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anniina03

Ohio Teen Cross Country Athlete Disqualified Over Hijab | Time - 0 views

  • The association that oversees high school sports in Ohio said Thursday that it’s considering changing its rules after a high school runner was disqualified from a cross country meet because she didn’t have a waiver allowing her to wear a hijab.
  • Noor Abukaram said she felt humiliated after being disqualified last weekend following a race in which she posted her best time for the season. “My heart dropped, I felt like something horrible had happened,”
  • The Ohio High School Athletic Association’s rulebook doesn’t specifically mention hijabs but does ban most head coverings and caps. It also says anyone requiring an exception because of religious or other reasons must get a waiver. The athletic association previously discussed dropping the waiver requirement for religious headwear, but the disqualification has now brought the issue to the forefront
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  • Similar issues have come up in other states in recent years. The Pennsylvania Interscholastic Athletic Association voted last year to drop its waiver requirement after a high school basketball player in Philadelphia was forced to leave a game because she was wearing a hijab.
Javier E

Trump Is Constitutionally Prohibited From the Presidency - The Atlantic - 0 views

  • The bottom line is that Donald Trump both “engaged in” “insurrection or rebellion” and gave “aid or comfort” to others engaging in such conduct, within the original meaning of those terms as employed in Section Three of the Fourteenth Amendment. If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution.
  • t the time of the January 6 attack, most Democrats and key Republicans described it as an insurrection for which Trump bore responsibility. We believe that any disinterested observer who witnessed that bloody assault on the temple of our democracy, and anyone who learns about the many failed schemes to bloodlessly overturn the election before that, would have to come to the same conclusion.
  • The only intellectually honest way to disagree is not to deny that the event is what the Constitution refers to as “insurrection” or “rebellion,” but to deny that the insurrection or rebellion matters. Such is to treat the Constitution of the United States as unworthy of preservation and protection.
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  • The former federal judge and Stanford law professor Michael McConnell cautions that “we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot … If abused, this is profoundly anti-democratic.” He also believes, as we do, that insurrection and rebellion are “demanding terms, connoting only the most serious of uprisings against the government,” and that Section 3 “should not be defined down to include mere riots or civil disturbances.” McConnell worries that broad definitions of insurrection and rebellion, with the “lack of concern about enforcement procedure … could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot.”
  • We share these concerns, and we concur that the answer to them lies in the wisdom of judicial decisions as to what constitutes “insurrection,” “rebellion,” or “aid or comfort to the enemies” of the Constitution under Section 3.
  • When a secretary of state or other state official charged with the responsibility of approving the placement of a candidate’s name on an official ballot either disqualifies Trump from appearing on a ballot or declares him eligible, that determination will assuredly be challenged in court by someone with the standing to do so, whether another candidate or an eligible voter in the relevant jurisdiction. Given the urgent importance of the question, such a case will inevitably land before the Supreme Court, where it will in turn test the judiciary’s ability to disentangle constitutional interpretation from political temptation
  • (Additionally, with or without court action, the second sentence of Section 3 contains a protection against abuse of this extraordinary power by these elections officers: Congress’s ability to remove an egregious disqualification by a supermajority of each House.)
  • The entire process, with all its sometimes frail but thus far essentially effective constitutional guardrails, will frame the effort to determine whether the threshold of “insurrection” or “rebellion” was reached and which officials, executive or legislative, were responsible for the January 6 insurrection and the broader efforts to reverse the election’s results.
  • The process that will play out over the coming year could give rise to momentary social unrest and even violence. But so could the failure to engage in this constitutionally mandated process. For our part, we would pray for neither unrest nor violence from the American people during a process of faithful application and enforcement of their Constitution.
  • f Donald Trump were to be reelected, how could any citizen trust that he would uphold the oath of office he would take upon his inauguration? As recently as last December, the former president posted on Truth Social his persistent view that the last presidential election was a “Massive Fraud,” one that “allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”
  • No person who sought to overthrow our Constitution and thereafter declared that it should be “terminated” and that he be immediately returned to the presidency can in good faith take the oath that Article II, Section 1 demands of any president-elect
Javier E

Don't Read the Colorado Ruling. Read the Dissents. - The Atlantic - 0 views

  • The dissents were gobsmacking—for their weakness. They did not want for legal craftsmanship, but they did lack any semblance of a convincing argument.
  • For starters, none of the dissents challenged the district court’s factual finding that Trump had engaged in an insurrection
  • Nor did the dissents challenge the evidence—adduced during a five-day bench trial, and which, three years ago, we saw for ourselves in real time—that Trump had engaged in an insurrection by any reasonable understanding of the term.
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  • Instead, the three dissenters mostly confined themselves to saying that state law doesn’t provide the plaintiffs with a remedy.
  • even the dissenters’ contentions about state law made little sense. Chief Justice Brian Boatright argued that, while Colorado law requires its secretary of state to examine the constitutional qualifications of presidential candidates, it doesn’t allow her to consider whether they are constitutionally disqualified.
  • Nothing in the state statute suggests that’s the case, and it’s plainly illogical. Every qualification necessarily establishes a disqualification. If the Constitution says, as it does, that you have to be 35 years of age to serve as president, you’re out of luck—disqualified—if you’re 34 and a half. By the same token, if you’ve engaged in an insurrection against that Constitution in violation of your oath to it, you’ve failed to meet the ironclad (and rather undemanding) requirement that you not have done that.
  • And no stronger is Justice Carlos Samour’s suggestion that Trump was somehow deprived of due process by the proceedings in the district court. This was a full-blown, five-day trial, with sworn witnesses and lots of documentary exhibits, all admitted under the traditional rules of evidence before a judicial officer, who then made extensive written findings of fact under a stringent standard of proof
  • Samour’s suggestion that Trump was denied a fair trial because he didn’t have a jury is almost embarrassing: Any first-year law student who has taken civil procedure could tell you that election cases are not even close to the sort of litigation to which a Seventh Amendment jury-trial right would attach.
  • the dissents showed one thing clearly: The Colorado majority was right. I dare not predict what will happen next. But if Trump’s lawyers or any members of the United States Supreme Court want to overturn the decision, they’d better come up with something much, much stronger. And fast.
Javier E

The West Virginia primary shows Trump's election was no aberration - The Washington Post - 0 views

  • the West Virginia GOP primary confirms that this sort of vulgar demagoguery is becoming routine. Trump’s election was no aberration. Rather, he exploited deep problems in American politics that had been building for years — and others, following his example, will exploit those same problems after he’s gone.
  • Before Trump, there was Sarah Palin, the tea party movement, Sen. Ted Cruz (R-Tex.), the Republican Study Committee, the Freedom Caucus. The Republican Party tried to harness the rage of the nativist right but ultimately couldn’t contain it.
  • Now we have Blankenship, Roy Moore, Joe Arpaio and a proliferation of name-calling misfits and even felons on Republican ballots. They are monsters created by the GOP, or rather the power vacuum the GOP has become.
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  • Political scientists have observed that American politics has deteriorated into an unstable combination of weak parties and strong partisanship — dry brush for the likes of Trump and Blankenship to ignite.
  • The 2002 McCain-Feingold campaign-finance reform restricted party fundraising, and the Citizens United Supreme Court ruling in 2010 essentially destroyed parties by giving everybody else freedom to spend unlimited sums to buy politicians. The moderating influence of parties was replaced by the radicalizing influence of dark money.
  • Related to this, partisanship in Washington escalated, aggravated by partisan redistricting that puts almost all House members in safe seats where the only threat comes from primaries. Primary voters tend to favor extreme candidates — who, once in Congress, turn politics into warfare.
  • the problem is most severe among Republicans, and it’s no small irony that the man who arguably did the most to create the current system is now under attack by it. McConnell, who championed unlimited dark money, cheered Citizens United and dramatically accelerated the partisan revenge cycle on the Senate floor, is now the victim of extremists his own actions created.
  • this much we already know: McConnell unleashed the forces now shredding his party. Blankenship, like Trump, exploited those forces. And nobody controls them.
Javier E

America Has Never Been So Ripe for Tyranny -- NYMag - 1 views

  • my mind keeps being tugged by a passage in Plato’s Republic.
  • Socrates seemed pretty clear on one sobering point: that “tyranny is probably established out of no other regime than democracy.” What did Plato mean by that? Democracy, for him, I discovered, was a political system of maximal freedom and equality, where every lifestyle is allowed and public offices are filled by a lottery. And the longer a democracy lasted, Plato argued, the more democratic it would become.
  • Its freedoms would multiply; its equality spread. Deference to any sort of authority would wither; tolerance of any kind of inequality would come under intense threat; and multiculturalism and sexual freedom would create a city or a country like “a many-colored cloak decorated in all hues.”
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  • This rainbow-flag polity, Plato argues, is, for many people, the fairest of regimes. The freedom in that democracy has to be experienced to be believed — with shame and privilege in particular emerging over time as anathema. But it is inherently unstable. As the authority of elites fades, as Establishment values cede to popular ones, views and identities can become so magnificently diverse as to be mutually uncomprehendin
  • when all the barriers to equality, formal and informal, have been removed; when everyone is equal; when elites are despised and full license is established to do “whatever one wants,” you arrive at what might be called late-stage democracy
  • The very rich come under attack, as inequality becomes increasingly intolerable. Patriarchy is also dismantled: “We almost forgot to mention the extent of the law of equality and of freedom in the relations of women with men and men with women.” Family hierarchies are inverted: “A father habituates himself to be like his child and fear his sons, and a son habituates himself to be like his father and to have no shame before or fear of his parents.” In classrooms, “as the teacher ... is frightened of the pupils and fawns on them, so the students make light of their teachers.” Animals are regarded as equal to humans; the rich mingle freely with the poor in the streets and try to blend in. The foreigner is equal to the citizen.
  • when a democracy has ripened as fully as this, Plato argues, that a would-be tyrant will often seize his moment.
  • He is usually of the elite but has a nature in tune with the time — given over to random pleasures and whims, feasting on plenty of food and sex, and reveling in the nonjudgment that is democracy’s civil religion. He makes his move by “taking over a particularly obedient mob” and attacking his wealthy peers as corrupt
  • If not stopped quickly, his appetite for attacking the rich on behalf of the people swells further. He is a traitor to his class — and soon, his elite enemies, shorn of popular legitimacy, find a way to appease him or are forced to flee
  • Eventually, he stands alone, promising to cut through the paralysis of democratic incoherence. It’s as if he were offering the addled, distracted, and self-indulgent citizens a kind of relief from democracy’s endless choices and insecurities
  • He rides a backlash to excess—“too much freedom seems to change into nothing but too much slavery” — and offers himself as the personified answer to the internal conflicts of the democratic mess. He pledges, above all, to take on the increasingly despised elites. And as the people thrill to him as a kind of solution, a democracy willingly, even impetuously, repeals itself.
  • Part of American democracy’s stability is owed to the fact that the Founding Fathers had read their Plato. To guard our democracy from the tyranny of the majority and the passions of the mob, they constructed large, hefty barriers between the popular will and the exercise of power.
  • Over the centuries, however, many of these undemocratic rules have been weakened or abolished
  • The franchise has been extended far beyond propertied white men. The presidency is now effectively elected through popular vote, with the Electoral College almost always reflecting the national democratic will. And these formal democratic advances were accompanied by informal ones
  • Direct democracy didn’t just elect Congress and the president anymore; it expanded the notion of who might be qualified for public office. Once, candidates built a career through experience in elected or Cabinet positions or as military commanders; they were effectively selected by peer review. That elitist sorting mechanism has slowly imploded
  • further widening of our democracy — our increased openness to being led by anyone; indeed, our accelerating preference for outsiders — is now almost complete.
  • “It is usually those whose poverty is relatively recent, the ‘new poor,’ who throb with the ferment of frustration,”
  • Many contend, of course, that American democracy is actually in retreat, close to being destroyed by the vastly more unequal economy of the last quarter-century and the ability of the very rich to purchase political influence. This is Bernie Sanders’s core critique. But the past few presidential elections have demonstrated that, in fact, money from the ultrarich has been mostly a dud.
  • it is precisely because of the great accomplishments of our democracy that we should be vigilant about its specific, unique vulnerability: its susceptibility, in stressful times, to the appeal of a shameless demagogue.
  • What the 21st century added to this picture, it’s now blindingly obvious, was media democracy — in a truly revolutionary form. If late-stage political democracy has taken two centuries to ripen, the media equivalent took around two decades, swiftly erasing almost any elite moderation or control of our democratic discourse
  • The rise of the internet — an event so swift and pervasive its political effect is only now beginning to be understood — further democratized every source of information, dramatically expanded each outlet’s readership, and gave everyone a platform. All the old barriers to entry — the cost of print and paper and distribution — crumbled.
  • Political organizing — calling a meeting, fomenting a rally to advance a cause — used to be extremely laborious. Now you could bring together a virtual mass movement with a single webpage. It would take you a few seconds.
  • The web was also uniquely capable of absorbing other forms of media, conflating genres and categories in ways never seen before. The distinction between politics and entertainment became fuzzier; election coverage became even more modeled on sportscasting
  • The web’s algorithms all but removed any editorial judgment, and the effect soon had cable news abandoning even the pretense of asking “Is this relevant?” or “Do we really need to cover this live?” in the rush toward ratings bonanzas. In the end, all these categories were reduced to one thing: traffic, measured far more accurately than any other medium had ever done before
  • what mainly fuels this is precisely what the Founders feared about democratic culture: feeling, emotion, and narcissism, rather than reason, empiricism, and public-spiritedness
  • Online debates become personal, emotional, and irresolvable almost as soon as they begin
  • Godwin’s Law — it’s only a matter of time before a comments section brings up Hitler — is a reflection of the collapse of the reasoned deliberation the Founders saw as indispensable to a functioning republic.
  • Yes, occasional rational points still fly back and forth, but there are dramatically fewer elite arbiters to establish which of those points is actually true or valid or relevant. We have lost authoritative sources for even a common set of facts. And without such common empirical ground, the emotional component of politics becomes inflamed and reason retreats even further. The more emotive the candidate, the more supporters he or she will get.
  • The climate Obama thrived in, however, was also ripe for far less restrained opportunists. In 2008, Sarah Palin emerged as proof that an ardent Republican, branded as an outsider, tailor-made for reality TV, proud of her own ignorance about the world, and reaching an audience directly through online media, could also triumph in this new era. She was, it turned out, a John the Baptist for the true messiah of conservative populism, waiting patiently and strategically for his time to come.
  • Trump assiduously cultivated this image and took to reality television as a natural. Each week, for 14 seasons of The Apprentice, he would look someone in the eye and tell them, “You’re fired!” The conversation most humane bosses fear to have with an employee was something Trump clearly relished, and the cruelty became entertainment. In retrospect, it is clear he was training — both himself and his viewers. If you want to understand why a figure so widely disliked nonetheless powers toward the election as if he were approaching a reality-TV-show finale, look no further. His television tactics, as applied to presidential debates, wiped out rivals used to a different game. And all our reality-TV training has conditioned us to hope he’ll win — or at least stay in the game till the final round. In such a shame-free media environment, the assholes often win. In the end, you support them because they’re assholes.
  • The deeper, long-term reasons for today’s rage are not hard to find, although many of us elites have shamefully found ourselves able to ignore them. The jobs available to the working class no longer contain the kind of craftsmanship or satisfaction or meaning that can take the sting out of their low and stagnant wages. The once-familiar avenues for socialization — the church, the union hall, the VFW — have become less vibrant and social isolation more common. Global economic forces have pummeled blue-collar workers more relentlessly than almost any other segment of society, forcing them to compete against hundreds of millions of equally skilled workers throughout the planet. No one asked them in the 1990s if this was the future they wanted. And the impact has been more brutal than many economists predicted. No wonder suicide and mortality rates among the white working poor are spiking dramatically.
  • The barriers to the popular will, especially when it comes to choosing our president, are now almost nonexisten
  • Fundamentalist religion long provided some emotional support for those left behind (for one thing, it invites practitioners to defy the elites as unholy), but its influence has waned as modernity has penetrated almost everything and the great culture wars of the 1990s and 2000s have ended in a rout. The result has been a more diverse mainstream culture — but also, simultaneously, a subculture that is even more alienated and despised, and ever more infuriated and bloody-minded
  • It’s a period in which we have become far more aware of the historic injustices that still haunt African-Americans and yet we treat the desperate plight of today’s white working ­class as an afterthought. And so late-stage capitalism is creating a righteous, revolutionary anger that late-stage democracy has precious little ability to moderate or constrain — and has actually helped exacerbate.
  • For the white working class, having had their morals roundly mocked, their religion deemed primitive, and their economic prospects decimated, now find their very gender and race, indeed the very way they talk about reality, described as a kind of problem for the nation to overcome
  • Much of the newly energized left has come to see the white working class not as allies but primarily as bigots, misogynists, racists, and homophobes, thereby condemning those often at the near-bottom rung of the economy to the bottom rung of the culture as well.
  • Mass movements, Hoffer argues, are distinguished by a “facility for make-believe … credulity, a readiness to attempt the impossible.” What, one wonders, could be more impossible than suddenly vetting every single visitor to the U.S. for traces of Islamic belief? What could be more make-believe than a big, beautiful wall stretching across the entire Mexican border, paid for by the Mexican government? What could be more credulous than arguing that we could pay off our national debt through a global trade war?
  • In a conventional political party, and in a rational political discourse, such ideas would be laughed out of contention, their self-evident impossibility disqualifying them from serious consideration. In the emotional fervor of a democratic mass movement, however, these impossibilities become icons of hope, symbols of a new way of conducting politics. Their very impossibility is their appeal.
  • But the most powerful engine for such a movement — the thing that gets it off the ground, shapes and solidifies and entrenches it — is always the evocation of hatred. It is, as Hoffer put it, “the most accessible and comprehensive of all unifying elements.”
  • what makes Trump uniquely dangerous in the history of American politics — with far broader national appeal than, say, Huey Long or George Wallace — is his response to all three enemies. It’s the threat of blunt coercion and dominance.
  • Fascism had, in some measure, an ideology and occasional coherence that Trump utterly lacks. But his movement is clearly fascistic in its demonization of foreigners, its hyping of a threat by a domestic minority (Muslims and Mexicans are the new Jews), its focus on a single supreme leader of what can only be called a cult, and its deep belief in violence and coercion in a democracy that has heretofore relied on debate and persuasion
  • what’s notable about Trump’s supporters is precisely what one would expect from members of a mass movement: their intense loyalty. Trump is their man, however inarticulate they are when explaining why. He’s tough, he’s real, and they’ve got his back, especially when he is attacked by all the people they have come to despise: liberal Democrats and traditional Republicans
  • Trump tells the crowd he’d like to punch a protester in the face or have him carried out on a stretcher. No modern politician who has come this close to the presidency has championed violence in this way. It would be disqualifying if our hyper­democracy hadn’t already abolished disqualifications.
  • Trump celebrates torture — the one true love of tyrants everywhere — not because it allegedly produces intelligence but because it has a demonstration effect.
  • Fuck political correctness. As one of his supporters told an obtuse reporter at a rally when asked if he supported Trump: “Hell yeah! He’s no-bullshit. All balls. Fuck you all balls. That’s what I’m about.” And therein lies the appeal of tyrants from the beginning of time. Fuck you all balls. Irrationality with muscle.
  • The racial aspect of this is also unmissable. When the enemy within is Mexican or Muslim, and your ranks are extremely white, you set up a rubric for a racial conflict. And what’s truly terrifying about Trump is that he does not seem to shrink from such a prospect; he relishes it.
  • “I’ve got to keep remembering … that Windrip is only the lightest cork on the whirlpool. He didn’t plot all this thing. With all the justified discontent there is against the smart politicians and the Plush Horses of Plutocracy — oh, if it hadn’t been one Windrip, it’d been another … We had it coming, we Respectables.”
  • Those who believe that Trump’s ugly, thuggish populism has no chance of ever making it to the White House seem to me to be missing this dynamic. Neo-fascist movements do not advance gradually by persuasion; they first transform the terms of the debate, create a new movement based on untrammeled emotion, take over existing institutions, and then ruthlessly exploit events.
  • I have no doubt, for example, that Trump is sincere in his desire to “cut the head off” ISIS, whatever that can possibly mean. But it remains a fact that the interests of ISIS and the Trump campaign are now perfectly aligned. Fear is always the would-be tyrant’s greatest ally.
  • His proposition is a simple one. Remember James Carville’s core question in the 1992 election: Change versus more of the same? That sentiment once elected Clinton’s husband; it could also elect her opponent this fall. If you like America as it is, vote Clinton
  • the more she campaigns, the higher her unfavorables go (including in her own party). She has a Gore problem. The idea of welcoming her into your living room for the next four years can seem, at times, positively masochistic
  • All Trump needs is a sliver of minority votes inspired by the new energy of his campaign and the alleged dominance of the Obama coalition could crac
  • like all tyrants, he is utterly lacking in self-control. Sleeping a handful of hours a night, impulsively tweeting in the early hours, improvising madly on subjects he knows nothing about, Trump rants and raves as he surfs an entirely reactive media landscape
  • And, 81 years later, many of us did. An American elite that has presided over massive and increasing public debt, that failed to prevent 9/11, that chose a disastrous war in the Middle East, that allowed financial markets to nearly destroy the global economy, and that is now so bitterly divided the Congress is effectively moot in a constitutional democracy: “We Respectables” deserve a comeuppance
  • The vital and valid lesson of the Trump phenomenon is that if the elites cannot govern by compromise, someone outside will eventually try to govern by popular passion and brute force.
  • But elites still matter in a democracy. They matter not because they are democracy’s enemy but because they provide the critical ingredient to save democracy from itself.
  • Democrats who are gleefully predicting a Clinton landslide in November need to both check their complacency and understand that the Trump question really isn’t a cause for partisan Schadenfreude anymore. It’s much more dangerous than that.
  • Those still backing the demagogue of the left, Bernie Sanders, might want to reflect that their critique of Clinton’s experience and expertise — and their facile conflation of that with corruption — is only playing into Trump’s hands
  • Republicans desperately trying to use the long-standing rules of their own nominating process to thwart this monster deserve our passionate suppor
  • e. They should resist any temptation to loyally back the nominee or to sit this election out. They must take the fight to Trump at every opportunity, unite with Democrats and Independents against him, and be prepared to sacrifice one election in order to save their party and their country.
  • Trump is not just a wacky politician of the far right, or a riveting television spectacle, or a Twitter phenom and bizarre working-class hero. He is not just another candidate to be parsed and analyzed by TV pundits in the same breath as all the others. In terms of our liberal democracy and constitutional order, Trump is an extinction-level event. It’s long past time we started treating him as such.
katherineharron

Fact check: No, impeachment itself would not ban Trump from a 2024 run - CNNPolitics - 0 views

  • A viral tweet claims that impeaching President Donald Trump for a second time would mean he would lose the ability to run for president in 2024. That's not true. Nor are other claims in the tweet.
  • The tweet was posted on Friday, two days after a Capitol insurrection by a mob of Trump supporters sparked a new impeachment push from House Democrats.
  • It says the following: "For those wondering if it's worth impeaching him this time, it means he: 1) loses his 200k+ pension for the rest of his life2) loses his 1 million dollar/year travel allowanceRead More3) loses lifetime full secret service detail
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  • 4) loses his ability to run in 2024"
  • he tweet is inaccurate in multiple ways. 1) Trump would lose his post-presidency pension only if both the House voted to impeach him and then the Senate voted to remove him from office; impeachment itself, without removal, would not result in Trump being denied any benefits.2) The law makes clear that presidents who have lifetime Secret Service protection never get a $1 million travel allowance. 3) It is unclear that Trump would lose lifetime Secret Service protection even if the Senate voted to remove him and prohibit him from running.4) Even a Senate vote to remove Trump would not prohibit him from running in 2024; for the Senate to ban him from the presidency, it would have to hold an additional vote on this question.
  • Trump would not lose his pension if the House impeached him for his role in inciting the insurrection -- just as he didn't lose his pension when the House impeached him in 2019 over his effort to use the US' relationship with Ukraine for his own political ends
  • Lots of average citizens use the word "impeachment" to refer to impeachment and removal, so we're not bashing Costiloe for this common error, but the statement is incorrect.
  • Presidents who have not been impeached and removed are entitled to a lifetime pension equivalent to the annual salary of a head of an executive department. For Trump, like predecessor President Barack Obama, that would indeed amount to more than $200,000 per year.
  • Neither a second House impeachment nor even a Senate vote to convict Trump and remove him from office would prevent him from running again, in 2024 or beyond.
  • Rather, after two-thirds of senators present voted to remove Trump, a simple majority of senators present would have to approve an additional vote to bar him from the presidency in the future.
  • There is at least some uncertainty about the disqualification issue, since no president has ever been removed from office by the Senate and only judges have been disqualified from future office.
  • One law, the Former Presidents Act we mentioned earlier, specifically says that a president who gets booted by the Senate does not count as a "former president" for the purpose of certain post-presidency perks. However, another law signed by Obama in 2013, the Former Presidents Protection Act, simply authorizes lifetime Secret Service protection for former presidents -- without defining "former president" in any particular way.
  • It is not clear which definition the federal government or the courts would use when it came to deciding whether an impeached and removed Trump should get lifetime Secret Service protection
  • Trump was not certain to get a $1 million travel allowance in the first place. In fact, the travel allowance -- technically, a security and travel allowance -- is only for former presidents who are not getting lifetime Secret Service protection.
  • In other words: under normal circumstances -- if Trump finished out his term as scheduled and then accepted the lifetime Secret Service protection he would indisputably be entitled to in that case -- there would be no $1 million security and travel allowance for him.
kaylynfreeman

Opinion | Congress Should Bar Trump From Ever Holding Office - The New York Times - 0 views

  • Congress should use its constitutional power to prohibit instigators and perpetrators of last week’s violent siege of the Capitol, including President Trump, from holding public office ever again.
    • kaylynfreeman
       
      YES
  • The 14th Amendment gives Congress the power to enforce Section 3 through legislation. So Congress can immediately pass a law declaring that any person who has ever sworn to defend the Constitution — from Mr. Trump to others — and who incited, directed, or participated in the Jan. 6 assault “engaged in insurrection or rebellion” and is therefore constitutionally disqualified from holding office in the future.
  • We believe legislators of conscience should brandish this option not as a substitute for impeachment but as a complement to it.
xaviermcelderry

Opinion | Why Trump Can Be Convicted Even as an Ex-President - The New York Times - 0 views

  • With the Senate not expected to reconvene until next Tuesday, Mr. Trump’s impeachment trial could not begin until Wednesday afternoon at the earliest — after the inauguration of his successor.
  • “President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”
  • If that were all that the Constitution said about impeachment, there might be something to the argument that once the individual no longer holds the office, the impeachment power becomes defunct.
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  • But Article I, Section 3 says more. In describing the powers of the Senate to conduct an impeachment trial, it provides that “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States” (emphasis added).
  • The Belknap case cemented two precedents: Congress can impeach and remove former officers, but the fact that the defendant is no longer in office is one factor that senators may take into account in deciding whether to vote to convict. So, when President Richard Nixon resigned in August 1974 in an effort to forestall his seemingly inevitable impeachment and removal, that act did not deprive Congress of the constitutional power to still impeach, remove and disqualify him; it merely mitigated the perceived political expediency of doing so. By resigning, Mr. Nixon took at least some responsibility for his conduct. And the circumstances of his resignation left no reason to believe that he would ever again be a candidate for federal office.
  • Because Mr. Trump’s term ends at noon on Jan. 20, the argument goes, there is little point in expending energy to reinforce what is already, despite Mr. Trump’s best efforts, a legal inevitability.
  • But there is no indication that Mr. Trump plans to resign. His term ends next Wednesday only because Section 1 of the 20th Amendment says so. He is not going willingly. And he has made no secret of his interest in running for president again in 2024.
  • What’s more, under the Former Presidents Act of 1958, he stands to receive significant financial and other tangible benefits, including a handsome annual stipend, funds for offices and a staff, and a pension.
  • And whereas the conservative argument against a post-Jan. 20 impeachment presupposes that the matter will inevitably end up in the courts (which may be sympathetic to Mr. Trump), that claim, too, is erroneous.
martinelligi

Trump Impeached By House Over Capitol Insurrection : House Impeachment Vote: Live Updat... - 0 views

  • The House of Representatives voted Wednesday to impeach President Trump for "high crimes and misdemeanors" — specifically, for inciting an insurrection against the federal government at the U.S. Capitol.
  • Just one week before he will leave office, Trump has now become the first U.S. president to be impeached twice.
  • Impeachment, Pelosi said, is "a constitutional remedy that will ensure that the republic will be safe from this man, who is so resolutely determined to tear down the things that we hold dear, and that hold us together."
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  • The House voted 232-197 to impeach Trump, with four GOP abstentions, after a few hours of debate evenly divided between the parties. Because of the tight schedule, many lawmakers were only allotted a minute, or less, in which to state their positions.
  • . "The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution."
  • "In light of reports of more demonstrations, I urge that there must be NO violence, NO lawbreaking and NO vandalism of any kind," Trump said. "That is not what I stand for, and it is not what America stands for. I call on ALL Americans to help ease tensions and calm tempers. Thank You."
  • If the Senate votes to convict Trump — an outcome that is far from certain — he likely would be barred from holding any federal office again. An impeachment trial will not begin before Biden is sworn in on Jan. 20. Senate Majority Leader Mitch McConnell's office said Wednesday that the chamber, which Republicans currently hold, will not convene again until the transfer of power is complete.
  • "President Trump gravely endangered the security of the United States and its institutions of government, threatened the integrity of the democratic system, interfered with the peaceful transition of power, and imperiled a coequal branch of government; and
  • "by such conduct, President Trump warrants impeachment and trial, removal from office, and disqualification to hold U.S. office."
Javier E

About 41% of the global population are under 24. And they're angry… | Opinion... - 0 views

  • Are we entering a new age of global revolution? Or is it foolish to try to link anger in India over the price of onions to pro-democracy demonstrations in Russia?
  • recent upheavals do appear to share one key factor: youth. In most cases, younger people are at the forefront of calls for change. The uprising that unexpectedly swept away Sudan’s ancien regime this year was essentially generational
  • while younger people, in any era, are predisposed to shake up the established order, extreme demographic, social and political imbalances are intensifying present-day pressures
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  • There are more young people than ever before. About 41% of the global population of 7.7 billion is aged 24 or under. In Africa, 41% is under 15. In Asia and Latin America (where 65% of the world’s people live), it’s 25%.
  • In developed countries, imbalances tilt the other way. While 16% of Europeans are under 15, about 18%, double the world average, are over 65.
  • Recession, stagnant or falling living standards, and austerity programmes delivered from on high have shaped their experience
  • a common factor is the increased willingness of undemocratic regimes, ruling elites and wealthy oligarchies to use force to crush threats to their power – while hypocritically condemning protester violenc
  • they’re connected. More people than ever before have access to education. They are healthier. They appear less bound by social conventions and religion. They are mutually aware. And their expectations are higher.
  • thanks to social media, the ubiquity of English as a common tongue, and the internet’s globalisation and democratisation of information
  • younger people from all backgrounds and locations are more open to alternative life choices, more attuned to “universal” rights and norms such as free speech or a living wage – and less prepared to accept their denial
  • It is difficult, if not perverse, to watch protesters risking torture and death by challenging Egypt’s dictator, Abdel Fattah el-Sisi, and not relate their daring both to Hong Kong and, say, to Kashmiris’ efforts to throw off the yoke imposed by another “strongman”, India’s Narendra Modi. When Palestinian youths taunt the Israel Defence Forces with flags and stones, are they not part of the same global fight for democratic self-determination, basic freedoms and human rights espoused by young Muscovites opposing Vladimir Putin’s cruel kleptocracy?
  • Any government, elected or not, that fails to provide jobs, decent wages and housing faces big trouble.
  • Another negative is the perceived, growing readiness of democratically elected governments, notably in the US and Europe, to lie, manipulate and disinform
  • disbelief is the new spirit of the age
  • The stifling silence that hangs over North Korea’s gulag, China’s Xinjiang and Tibet regions, and dark, hidden places inside Syria, Eritrea, Iran and Azerbaijan could yet descend on us all. What helps protect us is the noisy, life-affirming dissent of the young.
delgadool

Senate impeachment trial of Trump begins with rancor over witnesses and new evidence ab... - 0 views

  • Republican lawmakers appeared unswayed by the new information, focusing on attacking the Democratic-led investigation in the House for not uncovering the evidence before sending the impeachment articles to the Senate.
  • Sen. James Lankford (R-Okla.) said it is the responsibility of the House, not the Senate, to gather evidence and present a case for impeachment.
  • The chorus of Republicans unwilling to consider additional evidence served as an indication that Democrats will face an uphill climb in their attempts to further build a case against Trump as the Senate trial plays out. The impeachment charges center on the allegation that the president withheld military aid and a White House meeting to pressure Ukraine to investigate his political rivals, including former vice president Joe Biden and his son Hunter.
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  • Parnas — who has been trying to get House impeachment investigators’ attention for weeks — alleged in an interview with NBC News on Wednesday evening that Trump personally blessed his covert effort to pressure Ukraine to investigate his political adversaries. He also admitted to conveying to the Ukrainians a “quid pro quo” message that aid would flow only when the nation publicly committed to such a probe.
  • “President Trump thus warrants impeachment and trial, removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States,” Schiff said as he finished reading from the articles.
  • “In America, trials have evidence, and coverups do not,” said Sen. Christopher A. Coons (D-Del.).
  • “My view on it is, I want to wait and start by hearing from both sides and then ask the questions and then be informed by that,” Cramer said. “You know, I think at this point we’re all in jury mode, and that’s the best way to proceed. It’s really up to the House managers to make the case for these things. I’m certainly open to it. And we’ll see what they say.”
leilamulveny

Election Voting Issues: What We're Watching - WSJ - 0 views

  • Voters face challenges including changing deadlines for mail-in ballots and concerns about long lines, demonstrations and potential intimidation at polling places.
  • Disabled voters will have limited access after the Supreme Court reinstated a ban on curbside voting, blocking a lower-court order that allowed county officials to use the accommodation.
  • A Superior Court judge ordered polls to remain open an additional two hours, until 9 p.m., in Spalding County after technical difficulties prevented people from voting in the county. Voters who vote in the extended time frame will cast provisional ballots.
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  • reports of robocalls spreading misinformation in the city of Flint that told voters that “due to long lines, they should vote tomorrow.” Attorney General Dana Nessel said that was false and called it an effort to suppress the vote.
  • An extension for receiving ballots in the mail by Nov. 10, as long as they were postmarked by Election Day, faces legal uncertainty after a federal appeals court ruling last week that the extended deadline is likely unconstitutional. The court ordered the state to segregate late-arriving ballots for possible disqualification.
  • Civil-rights groups said they filed a lawsuit in federal court late Monday against the Alamance County sheriff and chief of police in Graham, N.C., alleging the police disrupted a Saturday march to an early-voting location and intimidated and discouraged march participants from voting. The Graham Police Department said the demonstration blocked traffic and was deemed unsafe and unlawful. The department said it arrested eight people.
  • A Republican-backed lawsuit asked a federal judge to throw out at least 1,200 ballots in Montgomery County, outside Philadelphia, alleging local officials handled mail-in ballots illegally. The suit alleged the county Board of Elections was illegally sorting through and identifying potential problems with mail-in ballots received before Nov. 3. A county spokesperson said: “We believe our process is sound and permissible under the Election Code.”
  • The Supreme Court earlier let stand a ruling by Pennsylvania’s highest court that extended the deadline for accepting mail-in ballots by three days. The ruling also allows ballots with illegible postmarks to be counted if received by the deadline. The state’s top election official, a Democrat, extended the deadline to compensate for more voters turning to mail ballots. Republican plaintiffs asked the high court to reconsider the matter. In anticipation of possible postelection legal challenges, local election officials have been directed to separate ballots received after the original Election Day deadline.
  • The judge noted that state law requires voting on Election Day to take place inside buildings. To ensure compliance, the clerk for Harris said on Twitter that the county would operate one drive-through center on Election Day, at the Toyota Center, a large indoor arena.
  • The Supreme Court declined to allow pandemic-related changes to voting rules in Wisconsin, letting stand a federal appeals court’s ruling that mail-in ballots must be received by Election Day.
delgadool

Why Seven Republican Senators Voted to Convict Trump - The New York Times - 0 views

  • The Republicans who broke with their party to find Donald J. Trump guilty were an eclectic group, bound by their shared lack of concern about retribution from the former president or his followers.
  • Mr. Cassidy, a Louisiana Republican, became part of a small minority in his party — and one of only a few officials in the South — to acknowledge President Biden’s victory.
  • Mr. Cassidy was one of only seven Republican senators who voted on Saturday to convict him.
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  • But the senators were united by a common thread: Each of them, for their own reasons, was unafraid of political retribution from Mr. Trump or his supporters.
  • “Two are retiring, and three are not up until 2026, and who knows what the world will look like five years from now,”
  • The Senate acquitted Mr. Trump of the charges by a vote of 57 to 43, falling short of the two-thirds majority required for a conviction.
  • Republican lawmakers have been reluctant to cross the former president for fear of invoking his wrath and infuriating the primary voters who still adore him.
  • “If months of lies, organizing a rally of supporters in an effort to thwart the work of Congress, encouraging a crowd to march on the Capitol, and then taking no meaningful action to stop the violence once it began is not worthy of impeachment, conviction and disqualification,” she said, “I cannot imagine what is.”
  • Now, Mr. Sasse is facing censure threats from the Nebraska Republican Party.
lilyrashkind

6 Scandals That Rocked the Winter Olympics - HISTORY - 0 views

  • The Winter Olympics have been marked by controversy and scandal since the first Games in 1924. From cheating by East German lugers to the sordid Tonya Harding figure skating fiasco, here are six events that made headlines:
  • At the Games in Chamonix, France, Norwegians contended the 500-meter speedskating final had been mistimed in favor of American Charles Jewtraw, a heavy underdog who won the gold.
  • Jewtraw's win, by 1/5 of a second, stunned him. too. In a 1983 interview with Sports Illustrated, Jewtraw said he had never competed in the 500 prior to the gold-medal race and hadn't even trained for the Games.
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  • Schranz’s supporters contended the mystery man had been a French policeman or soldier who had purposely interfered with the run to ensure Killy’s victory. The French hinted Schranz had made up the story."I was descending and I saw a dark shadow ahead of me," Schranz said at a news conference. "I wanted to avoid it, and I stopped. It was apparently a ski policeman."
  • The women's luge competition at the Grenoble Games was all but a lock for East Germany. Defending champ and gold-medal favorite Ortrun Enderlein stood in first; teammates Anna-Maria Müller and Angela Knösel were second and fourth. 
  • “A jury member acted immediately,” International Luge Federation president Bert Isatitsch said, according to UPI. "He went to the starting line and put his hands on the runners. They were warm."Isatitsch said East German officials used "foul language" when notified of the disqualification. “One waved his arms around, shouting and screaming," he told UPI. 
  • A month before the 1994 Winter Games, a man wielding a metal baton attacked gold- medal favorite Kerrigan during a practice at the U.S. Nationals, paving the way for Harding to win the event and to qualify for the Olympics. Soon afterward, however, it was discovered that Harding’s ex-husband, Jeff Gillooly, had planned the attack. With Kerrigan recovered—and Harding allowed to compete despite her not-yet-confirmed connection to the crime—the women’s figure skating competition became the hottest event at the Olympics. TV ratings soared.
  • Ice dancing got a dose of spy games in Nagano, Japan, when a Canadian judge secretly taped a conversation with another judge about picking winners before the competition.After her complaints to officials had been brushed aside, Jean Senft recorded Ukrainian judge Yuri Balkov discussing skater placements as proof of her accusations. During the call, Balkov said he would vote for Canadians if Senft voted for a Ukrainian pair."The athletes are not competing on a fair playing field," Senft later told CBC News. "This isn't sport. Somebody had to get proof."
  • were made. (Ice dancing was not removed from Olympic competition.) "If [cheating] happens at the world championships in some small town, nobody notices," Pound said, according to The New York Times. "But in the Olympics, hundreds of millions of people are watching."
  • The Russian team of Elena Berezhnaya and Anton Sikharulidze edged Canadians Jamie Sale and David Pelletier for the gold medal. But Marie-Reine Le Gougne, a French judge, came forward, saying she was pressured by the French ice sports federation to put the Russians first. “I knew very well who would vote in favor of the Russians and who would vote in favor of the Canadians," she told Reuters. "I was almost certain that I was the one who would award the Olympic title. What I feared would happen really did.”
  • Le Gougne was suspended from judging for three years and banned from the 2006 Winter Games. The scandal led to sweeping judging reforms in the sport. 
Javier E

Opinion | Trump taking the Fifth should disqualify him from office - The Washington Post - 0 views

  • taking the Fifth — especially concerning his alleged misconduct related to the attempted coup — should disqualify him from the presidency.
  • a president “has a constitutional as well as a moral duty to see to it that the laws are faithfully executed — not just a passive duty to avoid violating the law, a duty everyone of course shares, but an active duty to ensure that the law is fully enforced as well as complied with. That active duty arguably includes an obligation to avoid invoking various otherwise available privileges — including the privilege to withhold criminally incriminating information.”
  • “In that special sense, a president or a former president, more than any other public official or private citizen, arguably betrays his or her duty to the American people by taking the Fifth.”
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  • “Fealty to the law meant nothing to him. The country’s interests meant nothing to him. The only oath he has taken is to his own greed and self-preservation.” But that does not mean voters can ignore the obvious conflict that occurs when someone simultaneously thwarts a government investigation and pledges to enforce the Constitution.
  • Tribe notes that Article VI of the Constitution specifies that public officials must take an oath “not just to obey the Constitution and laws of the United States but ‘to support this Constitution.’ ”
  • In other words, should members of Congress implicated in the plot to overturn the 2020 election choose to take the Fifth, they would be setting up a conflict between their self-interest and the interest in upholding and supporting the Constitution
  • True, the Constitution spells out no disqualifications for federal office, other than conviction through impeachment and Section 3 of the 14th Amendment, which bars a person from office if they have “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
  • voters certainly should consider the underlying conflict when a candidate for office takes the Fifth, especially when the issue goes to the core of our democracy.
  • Defenders might insist that Trump has not been convicted of any crime. But voters are allowed to draw their own conclusions about not only his underlying conduct but also his refusal to testify.
  • there is a “bond” between an official and the people of the nation, which is “created by election or appointment and also cemented by the oath of office.” Just as a civil jury can draw an adverse conclusion from Trump’s refusal to answer questions, “it should be disqualifying for Trump if he seeks to run again.”
  • Taking the Fifth is their prerogative, but it is the prerogative of voters to hold it against them as evidence that they are putting themselves above the interests of the country.
Javier E

Supreme Court Adopts Ethics Code After Reports of Undisclosed Gifts and Travel - The Ne... - 0 views

  • In a statement, the justices said they had established the code of conduct “to set out succinctly and gather in one place the ethics rules and principles that guide the conduct of the members of the court.” Left unclear was how the rules would be enforced or by whom.
  • The code, laid out over nine pages, does not place specific restrictions on gifts, travel or real estate deals. But it does caution the justices that they should not take part in outside activities that “detract from the dignity of the justice’s office,” “interfere with the performance of the justice’s official duties,” “reflect adversely on the justice’s impartiality” or “lead to frequent disqualification.”
  • The rules also prohibit justices from allowing “family, social, political, financial or other relationships to influence official conduct or judgment.” The document cites examples of when justices must recuse themselves from a case, including when they have a “personal bias” or a financial interest.
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  • “This is a small but significant step in the right direction,”
  • she was troubled by the court’s failure to acknowledge past transgressions and the lack of a mechanism to enforce the new restrictions.
  • “It’s good that they did this,” he said. “It’s good that they feel some obligation to respond to public criticism and act like they care.”But, he added, “in terms of the content, it doesn’t seem to move the ball much.”
  • The main difference between the new code and the one that applies to other federal judges is in its treatment of recusal. In commentary the court issued along with the code, the justices said they must be wary of disqualifying themselves from cases because — unlike judges on lower courts — they cannot be replaced when they do
  • “Because of the broad scope of the cases that come before the Supreme Court and the nationwide impact of its decisions,” the commentary said, the provision on recusal “should be construed narrowly.”
  • In all, said James Sample, a law professor at Hofstra University, the new code is a modest improvement.“Will this code of conduct solve the problems?” he asked. “No. There will certainly be questions as to enforcement. There will be questions as to details, and you can quibble over certain of the provisions. But this is a significant step.”
Javier E

Opinion | How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cas... - 0 views

  • The U.S. Department of Justice — including the U.S. attorney for the District of Columbia, an appointed U.S. special counsel and the solicitor general, all of whom were involved in different ways in the criminal prosecutions underlying these cases and are opposing Mr. Trump’s constitutional and statutory claims — can petition the other seven justices to require Justices Alito and Thomas to recuse themselves not as a matter of grace but as a matter of law.
  • The Justice Department and Attorney General Merrick Garland can invoke two powerful textual authorities for this motion: the Constitution of the United States, specifically the due process clause, and the federal statute mandating judicial disqualification for questionable impartiality, 28 U.S.C. Section 455.
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