With the failure of Senate Republicans to convict Former President Trump, some have proposed using Section 3 of the 14th Amendment to accomplish the objective of disqualifying him from future public office through a simple majority vote of Congress. While idea is completely untested, Constitutional text creates a strong case that this is Constitutionally viable. Section 3 of the 14th Amendment reads:

“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…

This is a court filing by the Department of Justice in the case of insurrectionist Jessica Watkins. http://cdn.cnn.com/cnn/2021/images/02/11/04518323725.pdf

The document is a brief in support of pre-trial detention. It’s an argument that Watkins is so dangerous that she should be denied bail. It states that as part of her leadership role in the Oath Keepers and an Ohio “militia” that she “trained and plotted for a moment like this.” She described it as “our duty as Americans to fight, kill and die for our rights.” …

I originally prepared this timeline in response to someone who claimed Trump ‘immediately” condemned the violence on January 6th. That’s false. Throughout the riot, and even into the night, Trump endorsed it, egged it on and even as it ended justified it. All while he and his attorney continued to lobby Senators to further delay the count of the electoral college beyond what the riot had accomplished.

TIMELINE

About 10:45 a.m. Trump’s attorney, Rudy Giuliani, addresses the crowd at the “Stop the Steal” rally. He urges those there to resist the supposed stealing of the election with “trial by combat.”

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An increasing number of defendants charged in the January 6th insurrection are pleading for mercy on grounds that they were just doing what the President told them to do. Consider some of the following evidentiary gems for Trump’s impeachment trial.

“I answered the call of my president.” -Indicted Insurrectionist Jenna Ryan (who flew to the event on a private plane).

“I followed the president’s instructions.” -Indicted Insurrectionist Robert Sanford (on video throwing a fire extinguisher at police).

“I was following the instructions of former President Trump and he was my president and the commander-in-chief. His statements also had me believing…

In another forum someone asked me the following:

“what is it about Trump’s comment to the crowd about marching “over to the Capitol building to peacefully and patriotically make your voices heard” that is unclear to you?”

I responded as follows:

1. What Trump said that day was not all of Trump’s involvement. He organized the damn thing. Even with online talk from people about storming the Capitol, Trump encouraged people to come and he told them it would be a “wild time.” …

Biden’s inauguration has prompted the predictable snowflake meltdown on the conservative leaning Politics forum of TexAgs.com. I’ve written about this forum before, where openly advocating hanging the black President is permitted. Overtly racist posts are supposedly banned there (though they often occur) but openly sexist posts are very much permitted. After all, the demographics for the website includes 90% men.

Biden’s victory and inauguration brought out the worst of this in regards to Vice President Kamala Harris and Communications Director Jen Psaki. …

Jacob Chansley burst into the American consciousness as the almost comical guy with the painted face, bare chest and horned headgear in the Capitol insurrection. He was infamously pictured at Vice President Pence’s rostrum in the Senate chamber. It’s tempting to think of him as a mostly benign loon.

On Thursday prosecutors filed a detention memo seeking to hold him without bail. The 17 page memo provides real insight into the government’s views on this “insurrection” (a word used by the memo nine times to describe what happened). The memo provides chilling insight into both prosecutor’s belief about the insurrection…

The death of Officer Brian Sicknick at the hands of the insurrectionist mob assaulting the Capitol elevates the legal difficulties of everyone involved to a much higher level. They are all potentially guilty of “felony murder” under the law.

At issue is something called the felony murder rule which establishes that a person is guilty of murder even if he accidentally kills someone while committing another felony. Often (as in this case) there is a list of underlying felonies required to invoke the felony murder rule.

I will give the classic law school example. A man attempts to rob a…