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Posts Made By: James Brown

March 7, 2024 05:20 PM Forum: Politics

SCOTUS & The Trump Immunity Case

Posted By James Brown

Originally Posted by Rod Kaufman
SCOTUS had been set to hear the Trump immunity case on April 23rd but Jack Smith did request it be expedited, so, for good measure, they delayed it until April 25th.

Given how the question before the court has been worded, which is how the Trump lawyers have framed it, there's a good chance it may be decided in Trump's favor:

"Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

"The court has formulated an overly broad question to be answered in the appeal, rather than the straightforward one: whether Trump is absolutely immune from prosecution for the crimes alleged in the indictment obtained by special counsel Jack Smith."

"Smith did not frame the issue as involving official acts in his Supreme Court filings, but rather asked the court to decide “whether a former president is absolutely immune from federal prosecution for crimes committed while in office.”

"Trump’s lawyers have sought to define his conduct as official acts undertaken while president. The Supreme Court’s order now also incorporates that qualifier."

"Given that, the Supreme Court could answer what Tribe described as a “sweeping” and “abstract” question with a more convoluted answer: There can be immunity in some circumstances for official acts, but not for others. This sort of answer would allow the court to sidestep its responsibility to decide the practical issue of whether Trump must stand trial in this specific instance. As Tribe warned, the court could instead “decide this broad legal question and send the case back to the D.C. Circuit.”

"In that scenario, the court would return the appeal to a lower court to apply its ruling to the facts of the indictment against Trump. That delay would be the final, fatal blow to the government’s effort in D.C. to hold Trump accountable in a jury trial before November’s election."


https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-wrong-question-trump-immunity-case-rcna141509

Gee, I wonder how the court is going to rule...
I have no idea, but the process you and Tribe are describing is normal, complicated, and extremely thorough!

March 11, 2024 05:45 PM Forum: Politics

Trump's War On Vaccinations

Posted By James Brown

Originally Posted by Rod Kaufman
"Public health advocates are watching in growing alarm as former President Trump increasingly embraces the anti-vaccine movement."  

“I will not give one penny to any school that has a vaccine mandate or a mask mandate,” Trump said in a recent campaign rally in Richmond, Va.


"Every state and the District of Columbia requires children to get vaccinated against certain diseases before they start school, including measles, mumps, polio, tetanus, whooping cough and chickenpox. A plan to withhold federal funding would have widespread impact."


"Experts say the politicization of vaccines has led to an increase in hesitancy and is sparking more outbreaks of preventable diseases like measles."  

"There have been measles outbreaks in 15 states this year, most recently in Florida, where state Surgeon General Joseph Ladapo did not recommend parents vaccinate their children or keep unvaccinated students home from school as a precaution."  
"Instead, he sent a letter to parents advising them to make their own decisions about school attendance."

"Ladapo told people not to get the most recent shot and has drawn sharp rebukes from the medical community — as well as federal health agencies — for claims that the shots alter human DNA, can potentially cause cancer, and are generally unsafe."  
"Georges Benjamin, executive director of the American Public Health Association, said he worries that Trump is signaling he will empower more people like Ladapo if he wins reelection."

https://thehill.com/policy/healthcare/4517350-trump-vaccine-rhetoric-public-health/
I remember when stupid lefties like that playboy bunny and Kennedy were the anti-vax ringleaders.   It is horrific that the Republicans chose to steal this "issue."

March 11, 2024 06:02 PM Forum: Politics

Jimmy Kimmel live at the Oscars deals with a heckler

Posted By James Brown

Originally Posted by Rod Kaufman

" How many times does Trump have to show these people who he is before they get it?"

Well,  this guy didn't get it so he's going to jail on Tuesday March 19th:


https://thehill.com/regulation/court-battles/4523581-peter-navarro-ordered-to-prison/

The obnoxious prick of a person should have gotten more.
At least he'll do the time before Trump can pardon him if and when he's re-elected...
I read the Hill's commentary on Navarro.  No problem there.  Even a broken clock is right twice a day.   

Then I clicked through to their analysis of the Supreme Court's recent decision.  It is laughable in its bias and breathtaking in its dishonesty.  I despair for the country when well meaning people get their news from a source like "the Hill."  Rod, in my opinion, you need to find a new source if you want to maintain credibility.

Here is a horrifically dishonest quote with my highlighting:

"In their unanimous decision, the nine justices ruled that states don’t have the authority to keep candidates for federal office off their election ballots based on the Insurrection Clause. But five of the six conservative justices went further — they decided not only to make new law, but to rewrite the Constitution. They ruled that a person cannot be disqualified from office by the 14th Amendment unless Congress passes legislation saying so.

It was a radical decision by a supposedly originalist court, designed solely to shield the former president from the Constitution’s sanction against “oathbreaking insurrectionists.” The justices are fully aware that Republicans in the current Congress would never approve such a bill."  https://thehill.com/opinion/judiciary/4520065-another-fine-mess-from-the-us-supreme-court/

"Radical decision" my ass.  "Rewrite the Constitution?"  "Make new law?"  Hardly!  This so-called opinion is just a shameful bald-faced lie.   Consider for a moment the quotes I've highlighted above in view of the actual text of the entirety of the 5th Section of the 14th Amendment:  "Section 5.  The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Anyone who quotes a ridiculously biased source like the Hill diminishes him or herself.  It is no small wonder that the press is reviled in this day and age.

Jim

March 11, 2024 09:13 PM Forum: Politics

Jimmy Kimmel live at the Oscars deals with a heckler

Posted By James Brown

Originally Posted by Rod Kaufman

BTW, Jim, if you didn't like that legal opinion, you'll probably "love" this one too!

"In fact, it may be that only a minority of the justices favored hearing the case, with a majority voting to let stand the lower court’s denial of immunity. Justice Clarence Thomas, despite a glaring conflict of interest, might even have cast the deciding vote."

https://thehill.com/opinion/judiciary/4522668-which-supreme-court-justices-threw-trump-the-immunity-lifeline/
I'm still trying to process your comment that the Hill publishes conservative opinions too.ermm

I am not sure why you and all the lefties out there think that the Supreme Court threw Trump a lifeline.  In my view, they are doing their job and most importantly assuring due process for the accused. 

It is pretty clear that you and Jack Smith want to convict Trump before the election by any means, and are willing to deny him due process to achieve that goal.   As you know, it is unethical to bring or time charges to affect the outcome of an election.   Smith will never admit this of course, but it is the only conclusion one can draw from the refrain you favor of "justice delayed is justice denied."  

Also, Trump's due process rights vastly outweigh any public interest in a trial before the election.  Ask yourself honestly if you would care when the trial was going to happen if Trump were not running for president?   

Last, a cautionary tale.  Smith obtained a conviction in the Gov. Robert McDonnell case, only to have it overturned by a unanimous Supreme Court, including RBG, on appeal.   There is no doubt Smith wins at trial against Trump in DC.  Guess how many primary votes Trump got in DC?  About 700 and some.  As many on the left have gloated, that is a tough jury pool!   We will have no idea if Trump wins or loses until the appeals are over, which will take years. 

I hate Trump a lot.   I doubt I hate him as much as you do, but my personal feelings do not blind me to justice.   Under the circumstances, I am very pleased the Supreme Court is assuring some semblance of due process for the accused.   

Jim

March 12, 2024 12:50 AM Forum: Politics

Jimmy Kimmel live at the Oscars deals with a heckler

Posted By James Brown

Originally Posted by Jim Moscheck

But if the "accused" somehow ends up winning the election, what then? Shouldn't we believe what Trump has already told us he is going to do if elected?
1.  Don't vote for Trump.
2.  Try to convince your friends and family not to vote for Trump.
3.  Support Biden with time, effort, and money.
4.  If you are so inclined, pray that Trump is not elected.   

That is what I am going to do, except for 3.  I am pretty sure Biden carries Colorado whether or not I get involved.  But I will not support a rush to judgement in a criminal proceeding just to eliminate the outside chance that Trump is elected.  Neither should you.  The due process rights of the criminally accused are a cornerstone of liberty.   Jim

March 12, 2024 12:57 AM Forum: Politics

Jimmy Kimmel live at the Oscars deals with a heckler

Posted By James Brown

Originally Posted by Rod Kaufman

Due Process?!
Trump has filed more frivolous appeals than you can shake a stick at, including another today in the New York case that had already been previously rejected, and you scream due process? And Jack Smith had a case overturned? And that doesn't happen from time to time? Does that means he shouldn't have the case heard, particularly when there's a strong public interest to know? 
Well, don't worry, the way the question has been framed by some con on SCOTUS in the immunity case, it essentially drives the outcome on the decision. So, how's that for "due process?...
The Supreme Court does not hear frivolous appeals, so by definition you are wrong.   Yes, there is a strong public interest in "knowing."  Three comments though:

1.  Most voters "know" enough about Jan 6 and Trump's malfeasances to make up their minds now.

1A.  If Trump wins Michigan or Minnesota or maybe other key swing states it is not because Smith's trial was delayed.  It is because the far left is pissed at Biden for supporting Israel (so far).  Hence Biden's attempt to pivot, his bad mouthing Bibi with the fake "hot mike" and the like.  I am not pleased that the US is posturing in this manner at all, but I am not a voter in Michigan and I understand that Biden will do whatever it takes to win the swing states.   I can appreciate hardball politics.  I am hopeful Bibi ignores the pressure.

2.  We won't know whether Trump is actually guilty of a crime until after he has exhausted his appeals, and that is not going to happen until long after the election.   There is a very good reason that it is unethical to time a prosecution to affect the outcome of an election.  If HRC had been prosecuted right before the election you would have cried bloody murder and you would have been right. 

3.  Jack Smith is legendarily aggressive.  He takes cases other prosecutors will not because of the risk of losing or being overturned.  That is fine, but he would not have been my choice for special counsel if I had been AG.

Jim

March 12, 2024 12:59 AM Forum: Politics

Jimmy Kimmel live at the Oscars deals with a heckler

Posted By James Brown

Originally Posted by Rod Kaufman

Due Process?!
Trump has filed more frivolous appeals than you can shake a stick at, including another today in the New York case that had already been previously rejected, and you scream due process? And Jack Smith had a case overturned? And that doesn't happen from time to time? Does that means he shouldn't have the case heard, particularly when there's a strong public interest to know? 
Well, don't worry, the way the question has been framed by some con on SCOTUS in the immunity case, it essentially drives the outcome on the decision. So, how's that for "due process?...
By the way, unless I am mistaken, the litigants "frame" the question on appeal.  Could be that Trump's lawyers won that round over Smith, but Smith certainly had his arguments on the framing of the question heard.

March 12, 2024 03:38 PM Forum: Politics

Jimmy Kimmel live at the Oscars deals with a heckler

Posted By James Brown

Originally Posted by Rod Kaufman

"The Supreme Court does not hear frivolous appeals, so by definition you are wrong. "

I was referring to the hush money case today in New York wherein Trump's lawyers appealed for a delay when the period for any such motions ended last month.
So, even though the judge is questioning why Trump's lawyers failed to do so, he's still considering this appeal and has asked the prosecutor's office for a response by Wednesday. I'd say that Trump had the opportunity to have his due process, failed to request it by not filing the appeal when he should and now may even be granted it anyway but we will have to wait and see. 
How's that for "due process"? It seems he's getting more than his fair share of it and seemingly more than the average Joe would get...
Oh - my bad.   Hopefully the judge will deny the late filed motion.  Judges do bend over backward for criminal defendant's rich or poor all the time.  It is an important feature of our criminal justice system.

March 14, 2024 09:32 PM Forum: Politics

What are your eclipse plans?

Posted By James Brown

Originally Posted by David Cotterell
I am going to my friend's observatory near Pontotoc Texas.  Arriving 6th and leaving about the 12th.  So, in addition to the eclipse, there will be 6 nights of dark-sky observing fun.  Our good friend Alan, from Australia, will be joining us for some of that period. 

One thing that is worrisome would be IF it is cloudy where we are but clear somewhere else in the state that we would simply not be able to drive anywhere due to the sheer number of folks trying to do the exact same thing.  Estimates say that upwards of 1 000 000 non-residents will flood into the Texas portion of the path.  Add to that the 5 million in DFW, a couple million more in Austin and SanAntonio and another few million Texans within 6hours of the path....  It might be that many will be stranded where they are and have to miss the event...

So what are y'all doing for the eclipse?

Dave
Hi David:

Ms. Brown and I toyed with the idea of Mazatlán, or the Texas hill country since that is the best chance for clear skies.   Still, the weather in April is pretty dicey everywhere in the states.  A consideration for us is that my mom is turning 90 within a couple weeks of the eclipse (tomorrow).  So, on eclipse day, we are visiting mom and dad in Southern Indiana.  They have 56 acres of forested land pretty close to the centerline (3 minutes and 57s totality), and the sun will be clearly visible over their pond at totality, weather permitting.  We checked the view lines out the last time we visited.  This is obviously the last (only) chance mom and dad will have to see a total eclipse and we wanted to visit for her 90th anyway, so hopefully the fates will smile on us with clear skies over the old homestead.

Also, that evening, with any luck at all, we will get to watch Purdue win the Men's NCAA basketball Championship.   That would really tickle dad and thrill me!   Should be a great day!  

Last, don't forget that you are all invited to my mountain observatory in Colorado for the total eclipse of August 12, 2045.  We are right off the centerline and have bedrooms and tons of camping space.  5 Minutes and 11 seconds of totality, and August has great clear skies most of the time!  As I mentioned a couple years ago, Richard's attendance is mandatory, assuming he mellows a bit with age!   Jim

March 14, 2024 09:38 PM Forum: Politics

What are your eclipse plans?

Posted By James Brown

Originally Posted by Darian Rachal
I'm heading over to my son's in Temple Texas, bringing my 4" refractor. The grandchildren will be out of school on eclipse day. I was down in LaPaz in '91 and out in west Texas a few years later for a nice annular, so I'm hoping for a good day.🙂
Hi Darian - good to see you here!  Jim