving ballots, Nov 6.

I am hoping we are seeing a wind down of frivolous lawsuits from Trump. In Pennsylvania, Trump’s legal team appealed Judge Brann’s scathing dismissal. They are not looking for a reversal, but instead claim Judge Brann erred in ignoring the second amended lawsuit. My prediction here, is the court will let stand Brann’s opinion very quickly.

Judge Brann’s called Trump’s PA case “Frankenstein’s monster. ” Dr. Frankenstein, in bringing a corpse to life again, had to patch together various body parts in such a way that his monster could barely walk.

I am on Trump’s emailing list, and receive about 15 emails a day (all go to my spam folder) claiming how they need funds to protect election integrity and prove to the courts, that the election of Joe Biden was rigged. This is a lie. Now the fine print. “Save America” PAC is set up as a “Leadership PAC”, there’s nothing stopping Trump from having fundraisers, say at the Trump Doral Golf Resort and enriching himself, the Trump organization and anyone employed by the PAC. High paying jobs for Donald, Jr, his girlfriend, Eric, Ivanka, Lara, Jared, and the rest of the gang. Save America, Save Doral Golf Resorts, Golf Club West Palm Beach, National Golf Resort, Sterling, VA, Trump’s Jupiter Golf Resorts.

Yes, Save America is to put Trump and his organization and their needs ($$$) above the Republican Party. Save Trump and his billions (soon to be millions after the IRS audit) and his resorts.

Yes, this is Trumpism! On top of every other problem, real or imagined, we have this enormously huge conspiracy against America, that somehow alluded the FBI, the CISA and some 30 courts around the country – Election rigging by evil Democrats, and Rino (Republicans in name only).

Rinos are those that still cling to old Republican ideals of balancing the budget and maintaining a strong defense. Now totally outdated by saturating social media with slogans, like Save America. A massive coordinated and evil conspiracy to steal the election is the only way that Donald Trump could have lost.

Let’s forget this post election Trump sideshow. Trump has already kicked out of his administration anyone with an ounce of integrity, with the latest victim being Chris Krebs. Amazingly, the DHS has not disabled the “Rumor vs Reality” webpage. Unfortunately, I believe Trump supporters and of course the president, reject reality and embrace the rumors. Reality vs Rumors. This is how we save America, or the Republican Party, by being the most gullible and misinformed party in existence.

Joe Biden will be inaugurated on January 20, 2021. We have failed miserably in containing Covid-19. The real challenge is an incredibly difficult one, and that is to restore confidence in government and our institutions, such as the CDC, FDA and the National Institute of Allergy and Infectious Diseases. It is desperately needed now, as we need all Americans to get vaccinated.

When the vaccine is available where I live, I will be first in line. Every time someone is not vaccinated, they likely will spread it to others before it is discovered. Take a good look at the people you associate with or just pass by, acquaintances and loved ones. You can be part of the chain in spreading the disease because you don’t know you have it at first.

Stay tuned,

Dave

Trump tells his donors they’re paying for recounts. They aren’t.

Pennsylvania counties certify election results despite isolated pushback from Trump allies

How many times has President Donald Trump played golf while in office?

Getting rid of Trump

by Dave

Joe Biden won the election with 306 electoral votes. Donald Trump is obstructing the normal transition in every way possible. This has never been done before.

Either its obstruction or apathy, but never the cooperation needed to transition to a Biden administration. As the virtual G20 meeting discussed the Covid-19 pandemic, Trump went golfing. See link below.

Trump isn’t leaving Biden much to help with Covid-19 crisis. The reason why there aren’t more bankruptcies is because the Fed has been propping up the economy with loan programs with the Treasury’s blessing. Unfortunately, the cooperation between Jay Powell, chairman of the Federal Reserves Committee and Treasury Secretary Steven Mnuchin, has broken down, in terms of renewal of emergency funds to help keep the economy going. By any measure, new cases, hospitalizations and deaths, the Covid-19 pandemic is far worse today than at any time since it first began.

Yes – the handoff to Biden in January 2020 will come stripped of what was working. Call it Trump’s revenge. Worldwide, we just hit a new high of 11,000 people dying of Covid-19, and the president goes golfing and the Treasury Secretary restricts the Feds ability to keep our economy from collapsing.

There are limits to what Trump can do. Washington stays intact despite a vengeful president. To start the transition process, the Administrator of the GSA, Emily Murphy has to be satisfied that Joe Biden has at least 270 electoral votes to be the apparent winner of the election. I predict this will occur sometime between November 25 and December 1. The certification of all key states will be done by December 1. Georgia was certified on November 20. Michigan and Pennsylvania certify on Monday, November 23, then Nevada on Tuesday, November 24. The last two, Arizona and Wisconsin are November 30 and December 1, 2020, respectively.

A partial recount is taking place in Wisconsin in a few districts which voted heavily for Biden. It was done at Trump’s request. He’s is paying 3 million dollars to have it done with his observers in attendance. But these observers are breaking the rules, objecting to every ballot for no reason, removing their mask, sitting in chairs reserved for other parties and even picking fights. More fodder for pointless lawsuits, I’m certain. See links below.

Georgia completed its recount/audit which showed Biden won by 12,670 votes, not the around 14,000 votes. Georgia was vote was certified by the Georgia’s governor, so I would say Biden is the apparent winner of Georgia. Next Tuesday, Trump can request another recount, which will be done by high speed scanners.

On Nov 21, Trump lost his lawsuit in Pennsylvania. Judge Brann delivered a scathing rebuke to the his lawsuit for an injunction, in which the Judge said, in essence, “You have got to be kidding” by blocking certification and disenfranchising 7 million voters in Pennsylvania, so just possibly, the legislature could override the electorate. This was to be based on what some observers thought were possible violations of rules.

Lawsuits like these are paid for by citizens, who still are having trouble believing Trump lost fair and square. Trump has now either withdrawn or lost 30 lawsuits. A lawsuit is withdrawn when it is so obvious that it has no chance of succeeding, because it’s filled with duplicate claims that were already denied for lack of evidence.

If our voting machines or voter registration had been hacked or in anyway compromised, you would want the CISA (Cybersecurity and Infrastructure Agency), part of Homeland Security to back up the accusations. Christopher Krebs was appointed as the CISA Director in 2017 by Trump until he was fired on November 17, 2020 for disagreeing with Trump on massive fraud in the elections. Note that the fraud only occurred in states Trump lost by very narrow margins.

Groups which talk about counting all legal votes and election integrity, really want neither. They are looking for someway to overturn our elections, or at least discredit the 2020 election process in anyway they can. The intelligence community warned us that bad actors from Iran, China, North Korea and Russia could spread misinformation on the integrity of our electoral process, to discredit our democracy. They left out the president of the United States.

Despite all the noise and nonsense in the courts, I am hoping Administrator of the GSA will sign the appropriate document this week, as the states certify election results.

Bottom line this is the worse transition in our election history. I hope I never see this again in my lifetime.

Stay tuned,

Dave

Links:

Pro-Trump ‘voter integrity’ group that is calling Pennsylvania voters has ties to White House

Wisconsin officials: Trump observers obstructing recount

Trump fires director of Homeland Security agency who had rejected President’s election conspiracy theories

Coronavirus Cases:

Yahoo Finance: Treasury’s Mnuchin declines to extend 5 pandemic programs

Trump skipped a coronavirus meeting with G20 leaders to play golf

Trump endgame

by Dave

Trump lost the election. Somehow, conceding and wishing the winner well, is definitely not in his game plan. There is no obligation to concede. He’s busy raising money for the “Trump Defense Fund.” I don’t know if he can use the money raised to defend himself and others, when they go after him for tax fraud in New York.

Donald Trump will leave the White House on January 20, 2021. The great egomaniac president time is up. Republicans will show him the door. He hit rock bottom on Friday, with the Giuliani press conference.

The next phase of the egotistical president will be a mix of sleaze politics and television, not hotels, golf courses or casinos. It will be sleaze politics for sure, because sleaze sells. Facts are boring and unimaginative.

He’s the ultimate showman and marketer. He wants to go back to the Apprentice days, because the Apprentice made money. The key to the next phase will be the television networks with really zero scruples – namely One American News Network and NewsMax. He will be more than willing to partner up with them, continuing the narrative of how the Democrats are destroying America.

He knows the themes. It’s the Dems, communists and radicals. They are taking over the country. They spied on his campaign in 2016, punished him with the fake investigations, and ultimately stole the election.

He’s formed a Political Action Committee (PAC). That’s where the cash will come from to continue to market Donald Trump, who fell victim to diabolic forces controlled by the Democrats. It will keep him in the game.

I feel author Michael D’Antonio, who has written two books on Trump, really nailed it on Trump’s next moves. The PAC is incredibly important to promoting Trumpism. The sleaze networks look at Trump as something still very marketable. Republicans in Congress will still cling to him as they rally against the Biden presidency.

The slogans and themes he will promote are very familiar. It’s all about the Dems, socialism and total government control. The Dems will take away your guns, make friends with our Muslim enemies and radicals, destroy our schools, open our borders to Mexico, let in drug dealers and rapists and waste trillion of dollars on the New Green Deal. Take your pick.

Trump wants admiration. He wants his rallies and people around him who will make him look good. He wants to keep contacts which will keep the Trump organization growing. However, there will not be any more real development. Trump will sign branding deals, so his name can be on buildings and help with marketing efforts outside of the US. Look for a Trump tower or resort in Saudi Arabia, or United Arab Emirates soon. He knows there will be more court battles over his taxes. He will of course, consider this as an attack by the Democrats.

He prefers the counter offensive to the normal defense of his actions. So, Save America, will coincide with hate corrupt Democrats who stole the election. It was the corrupt, disgraceful, despicable state officials who rigged the election and nobody stood up to them except Rudy and his legal team. The courts just ignored mountains of evidence and were too timid to take action.

This is Trumpism.

Stay tuned,

Dave

Links:

Trump camp fundraises off Giuliani press conference

What’s next for the Trump show?

Election Recounts – Deal or No Deal!

by Dave

If Trump wants a recount in Wisconsin, he’s got to pay 7.9 million dollars for it. If the recount shows he won, the state has to refund the money. Biden leads in Wisconsin by 20,470 votes. Deadline to request a recount is tomorrow, Dec 18.

In 2016, Jill Stein requested a recount in Wisconsin. As a result, Clinton gained 713 votes, Trump gained 844 and so Trump ended up ahead by 131 votes. Whoopie doo!

If the recount doesn’t cost 7.9 million dollars, Wisconsin gives Trump a partial refund.

Nevada has the same deal for Trump. I don’t know the deadlines or the cost of a recount. In 2016, Jill Stein requested a partial recount, and it ended in a net gain of 3 votes for Trump.

Deal or No Deal? If Trump goes for the recounts, the only thing that will come out of it is the count is off, perhaps a couple hundred votes. It will further legitimize the initial count of votes.

Deal or no deal. We shall see.

Stay tuned,

Dave

Misinform/obstruct or Concede

by Dave

Since Trump lost the 2020 election, he will have earned the reputation of a president who puts himself and partisan politics above what is good for the country. This is the way he began his term and it will end even worse.

“Have lawyers, will sue” is what our president does instead of concede. It’s consistent with his BS on fraudulent ballots. Of course, it is getting tiresome. “The president avoided speaking to reporters but kept up his tweeting, claiming “a mountain of corruption & dishonesty” in the US election, despite lacking evidence.” Reporting from Al-Jazeera.

Court cases are being dismissed quickly, score now is 16 dismissals to zero wins. Almost zero. The Trump observers were allowed to stand six feet away from the election workers in Philadelphia. Of course, what they want is to stop the counting. The counts in Pennsylvania add to Biden’s lead. There is at least one court case that was dismissed within hours of being heard.

It is the opposite of what happened in Al Gore’s case in year 2000. He wanted the counting (or really the recounting) to continue in select counties in Florida despite legal deadlines. The Supreme Court decision is complicated, but its effect was to end the recount. The difference in votes in Gore’s case was 537 out of 6 million votes cast.

At this point, Trump must win Pennsylvania to make the case he could win the election. In PA, Biden is ahead by 56,000 votes. Biden’s lead is well over 0.5%, so there will be no recount. I am hoping we get the projected results from Arizona and Nevada by next week. That will establish Biden wins even without PA.

Trump is doing what Russian agents and trolls have been trying to do for years, to sow mistrust among our citizens of our democratic system and institutions. This is exactly what the Director of National Intelligence warned about. They have seen Russia active in other countries as well.

“In September, U.S. intelligence officials warned that because of the pandemic, it might take a few days for the results of the presidential election to emerge—and that foreign adversaries might exploit the delay to spread false information intended to undermine confidence in the vote.”

Please see link below from NBC News:

The Russians have no need to spread misinformation. Trump and his allies are doing it for them
“Nothing that Russia or Iran or China could say is anywhere near as wild as what the president is saying,” said a former FBI agent who tracks foreign disinformation.

It is time for Trump to concede. I wish the Republicans can convince him that the time has come.

Stay tuned,

Dave

“Have gun, will travel”

Links:

Bob Dole was funny, John McCain was sincere: Here’s how presidential candidates have conceded over the years

California Congressman Ted Lieu calls Trump election lawsuits ‘meaningless’

Where Election 2020 stands?

by Dave

Newton could explain this: “For every action, there is an equal and opposite reaction” in Newton’s third law. Things can look like they are at a standstill, because the forces are in balance. Lawsuits backed by evidence opens doors to the courts. Lawsuits presented without evidence closes doors.

In four states where Trump lost, lawsuits have been filed and quickly dismissed. Michigan, Pennsylvania, Georgia and Nevada. Doors are closing because evidence good enough for Twitter, doesn’t come close to what is needed in court.

Trump’s baseless claims in Nevada

The vote count is continuing and this is not helpful to Trump’s case. Biden’s margin in Pennsylvania is above the 0.5% so there is no automatic recount.

You get a judge to hear a case because there is something to be presented that shows violations of the rules and could make a difference in the case. The “there” isn’t there.

It was in year 2000 (for those of us that remembers year 2000) when all that separated candidates Bush and Gore was 700 votes and lawyers could show up in court with the punch card ballots in hand, showing ballots that should have been counted. The case was resolved in favor of Bush.

Twenty years ago, candidate Al Gore gave a concession speech which is a model today, of the real choices candidates have between patriotism and partisanship.

Al Gore’s Concession Speech

I have to give the President George HW Bush the top award, with the best concession speech, “Thank you, thank you, thank you” and he then puts up his hands and says, “Hey folks we’ve got to get going” – from humility comes strength. And he begins with the fact that he had just called Clinton to congratulate him on becoming president.

A dozen more are on Youtube. Larry Sabato (University of Virginia, Center for Politic) provides a few clips of 3 presidents who lost re-election (Ford, Carter and HW Bush):

Sabato’s Crystal Ball America Votes 2020 – Episode 13

Stay tuned,

Dave