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Colorado court finds that trump is an insurrectionist Login/Join 
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posted Hide Post
quote:
Originally posted by jeffeosso:
this is one of the DUMBEST things Trump had ever argued -

Here's the text of the POTUS oath

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:— "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."


The slim reed they are clinging to is the wording of the pertinent Section of the 14th Amendment:

quote:
Section 3
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.


Since, unlike the Oath everybody else takes the Presidential Oath doesn't contain the word "support" Trump claims the Amendment doesn't apply to him.


"If you’re innocent why are you taking the Fifth Amendment?”- Donald Trump
 
Posts: 11022 | Location: Tennessee | Registered: 09 December 2007Reply With Quote
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posted Hide Post
"Abide", "support", "Best of my ability to preserve, protect and defend the Constitution" ---

What's the distinction to be made there?

Seems to me that Trump, with support, is doing the best of his ability to do just the opposite of "preserve, protect and defend", and abide and support the Constitution.


*************
Real conservatives aren't radicalized. Thus "radicalized conservative" is an oxymoron. Yet there are many radicalized republicans.

"When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Per my far-right friend: "reality sucks"

D.J. Trump aka Trumpism's Founding Farter, aka Farter Martyr. Qualifications: flatulence - mental, oral and anal.



 
Posts: 21807 | Location: Depends on the Season | Registered: 17 February 2017Reply With Quote
One of Us
posted Hide Post
quote:
Originally posted by jeffeosso:
this is one of the DUMBEST things Trump had ever argued -

Here's the text of the POTUS oath

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:— "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."


Yep! Slo joe swore the same oath......and yet our border is wide open....


.
 
Posts: 42463 | Location: Crosby and Barksdale, Texas | Registered: 18 September 2006Reply With Quote
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posted Hide Post
quote:
Originally posted by JTEX:
quote:
Originally posted by jeffeosso:
this is one of the DUMBEST things Trump had ever argued -

Here's the text of the POTUS oath

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:— "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."


Yep! Slo joe swore the same oath......and yet our border is wide open....


.


Strange that apprehensions have gone WAY up under "Slo Joe"...

Link

Almost like the border isn't "wide open".


"If you’re innocent why are you taking the Fifth Amendment?”- Donald Trump
 
Posts: 11022 | Location: Tennessee | Registered: 09 December 2007Reply With Quote
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posted Hide Post
quote:
apprehensions


Funny that you use that word.

BTW, the link you posted has a pop-up requesting permission for cookies. I didn't click on it, but I think I know what it shows.

"Apprehensions" means arrests in your context..

But it has other meanings/definitions:

1. suspicion or fear especially of future evil : foreboding

2. the act or power of perceiving or comprehending something
the result of apprehending something mentally : conception

So, a deficiency in #2 will result in #1. That explains JTEX very well.

It also works the other way around. Acute, accurate perception, comprehension, based on facts and evidence is exactly why people like JTEX trigger #1 in rational people.

It's only logical. Smiler

That little mind puzzle to start the day is probably over JTEX's head.

He'll probably understand this: Every time I see one of his posts I think of it as a #1 dump in cyberspace, and there's plenty more where that came from.


*************
Real conservatives aren't radicalized. Thus "radicalized conservative" is an oxymoron. Yet there are many radicalized republicans.

"When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Per my far-right friend: "reality sucks"

D.J. Trump aka Trumpism's Founding Farter, aka Farter Martyr. Qualifications: flatulence - mental, oral and anal.



 
Posts: 21807 | Location: Depends on the Season | Registered: 17 February 2017Reply With Quote
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posted Hide Post
https://www.msn.com/en-us/news...9f2185f849b183&ei=15

'Treacherous criminal': Lawmaker slams Trump over claim of never taking oath to support Constitution
Story by Carl Gibson • 6h

https://www.msn.com/en-us/news...9f2185f849b183&ei=10

Nobody is coming to save us

https://www.msn.com/en-us/news...9f2185f849b183&ei=24

Trump, MAGA and the insidious underbelly of white supremacy in America


*************
Real conservatives aren't radicalized. Thus "radicalized conservative" is an oxymoron. Yet there are many radicalized republicans.

"When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Per my far-right friend: "reality sucks"

D.J. Trump aka Trumpism's Founding Farter, aka Farter Martyr. Qualifications: flatulence - mental, oral and anal.



 
Posts: 21807 | Location: Depends on the Season | Registered: 17 February 2017Reply With Quote
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posted Hide Post
Maybe the legal experts can opine…

If insurrection is a crime, it’s a federal crime. How can a state court judge find him guilty of a federal crime?

It would seem that if insurrection is part of the separate Colorado crime, one would think he would need to be adjudicated in federal court before the state issue could apply.

Due process.

I think there is enough to charge Trump with crimes… although insurrection seems a stretch.
 
Posts: 11200 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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posted Hide Post
Well, I do not see the Judge adjudicating President Trump guilty of the crime of insurrection. I am not sure that Congress has passed a Fed Act so defining, penalizing “insurrection” as a crime.

The Judge has opined that President Trump actions appear to fit the meaning of insurrection under the 14th Amendment.

That is a far cry from ruling he has committed a crime. In fact, we could go into all the reasons we know that has not happened.

The Judge even says do in the opinion stating it is for Congress to address.

The reason this matter has started out in state court is because it is a question of the Constitution applied to a state matter being election qualification in Colorado.

I can cite the controlling precedent, if anyone wishes that no body reads, but state remedies must be exhausted before the Federal Courts become open to these types of constitutional challenges. A major exception that has evolved from this since I graduated law school is this business of running to Fed Courts not to adjudicate the issues, but to enjoin the state court action while the matter works it way through the courts.

The sad state of affairs is President Trumps has made it necessary to codified the President’s oath, an oath o read as more onerous upon the taker than the oath taken by other Fed government officials, into the Federal Penal Code.

I do not believe absent evidence beyond a reasonable doubt that President Trump conspired w the Proud Boys snd Oath Keepers plans that he has committed the act of treason or sedition.

I believe he failed to defend the Constitution, the Election, Congress as a body, and the General Government. Absent the oath being codified in a penal code. Those are political sins. The answer was to impeach him in the House and convict in the Senate.

The GOP failed in its duty to so expunge this man because they fear his base at the polls. They all need to be defeated in the market place of ideas and ballot box.
 
Posts: 12633 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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posted Hide Post
quote:
Originally posted by Jefffive:
quote:
Originally posted by JTEX:
quote:
Originally posted by jeffeosso:
this is one of the DUMBEST things Trump had ever argued -

Here's the text of the POTUS oath

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:— "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."


Yep! Slo joe swore the same oath......and yet our border is wide open....


.


Strange that apprehensions have gone WAY up under "Slo Joe"...

Link

Almost like the border isn't "wide open".


Same as under Obama..... When you actually invite tens of thousands more illegals (notice I didn't call them immigrants) your apprehensions tend to increase.....

Rocket science dude Roll Eyes

I know you know..
 
Posts: 42463 | Location: Crosby and Barksdale, Texas | Registered: 18 September 2006Reply With Quote
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posted Hide Post
quote:
Originally posted by Magine Enigam:
quote:
apprehensions


Funny that you use that word.

BTW, the link you posted has a pop-up requesting permission for cookies. I didn't click on it, but I think I know what it shows.

"Apprehensions" means arrests in your context..

But it has other meanings/definitions:

1. suspicion or fear especially of future evil : foreboding

2. the act or power of perceiving or comprehending something
the result of apprehending something mentally : conception

So, a deficiency in #2 will result in #1. That explains JTEX very well.

It also works the other way around. Acute, accurate perception, comprehension, based on facts and evidence is exactly why people like JTEX trigger #1 in rational people.

It's only logical. Smiler

That little mind puzzle to start the day is probably over JTEX's head.

He'll probably understand this: Every time I see one of his posts I think of it as a #1 dump in cyberspace, and there's plenty more where that came from.


animal

Okay.

Every time I see one your posts ( what I mean by that is one of your cut and pastes) is that your a still a menopausal old woman that needs her hormones adjusted....

But you know that.

Stay on your meds old woman, you'll feel better.


.
 
Posts: 42463 | Location: Crosby and Barksdale, Texas | Registered: 18 September 2006Reply With Quote
One of Us
posted Hide Post
quote:
Originally posted by LHeym500:
Well, I do not see the Judge adjudicating President Trump guilty of the crime of insurrection. I am not sure that Congress has passed a Fed Act so defining, penalizing “insurrection” as a crime.

The Judge has opined that President Trump actions appear to fit the meaning of insurrection under the 14th Amendment.

That is a far cry from ruling he has committed a crime. In fact, we could go into all the reasons we know that has not happened.

The Judge even says do in the opinion stating it is for Congress to address.

The reason this matter has started out in state court is because it is a question of the Constitution applied to a state matter being election qualification in Colorado.

I can cite the controlling precedent, if anyone wishes that no body reads, but state remedies must be exhausted before the Federal Courts become open to these types of constitutional challenges. A major exception that has evolved from this since I graduated law school is this business of running to Fed Courts not to adjudicate the issues, but to enjoin the state court action while the matter works it way through the courts.

The sad state of affairs is President Trumps has made it necessary to codified the President’s oath, an oath o read as more onerous upon the taker than the oath taken by other Fed government officials, into the Federal Penal Code.

I do not believe absent evidence beyond a reasonable doubt that President Trump conspired w the Proud Boys snd Oath Keepers plans that he has committed the act of treason or sedition.

I believe he failed to defend the Constitution, the Election, Congress as a body, and the General Government. Absent the oath being codified in a penal code. Those are political sins. The answer was to impeach him in the House and convict in the Senate.

The GOP failed in its duty to so expunge this man because they fear his base at the polls. They all need to be defeated in the market place of ideas and ballot box.


Do you "believe" that slo joe has failed to defend the constitution by leaving our southern border wide open?

No? I didn't think so.......


.
 
Posts: 42463 | Location: Crosby and Barksdale, Texas | Registered: 18 September 2006Reply With Quote
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posted Hide Post
In a word, No.

That is because the administration of the border falls to the Executive Branch absent an act of Congress. By the way, what you complain about is a misdemeanor undrr current Federal Law.

Just because one dies not like a policy does not make that policy illegal nor unconstitutional. On the contrary, this Supreme Court majority has reiterated the border is a Federal issue, and the states cannot force the Executive Branch concerning policy. Congress could. Wake me up when the GOP passes or even advances out of the House policy on this issue.

Even Texas GOP folded w there, we can arrest people and enforce the border statute that does in the Texas state legislature.

I also do not hate migrant labor like you do. I also realize the Supreme Court in 1896 ruled those born here are US Citizens.
 
Posts: 12633 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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posted Hide Post
quote:
By the way, what you complain about is a misdemeanor undrr current Federal Law.



I don't believe it's even a misdemeanor to enter the US illegally; it's an administrative violation.

It worked the same in Japan in 1975 when I was picked up for over-staying my visa. Administrative violation--they told me I had to leave Japan, so I did.
 
Posts: 7027 | Location: Coeur d' Alene, Idaho, USA | Registered: 08 March 2013Reply With Quote
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posted Hide Post
It is when the person is uninvited. To overstay is not a crime. In an overstay case, the penalty which is deportation is civil.

8 U.S. Code § 1325 - Improper entry by alien

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
 
Posts: 12633 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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Picture of ledvm
posted Hide Post
Joshua,
All you are proving is that you are part of the problem…cause it IS a problem.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
J. Lane Easter, DVM

A born Texan has instilled in his system a mind-set of no retreat or no surrender. I wish everyone the world over had the dominating spirit that motivates Texans.– Billy Clayton, Speaker of the Texas House

No state commands such fierce pride and loyalty. Lesser mortals are pitied for their misfortune in not being born in Texas.— Queen Elizabeth II on her visit to Texas in May, 1991.
 
Posts: 38438 | Location: Gainesville, TX | Registered: 24 December 2006Reply With Quote
Moderator
Picture of jeffeosso
posted Hide Post
quote:
Originally posted by LHeym500:
Well, I do not see the Judge adjudicating President Trump guilty of the crime of insurrection. I am not sure that Congress has passed a Fed Act so defining, penalizing “insurrection” as a crime.

The Judge has opined that President Trump actions appear to fit the meaning of insurrection under the 14th Amendment.

That is a far cry from ruling he has committed a crime. In fact, we could go into all the reasons we know that has not happened.

The Judge even says do in the opinion stating it is for Congress to address.

The reason this matter has started out in state court is because it is a question of the Constitution applied to a state matter being election qualification in Colorado.

I can cite the controlling precedent, if anyone wishes that no body reads, but state remedies must be exhausted before the Federal Courts become open to these types of constitutional challenges. A major exception that has evolved from this since I graduated law school is this business of running to Fed Courts not to adjudicate the issues, but to enjoin the state court action while the matter works it way through the courts.

The sad state of affairs is President Trumps has made it necessary to codified the President’s oath, an oath o read as more onerous upon the taker than the oath taken by other Fed government officials, into the Federal Penal Code.

I do not believe absent evidence beyond a reasonable doubt that President Trump conspired w the Proud Boys snd Oath Keepers plans that he has committed the act of treason or sedition.

I believe he failed to defend the Constitution, the Election, Congress as a body, and the General Government. Absent the oath being codified in a penal code. Those are political sins. The answer was to impeach him in the House and convict in the Senate.

The GOP failed in its duty to so expunge this man because they fear his base at the polls. They all need to be defeated in the market place of ideas and ballot box.


Joshua,
Would you agree that this St Judge didn't have standing to rule on this?


opinions vary band of bubbas and STC hunting Club

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http://www.weaponsmith.com
 
Posts: 40081 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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posted Hide Post
standing looks at the parties. Jurisdiction looks at the Court.

I believe that as a court of first resort this state judge had jurisdiction to rule on whether President Trump qualifies to be present on the Colorado ballot.

Based on the general requirement to exhaust state court remedies, the action had to start on state court. An exception to this is 1983 civil rights violations and some patent issues which are exceptions governed by Federal Acts.

There are other exceptions such as a narrow exception in Administrative Law applied to Federal agencies.
 
Posts: 12633 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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