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The Messiah For A Revolution

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 the election was stolen from him.” …

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.” …

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Biden’s inauguration has prompted the predictable snowflake meltdown on the conservative leaning Politics forum of 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. …

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Jacob Chansley in one of his more lucid moments

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 in general, and Chansley’s role in it. …

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That’s a lot of potential murder charges.

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 for 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 bank with a gun. He doesn’t want to hurt anyone, but he is nervous, this being his first robbed bank and all. While holding his rifle he drops it with the attending accidental discharge killing the teller. The man argues he did not commit murder because he didn’t intend to kill anyone. He loses. Because the accident happened while he was committing a felony the intent of that felony is transferred to the murder and he is guilty of intentional murder. …

A recurring theme among the seditionists seeking to overturn the election of President-elect Biden is that one more Constitutional step remains. Congress must “certify” the election on January 6th. This is presented as if Congress has a choice. That assertion is wrong. The only Constitutional, or statutory, certifications are of the choices for each state’s electors by each state. That’s it. Beyond that, the role of Congress under both the Constitutional and statutory scheme is as a ministerial bean counter.

Pursuant to Article II of the Constitution each state chooses and certifies their state’s electors however they please. State power to do this is plenary. …

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Today we are closer to being a banana republic than ever before

On Saturday, January 2d 2021 President Trump (along with others) participated in a conference call with Georgia Secretary of State Brad Raffensperger. During this call the President of the United States corruptly pressured Raffensperger to “find” the mere 12,000 votes (or so) that Trump needed to win the state. In the course of this discussion, the President of the United States, the man Constitutionally charged with enforcing the law of the United States, the man who appoints the leadership of the United States Department of Justice, threatened criminal prosecution against Raffensperger (and his attorney) if he failed to do as demanded. …

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I just submitted a formal complaint of the Texas Bar requesting disciplinary action against Representative Louie Gohmert. It read as follows:

Dissatisfied with the results of the November 2020 Presidential election Representative Gohmert sought to have it overturned. On December 27, 2020 he sued the Vice President of the United States claiming the Vice President had unilateral authority to reject entire slates of electors from completely different states than Gohmert’s own home state of Texas. On January 1, 2021 Judge Kernodle dismissed the lawsuit on grounds none of the plaintiffs had standing. …

The Amistad Project has filed a very dangerous lawsuit whose arguments, if accepted, could end Presidential elections as we know them. The core of the lawsuit cites Article II, Section 2 of the Constitution which states:

Each state shall appoint, in such manner as the legislature thereof may direct” [its electors for the electoral college].

The Amistad Project interprets this provision to say that a state legislature cannot delegate its supposed duty to appoint electors to any other branch of the state government. According to the lawsuit this:

non-delegation doctrine, left it to the state legislatures to “direct” post-election certification of Presidential electors — not to “delegate” post-election certifications, perpetually and in a wholesale fashion, to state executive branch officials as a ministerial…

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Timeline for the electoral college voting and counting

Today is the electoral college safe harbor day. The day is established by law as one that ends any disputes over the electoral college and locks in the certifications of the states against any further appeal. It is found at 3 U.S.C. § 5 and here is how it reads.

If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.”



Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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