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Legal scholar Jonathan Turley rips Colorado decision to disqualify Trump from presidential ballot: ‘This country is a powder keg, and this court is just throwing matches at it’
By Stephen M. Lepore For Dailymail.Com02:06 20 Dec 2023, updated 02:35 20 Dec 2023
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- clause of the 14th Amendment for his role in January 6 in a 4-3 decision
- Turley, a professor of law and Fox News legal analyst, believes the ruling endangers American democracy
- ‘I mean, this country is a powder keg, and this court is just throwing matches at it. And I think that it’s a real mistake. But I think that they’re wrong on the law’
Legal scholar Jonathan Turley slammed the Colorado Supreme Court for its ruling that removed former President Donald Trump from the state’s 2024 Republican primary ballot.
‘Well, this court just handed partisans on both sides the ultimate tool to try to shortcut elections, and it’s very, very dangerous,’ Turley said on Fox News moments after the decision.
‘I mean, this country is a powder keg, and this court is just throwing matches at it. And I think that it’s a real mistake. But I think that they’re wrong on the law,’ Turley added.
The court ruled Trump violated the insurrectionist clause of the 14th Amendment for his role in January 6 in a 4-3 decision from Democratic-appointed justices.
Turley, a professor of law and Fox News legal analyst, added he believes the ruling endangers American democracy.
Turley, speaking to Fox’s Laura Ingraham, also disagrees with the court’s premise on January 6.
‘You know, January 6 was many things, most of it not good. In my view it was not an insurrection. It was a riot,’ he said.
He said while he understands those in violation of the law that day should face consequences, the ruling against Trump goes a step too far.
‘That doesn’t mean that the people responsible for that day shouldn’t be held accountable. But to call this an insurrection, for the purposes of disqualification, would create a slippery slope for every state in the Union.’
Turley concluded by saying that this gets in the way of free and fair elections just ahead of the start of primary season.
‘This is a time when we actually need democracy. We need to allow the voters to vote. We need to hear their decision. And the court here just said, “You’re not going to get that in Colorado. We’re not going to let you vote for Donald Trump,”‘ he said.
‘And you know you can dislike Trump, you can believe he’s responsible for January 6 but this isn’t the way to do it. I mean, it is, you know, for the people that say they’re trying to protect democracy. This is hands down the most anti-Democratic opinion I’ve seen in my life.’
The 14th Amendment was approved after the Civil War and bars officials from seeking future office should they have ‘engaged in insurrection.’
‘A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,’ the court wrote.
It is the first time in history the Constitution’s ‘insurrection clause’ has been used to disqualify a presidential candidate.
The decision may not stick – with Trump campaign spokesman Steven Cheung confirming Tuesday evening that the ex-president would appeal it to the Supreme Court.
‘We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits,’ Cheung said.
Republican National Committee Chair Ronna Romney McDaniel called the decision ‘election interference’ and indicated the RNC would also fight it in court.
She said the RNC’s legal team ‘looks forward to helping fight for a victory.’
The Colorado Supreme Court’s decision comes after a district court ruled that while Trump incited an insurrection – the January 6, 2021 Capitol attack – the provision in the Constitution was unclear whether it was intended to bar candidates for the presidency.
The lawsuit was filed by the Washington, D.C.-based group, Citizens for Responsibility and Ethics in Washington, on behalf of six Colorado voters, some Republican and some unaffiliated with a political party.
The lawsuit pointed to Trump’s role in the January 6 Capitol attack and also his efforts to overturn the 2020 presidential election.
The court found ‘by clear and convincing evidence’ that Trump engaged in an insurrection as defined by the Fourteenth Amendment.
The court found the section to be ‘self-executing,’ meaning further action by Congress was not required.
WHAT DOES SECTION 3 OF THE 14TH AMENDMENT SAY?
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.
It found the District Court ‘did not err’ when it determined that January 6 constituted an ‘insurrection.’
It did so by citing Trump’s January 6 speech, where he told a crowd on the Ellipse to ‘fight like hell,’ ruling that it was not protected speech under the First Amendment.
‘The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot,’ the court ruled.
It acknowledged the certain appeal, staying the decision until January 4 to allow for time.
And it included the caveat: ‘We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.’
The judges that voted in favor of the ruling had been appointed by Democratic governors.
Cheung and other Republicans pointed this out, with the Trump campaign spokesman also dubbing CREW’s lawsuit a ‘Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden.’
‘Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls. They have lost faith in the failed Biden presidency and are now doing everything they can to stop the American voters from throwing them out of office next November,’ Cheung said.
Also piling on was Eric Trump, who made reference to how Trump’s poll numbers have jumped even while he faces four criminal prosecutions.
‘Prediction: This Colorado decision will add 5%+ points to @realDonaldTrump already runaway polls,’ he posted on X.
Republican presidential candidate Vivek Ramaswamy volunteered to pull his name off Colorado’s March 5 Republican primary ballot in protest.
‘I pledge to *withdraw* from the Colorado GOP primary unless Trump is also allowed to be on the state’s ballot, and I demand that Ron DeSantis, Chris Christie, and Nikki Haley to do the same immediately – or else they are tacitly endorsing this illegal maneuver which will have disastrous consequences for our country,’ he posted Tuesday night on X.
CREW’s president and the plaintiffs cheered Tuesday’s decision.
‘The court’s decision today affirms what our clients alleged in this lawsuit: that Donald Trump is an insurrectionist who disqualified himself from office under Section 3 of the 14th Amendment based on his role in the January 6th attack on the Capitol, and that Secretary Griswold must keep him off of Colorado’s primary ballot. It is not only historic and justified, but is necessary to protect the future of democracy in our country,’ said CREW President Noah Bookbinder in a statement.
‘Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government. It has been an honor to represent the petitioners, and we look forward to ensuring that this vitally important ruling stands,’ Bookbinder added.
One of the plaintiffs, Norma Anderson, was the former Republican Colorado House and Senate leader.
‘My fellow plaintiffs and I brought this case to continue to protect the right to free and fair elections enshrined in our Constitution and to ensure Colorado Republican primary voters are only voting for eligible candidates. Today’s win does just that,’ she said in a statement.
‘Long before this lawsuit was filed, I had already read Section 3 of the 14th Amendment and concluded that it applied to Donald Trump, given his actions leading up to and on January 6th. I am proud to be a petitioner, and gratified that the Colorado Supreme Court arrived at the same conclusion we all did,’ she added.
Share or comment on this article: Legal scholar Jonathan Turley rips Colorado decision to disqualify Trump from presidential ballot: ‘This country is a powder keg, and this court is just throwing matches at it’
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The January 6 Insurrection Hoax
• Volume 50, Number 9 • Roger Kimball
Roger Kimball
Editor and Publisher, The New Criterion
Roger Kimball is editor and publisher of The New Criterionand publisher of Encounter Books. He earned his B.A. from Bennington College and his M.A. and M.Phil. in philosophy from Yale University. He has written for numerous publications, including The Wall Street Journal and The New York Times Book Review, and is a columnist for The Spectator World, American Greatness, and The Epoch Times. He is editor or author of several books, including The Long March: How the Cultural Revolution of the 1960s Changed America, The Rape of the Masters: How Political Correctness Sabotages Art, Tenured Radicals: How Politics Has Corrupted Our Higher Education, and Vox Populi: The Perils and Promises of Populism.
The following is adapted from a lecture delivered at Hillsdale College on September 20, 2021, during a Center for Constructive Alternatives conference on “Critical American Elections.”
Notwithstanding all the hysterical rhetoric surrounding the events of January 6, 2021, two critical things stand out. The first is that what happened was much more hoax than insurrection. In fact, in my judgment, it wasn’t an insurrection at all.
An “insurrection,” as the dictionary will tell you, is a violent uprising against a government or other established authority. Unlike the violent riots that swept the country in the summer of 2020—riots that caused some $2 billion in property damage and claimed more than 20 lives—the January 6 protest at the Capitol building in Washington, D.C. lasted a few hours, caused minimal damage, and the only person directly killed was an unarmed female Trump supporter who was shot by a Capitol Police officer. It was, as Tucker Carlson said shortly after the event, a political protest that “got out of hand.”
At the rally preceding the events in question, Donald Trump had suggested that people march to the Capitol “peacefully and patriotically”—these were his exact words—in order to make their voices heard. He did not incite a riot; he stirred up a crowd. Was that, given the circumstances, imprudent? Probably. Was it an effort to overthrow the government? Hardly.
I know this is not the narrative that we have all been instructed to parrot. Indeed, to listen to the establishment media and our political masters, the January 6 protest was a dire threat to the very fabric of our nation: the worst assault on “our democracy” since 9/11, since Pearl Harbor, and even—according to Joe Biden last April—since the Civil War!
Note that phrase “our democracy”: Nancy Pelosi, Joe Biden, and various talking heads have repeated it ad nauseam. But you do not need an advanced degree in hermeneutics to understand that what they mean by “our democracy” is their oligarchy. Similarly, when Pelosi talks about “the people’s house,” she doesn’t mean a house that welcomes riff-raff like you and me.
I just alluded to Ashli Babbitt, the unarmed supporter of Donald Trump who was shot and killed on January 6. Her fate brings me to the second critical thing to understand about the January 6 insurrection hoax. Namely, that it was not a stand-alone event.
On the contrary, what happened that afternoon, and what happened afterwards, is only intelligible when seen as a chapter in the long-running effort to discredit and, ultimately, to dispose of Donald Trump—as well as what Hillary Clinton might call the “deplorable” populist sentiment that brought Trump to power.
In other words, to understand the January 6 insurrection hoax, you also have to understand that other long-running hoax, the Russia collusion hoax. The story of that hoax begins back in 2015, when the resources of the federal government were first mobilized to spy on the Trump campaign, to frame various people close to Trump, and eventually to launch a full-throated criminal investigation of the Trump administration.
From before Trump took office, the Russia collusion hoax was used as a pretext to create a parallel administration shadowing the elected administration. Remember the Steele dossier, the fantastical document confected by the “well-regarded” former British spy Christopher Steele? We know now that it was the only relevant predicate for ordering FISA warrants to spy on Carter Page and other American citizens.
But in truth, the Steele dossier was just opposition dirt covertly paid for by the Democratic National Committee and the Hillary Clinton campaign. From beginning to end, it was a tissue of lies and fabrications. Everyone involved knew all along it was garbage—rumors and fantasies fed to a gullible Steele by shady Russian sources. But it was nonetheless used to deploy, illegally, the awesome coercive power of the state against a presidential candidate of whom the ruling bureaucracy and its favored candidate disapproved.
The public learned that the Democratic National Committee paid for the manufactured evidence only because of a court order. James Comey, the disgraced former director of the FBI, publicly denied knowing who paid for it, but emails from a year earlier prove that he knew all along. And what was the penalty for lying in Comey’s case? He got a huge book deal and toured the country denouncing Trump to the gleeful satisfaction of his anti-Trump audiences.
What was true of Comey was also true of the entire intelligence apparat, from former CIA Director John Brennan to Congressman Adam Schiff and other Democratic members of the House Intelligence Committee to senior members of the FBI. All these people said publicly that they had seen clear evidence of collusion with Russia. But they admitted under oath behind closed doors that they hadn’t.
General Michael Flynn, Trump’s original National Security Advisor, had his career ruined and was bankrupted as part of this political vendetta. Meanwhile James Comey, Andrew McCabe, Lisa Page, John Brennan, Peter Strzok, and all the rest of the crew at the FBI, the CIA, and other intelligence agencies suffered nothing. When it came to light that an FBI lawyer altered an email in order to help get a FISA warrant—in other words, that he doctored evidence to spy on a political opponent, which is a felony—he got probation.
The recent news that Special Counsel John Durham is indicting Michael Sussman, a lawyer who covertly worked for the Clinton campaign and lied to the FBI, is welcome news. But it seems like small beer given the rampant higher-level corruption that saturated the Russia collusion hoax.
At least 74 million citizens voted for Donald Trump in 2020, which is at least 11 million more than voted for him in 2016. Many of those voters are profoundly disillusioned and increasingly angry about this entire story—the years-long Robert Mueller “investigation,” the two impeachments of President Trump, the cloud of unknowing that surrounds the 2020 election, and the many questions that have emerged not only from the January 6 protest at the Capitol, but even more from the government’s response to that protest.
Which brings me back to Ashli Babbitt, the long-serving Air Force veteran who was shot and killed by a nervous Capitol Police officer. Babbitt was a useful prop when the media was in overdrive describing the January 6 events as an “armed insurrection” in which wild Trump supporters, supposedly at Trump’s instigation, attacked the Capitol with the intention of overturning the 2020 election.
According to that narrative, five people, including Babbitt, died in the skirmish. Moreover, it was said, Capitol Police Officer Brian Sicknick was bludgeoned to death by a raging Trump supporter wielding a fire extinguisher. That gem of a story about the fire extinguisher, reported in our former paper of record, The New York Times, was instantly picked up by other media outlets and spread like a Chinese virus.
Of course, it is absolutely critical to the Democratic Party narrative that the January 6 incident be made to seem as violent and crazed as possible. Hence the comparisons to 9/11, Pearl Harbor, and the Civil War. Only thus can pro-Trump Americans be excluded from “our democracy” by being branded as “domestic extremists” if not, indeed, “domestic terrorists.”
The Sixth Amendment to the Constitution accords American citizens the right to a speedy trial. But most of the political prisoners of January 6—many of whom have been kept in solitary confinement—are still waiting to be brought to trial. And although the media was full of predictions that they would be found guilty of criminal sedition, none has.
Indeed, the prosecution’s cases seem to be falling apart. Most of the hundreds who have been arrested are being charged with trespassing. Another charge being leveled against them is “disrupting an official proceeding.” This is a felony charge designed not for ceremonial procedures like the January 6 certification of the vote, but rather for disrupting Congressional inquiries—for example, by shredding documents relevant to a Congressional investigation. It originated during the George W. Bush administration to deal with the Enron case.
The indisputable fact about January 6 is that although five people died at or near the Capitol on that day or soon thereafter, none of these deaths was brought about by the protesters. The shot fired by Capitol Police Officer Michael Byrd that hit Ashli Babbitt in the neck and killed her was the only shot fired at the Capitol that day. No guns were recovered from the Capitol on January 6. Zero.
The liberal commentator Glenn Greenwald further diminished the “armed insurrection” narrative in an important column last February titled “The False and Exaggerated Claims Still Being Spread About the Capitol Riot.” The title says it all. Kevin Greeson, Greenwald notes, was killed not by the protesters but died of a heart attack outside the Capitol. Benjamin Philips, the founder of a pro-Trump website called Trumparoo, died of a stroke that day. Rosanne Boyland, another Trump supporter, was reported by The New York Times to have been inadvertently “killed in a crush of fellow rioters during their attempt to fight through a police line.” But later video shows that, far from that, the police pushed protesters on top of Boyland and would not allow other protesters to pull her out.
Four of the five who died, then, were pro-Trump protesters. And the fifth? Well, that was Officer Sicknick—also a Trump supporter, as it turned out—who, contrary to the false report gone viral of The New York Times, went home, told his family he felt fine, but died a day later from, as The Washington Post eventually and grudgingly reported, “natural causes.” No fire extinguishers were involved in his demise.
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The January 6 insurrection hoax prompts lots of questions.
Why, for example, did the government mobilize 26,000 federal troops from all across the country to surround “the people’s house” following January 6? Why were those troops subjected to FBI vetting, with some of them sent packing?
Why is there some 14,000 hours of video footage of the event on January 6 that the government refuses to release? What are they afraid of letting the public see? More scenes of security guards actually opening doors and politely ushering in protesters? More pictures of FBI informants covertly salted among the crowd?
My own view is that turning Washington into an armed camp was mostly theater. There was no threat that the Washington police could not have handled. But it was also a show of force and an act of intimidation. The message was: “We’re in charge now, rubes, and don’t you forget it.”
In truth, there is little threat of domestic terror in this country. But there is plenty of domestic conservatism. And that conservatism is the real focus of the establishment’s ire.
It is important to note that while the government provides the muscle for this war on dissent, the elite culture at large is a willing accomplice. Consider, for example, the open letter, signed by more than 500 “publishing professionals” (authors, editors, designers, and so on), calling on the industry to reject books written by anyone who had anything to do with the Trump administration.
These paragons pledged to do whatever they could to stop “enriching the monsters among us.” But here’s their problem: over 74 million people voted for Trump. That’s a lot of monsters.
Many people have been quoting Benjamin Franklin’s famous response when asked what sort of government they had come up with at the Constitutional Convention of 1787. “A republic,” Franklin said, “if you can keep it.” Right now, it looks like we can’t. It looks as if the American constitutional republic has given way, as least temporarily, to an American oligarchy.
As the years go by, historians, if the censors allow them access to the documents and give them leave to publish their findings, may well count the 2016 presidential election as the last fair and open democratic election in U.S. history. I know we are not supposed to say that. I know that the heads of Twitter and Facebook and other woke guardians of the status quo call this view “The Big Lie” and do all they can to suppress it. But every honest person knows that the 2020 election was tainted.
The forces responsible for the taint had tried before. Hitherto, their efforts had met with only limited success. But a perfect storm of forces conspired to make 2020 the first oligarchic installation of a president. It would not have happened, I think, absent the panic over the Chinese virus. But that panic, folded in a lover’s embrace by the Democratic establishment, was not only a splendid pretext to clamp down on civil liberties; it also provided an inarguable excuse to alter the rules for elections in several key states.
“Inarguable” is not quite the right word. There could have been plenty of arguments, and many lawsuits, against the way the executive branches in these states usurped the constitutionally guaranteed prerogative of state legislatures to set the election rules when they intervened to allow massive mail-in voting. But the Trump administration, though foreseeing and complaining about the executive interventions, did too little too late to make a difference.
Among the many sobering realities that the 2020 election brought home is that in our current and particular form of oligarchy, the people do have a voice, but it is a voice that is everywhere pressured, cajoled, shaped, and bullied. The people also have a choice, but only among a roster of candidates approved by the elite consensus.
The central fact to appreciate about Donald Trump is that he was elected president without the permission, and over the incredulous objections, of the bipartisan oligarchy that governs us. That was his unforgivable offense. Trump was the greatest threat in history to the credentialed class and the globalist administrative state upon which they feed. Representatives of that oligarchy tried for four years to destroy Trump. Remember that the first mention of impeachment came 19 minutes after his inauguration, an event that was met not only by a widespread Democratic boycott and hysterical claims by Nancy Pelosi and others that the election had been hijacked, but also by riots in Washington, D.C. that saw at least six policemen injured, numerous cars torched, and other property destroyed.
You will search in vain for media or other ruling class denunciations of that violence, or for bulletins from corporate America advising their customers of their solidarity with the newly-installed Trump administration. As the commentator Howie Carr noted, some riots are more equal than others. Some get you the approval of people like Nancy Pelosi and at least the grudging acceptance of oligarchs of the other party. Others get the FBI sweeping the country for “domestic terrorists” and the lords of Big Tech canceling people who defend the protesters’ cause.
Someday—maybe someday soon—this witches’ sabbath, this festival of scapegoating, and what George Orwell called the “hideous ecstasy” of hate will be at an end. Perhaps someday people will be aghast, and some will be ashamed, of what they did to the President of the United States and people who supported him: the chairman of the House Homeland Security Committee, for instance, proposing to put Senator Ted Cruz on a “no fly” list, and Simon & Schuster canceling Senator Josh Hawley’s book contract.
Donald Trump is the Emmanuel Goldstein (the designated principal enemy of the totalitarian state Oceania in Orwell’s 1984) of the movement. But minor public enemies are legion. Anyone harboring “Trumpist” inclinations is suspect, hence the widespread calls for “deprogramming” Trump’s supporters, who are routinely said to be “marching toward sedition.”
Michael Barone, one of our most perceptive political commentators, got it right when he wrote of the rapid movement “from impeaching incitement to canceling conservatism.” That is the path our oligarchs are inviting us to travel now, criminalizing political dissent and transforming policy differences into a species of heresy. You don’t debate heretics, after all. You seek to destroy them.
Donald Trump’s accomplishments as president were nothing less than stunning. Trump was, and is, a rude force of nature. He accomplished an immense amount. But he lacked one thing. Some say it was self-discipline or finesse. I agree with a friend of mine who suggested that Trump’s critical flaw was a deficit in guile. That sounds odd, no doubt, since Trump is supposed to be the tough guy who mastered “the art of the deal.” But I think my friend is probably right. Trump seems never to have discerned what a viper’s nest our politics has become for anyone who is not a paid-up member of The Club.
Maybe Trump understands this now. I have no insight into that question. I am pretty confident, though, that the 74 plus million people who voted for him understand it deeply. It’s another reason that The Club should be wary of celebrating its victory too expansively.
Friedrich Hayek took one of the two epigraphs for his book, The Road to Serfdom, from the philosopher David Hume. “It is seldom,” Hume wrote, “that liberty of any kind is lost all at once.” Much as I admire Hume, I wonder whether he got this quite right. Sometimes, I would argue, liberty is erased almost instantaneously.
I’d be willing to wager that Joseph Hackett, confronted with Hume’s observation, would express similar doubts. I would be happy to ask Mr. Hackett myself, but he is inaccessible. If the ironically titled “Department of Justice” has its way, he will be inaccessible for a long, long time—perhaps as long as 20 years.
Joseph Hackett, you see, is a 51-year-old Trump supporter and member of an organization called the Oath Keepers, a group whose members have pledged to “defend the Constitution against all enemies foreign and domestic.” The FBI does not like the Oath Keepers—agents arrested its leader in January and have picked up many other members in the months since. Hackett traveled to Washington from his home in Florida to join the January 6 rally. According to court documents, he entered the Capitol at 2:45 that afternoon and left some nine minutes later, at 2:54. The next day, he went home. On May 28, he was apprehended by the FBI and indicted on a long list of charges, including conspiracy, obstruction of an official proceeding, destruction of government property, and illegally entering a restricted building.
As far as I have been able to determine, no evidence of Hackett destroying property has come to light. According to his wife, it is not even clear that he entered the Capitol. But he certainly was in the environs. He was a member of the Oath Keepers. He was a supporter of Donald Trump. Therefore, he must be neutralized.
Joseph Hackett is only one of hundreds of citizens who have been branded as “domestic terrorists” trying to “overthrow the government” and who are now languishing, in appalling conditions, jailed as political prisoners of an angry state apparat.
Hayek’s overriding concern in The Road to Serfdomwas to combat the forces that were pushing people further along that road to servitude. His chief concern was unchecked state power. In a new preface to the book’s 1956 edition, Hayek noted that one of its “main points” was to document how “extensive government control produces a psychological change, an alteration in the character of the people.”
“This means,” Hayek wrote, “that even a strong tradition of political liberty is no safeguard if the danger is precisely that new institutions and policies will gradually undermine and destroy that spirit.”
This dismal situation, Hayek continues, can be averted, but only if the spirit of liberty “reasserts itself in time and the people not only throw out the party which has been leading them further and further in the dangerous direction but also recognize the nature of the danger and resolutely change their course.”
Note the power of that little word “if.” It was not so long ago that an American could contemplate totalitarian regimes and say, “Thank God we’ve escaped that.” It’s not at all clear that we can entertain that happy conviction any longer.
That’s one melancholy lesson of the January 6 insurrection hoax: that America is fast mutating from a republic, in which individual liberty is paramount, into an oligarchy, in which conformity is increasingly demanded and enforced.
Another lesson was perfectly expressed by Donald Trump when he reflected on the unremitting tsunami of hostility that he faced as President. “They’re after you,” he more than once told his supporters. “I’m just in the way.”
Bingo.
Dershowitz Warns Against ‘New McCarthyism’ of Left
Attorney Alan Dershowitz, in 2020 when he was a member of President Donald Trump’s legal team. (Sarah Silbiger/Getty Images)By Newsmax Wires
Sunday, 14 Feb 2021 1:56 PM
Former Harvard law professor Alan Dershowitz on Sunday blasted the “new McCarthyism” of the Democrats’ “hard left.”
In an interview on Fox News’ “Sunday Morning Futures,” Dershowitz, a constitutional law expert, said some liberals have become radical censors of free speech.
“Common Cause, which purports to be a liberal, not a radical organization, has now demanded that Facebook keep Donald Trump off its platform,” he said. “We are getting liberals… [calling for] Fox News [to be] taken off the networks. I hated communism but I defended the rights of lawyers to defend accused communists.”
“If any lawyer is the subject of this kind of McCarthyism, I will represent you pro bono, in front of universities and bar associations,” he added. “I will dedicate myself that the new McCarthyism of the hard left doesn’t become American culture.”
Dershowitz called the Senate trial acquittal of former President Donald Trump a “great day” for the Constitution and Senate Minority Leader Mitch McConnell, R-Ky., — but “not such a good day” for Trump himself.
“McConnell “taught us a civic’s lesson: You don’t have to support President Trump or Donald Trump, you don’t have to agree with the speech, but support the First Amendment and the Constitution’s limitations on the power of the Senate to put a former president on trial,” he said.
“McConnell accepted the constitutional argument I’ve been making from the very beginning — that Congress has no power to put on trial Citizen Trump.”
On the flip side, Dershowitz said, Saturday was “not such a good day for Donald Trump because McConnell and others criticized him.”
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Tucker Carlson Tonight 2/10/21 | Tucker Carlson Tonight February 10, 2021
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Alan Dershowitz to Newsmax TV: Dems Making Trump’s Case
By Eric Mack
Wednesday, 10 Feb 2021 5:35 PM
In laying out a long-running objection to election fraud by former President Donald Trump, House impeachment managers are effectively making the case for the defense because the speech under the microscope is protected, even if they disagree with it, according to constitutional law expert Alan Dershowitz on Newsmax TV.
“Very good theater, terrible constitutional law,” Dershowitz told “The Chris Salcedo Show” of the House Democrats’ opening statements Wednesday.
“The videos make good theater; they’re very riveting,” the noted legal scholar said. “”But they prove President Trump’s constitutional defense.”
House Democrats are emphasizing that Trump had long argued the election was stolen, but then they show how the president challenged it “by all lawful means and all political means,” Dershowitz told host Chris Salcedo.
“The Constitution protects a person that says the Earth is flat as much as a person who says it’s round,” Dershowitz said. “The Constitution protects a Holocaust denier as much as it does a historian who can prove that 6 million Jews were killed.
“And the Constitution, the First Amendment, protects a president who’s wrong about the election as much as a president who’s right.”
Instead of tying the lone article of impeachment — incitement of insurrection — solely on Trump’s Jan. 6 “Stop the Steal” rally speech, which was delivered at a rally just before the Capitol siege, House Democrat impeachment managers are making a case that he’d long objected to a stolen election as a predicate to inciting the storming of the U.S. Capitol Building.
“Matters of opinion cannot be disputed or taken outside of constitutional protections,” Dershowitz said. “So I think the House managers were actually helping the Trump defense by trying to prove that what he said was false.”
Dershowitz did suggest that Democrats’ gaffe might be part of a plan to “lay a trap” for Trump defense lawyers — getting them to argue the validity of a stolen-election claim, which could derail the president’s case.
“That would be a serious mistake, because it would lose a number of senators who are now on their side,” Dershowitz concluded.
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I have read several books by Alan Dershowitz and he is a liberal but he does look at the constitution honestly and here he has made some very insightful observations that I am sure will upset Democrats but nonetheless will not slow them down from impeaching the President a second time because of their hate of all things Trump!
Dershowitz: Senate Rules Would Prevent Impeachment Trial Of Trump
An image from video of Alan Dershowitz, an attorney for President Donald Trump, walking from the podium after speaking on behalf of the president during the impeachment trial in the Senate on Jan. 27, 2020. (Senate Television via AP)By Newsmax Wires
Sunday, 10 Jan 2021 2:42 PM
Harvard law professor and constitutional law expert Alan Dershowitz on Sunday warned an impeachment of President Donald Trump won’t go to trial — but could “lie around like a loaded weapon” for both parties in the future.
In an interview on Fox News’ “Sunday Morning Futures,” Dershowitz said a Senate trial of citizen Trump would be unconstitutional.
“It will not go to trial,” he said. “All Democrats can do is impeach the president in House of Representatives, for that you only need a majority vote.
“The case cannot come to trial in the Senate” because of rules that do no allow it until, “according to the Majority Leader [Mitch McConnell, R-Ky.), until 1 p.m. on Jan. 20” — an hour after Trump leaves office.
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“Congress has no power to impeach or try a private citizen, whether it’d be a private citizen in Donald Trump or …. Barack Obama or anyone else,” he said. “The jurisdiction is limited to a sitting president and so there won’t be a trial.”
But Dershowitz said he worried more about is“the impact of impeachment on the First Amendment.”
“For 100 years the Supreme Court and other courts have struggled to develop a juris prudence which distinguishes between advocacy and incitement.”
“To impeach a president for having exercised his First Amendment rights would be so dangerous to the Constitution, it would lie around like a loaded weapon ready to be used by either party against the other party and that’s not what impeachment nor the 25th amendment were intended to be,” Dershowitz said.
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Mark Levin Podcast * Mark’s radio show | 08 January 2021
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Levin: Media ‘exploiting’ Capitol riot to ‘silence conservatives’ as Democrats work to ‘choke the system’
‘The media have played a huge, huge role in what’s going on in this country,’ says ‘Life, Liberty & Levin’ host
The mainstream media is “exploiting” Wednesday’s riot at the U.S. Capitol building in an effort to “silence” conservatives and Republicans, Mark Levin says on this week’s episode of “Life, Liberty & Levin.”
The host emphasizes that “we should be furious about what happened on Capitol Hill,” but adds that “the media have played a huge, huge role in what’s going on in this country.”
“We need to reject all this violence, but what about the media?” asks Levin before displaying front pages of various newspapers from around the country.
“The New York Times: ‘Trump Incites Mob’. This is projection,” Levin contends. “This is projection. He never did that. Or The Washington Post: ‘Trump mob storms Capitol’. There were hundreds and hundreds of thousands of people there … That’s an awfully broad brush. Or the [New York] Daily News: ‘President Incites Insurrection’ … or USA Today: ‘Pro-Trump Mobs Storm US [sic] Capitol’. How about ‘Thugs Storm U.S. Capitol’? How about ‘Lawbreakers Storm U.S. Capitol’?”
Levin then calls out politicians like Rep. Adam Kinzinger, R-Ill., and Senate Minority Leader Chuck Schumer, D-N.Y., who he says are also “exploiting the situation.”
“They’re talking about impeaching the president of the United States or [invoking] the 25th Amendment nine days before he leaves office,” the host says. “Do they even know what’s involved in the 25th Amendment?
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“So they double down, they triple down, they quadruple down. They’re not going to change at all. On one side of their mouth, they talk about unity. Out of the other side of their mouth, they spit on people,” he goes on. “Seventy-four million [Trump-voting] people and more, they’re not going away. Their concerns still exist.”
Meanwhile, Levin says, House Democrats are working toward their goal to “choke the system even further” by passing a rules package for the 117th Congressthat makes it “virtually impossible for Republicans to even propose legislation or amend legislation, even though [they] only has a 10- or 11-person majority in the House.”
“Nancy Pelosi … eliminated 100 years of tradition …”, the host argues, “and the media are trying to intimidate conservatives and constitutionalists by projecting onto them the violence that occurred by reprobates and others who need to be tracked down and punished.
“So it seems that the lessons have not been learned,” Levin concludes. “They certainly haven’t been learned by the left, they certainly haven’t been learned by the media, and they certainly haven’t been learned by the Never Trumpers.”
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December 13, 2020
Office of Barack and Michelle Obama
P.O. Box 91000
Washington, DC 20066
Dear President Obama,
I wrote you over 700 letters while you were President and I mailed them to the White House and also published them on my blog http://www.thedailyhatch.org .I received several letters back from your staff and I wanted to thank you for those letters.
I have been reading your autobiography A PROMISED LAND and I have been enjoying it.
Let me make a few comments on it, and here is the first quote of yours I want to comment on:
The story of how this postwar consensus broke down—starting with LBJ’s signing of the Civil Rights Act of 1964 and his prediction that it would lead to the South’s wholesale abandonment of the Democratic Party—has been told many times before. The realignment Johnson foresaw ended up taking longer than he had expected. But steadily, year by year—through Vietnam, RIOTS…and Nixon’s southern strategy; through busing, Roe v. Wade, urban crime, and white flight; through affirmative action, the Moral Majority, union busting, and Robert Bork; through assault weapons bans and the rise of Newt Gingrich…and the Clinton impeachment—America’s voters and their representatives became more and more polarized.
During 2020 I have noticed lots of riots and looting across the USA and I wanted to ask you why it is always the liberals doing that? AND WHY DIDN’T ANYONE CONDEMN THESE ACTIONS AT THE 2020 CONVENTION AND DIDN’T YOU SPEAK AT THE CONVENTION TOO?
Philadelphia Riots Another Case of Street Violence Used to Advance Radical Political Agendas
Philadelphia Riots Are Another Case of Street Violence Used to Advance Radical Political Agendas
James Carafano / @JJCarafano / October 28, 2020 / 4 Comments
In Kenosha, Portland, Seattle, and Chicago, city officials have tolerated criminal activity performed by mobs for politically motivated reasons. Philadelphia appears to be the next hotspot for mob violence to go unchecked. Pictured: A barricade is set on fire during a night of looting and violence in Philadelphia on Oct. 27. (Photo: Gabriella Audi/AFP/Getty Images)
COMMENTARY BY
James Jay Carafano, a leading expert in national security and foreign policy challenges, is The Heritage Foundation’s vice president for foreign and defense policy studies, E. W. Richardson fellow, and director of the Kathryn and Shelby Cullom Davis Institute for International Studies. Read his research.
Like the replay of a bad movie, a law enforcement incident in Philadelphia triggered an excuse for violence and looting. It remains to be seen whether the City of Brotherly Love will become the next “Kenosha,” where city officials moved quickly to restore order and seek state and federal support—though sadly after 48 hours of opportunistic looting, violence, and destruction devastated the city.
Or perhaps Philadelphia will be the next Portland, Seattle, or Chicago, where systemic attacks seem to be a daily occurrence.
Police in Philadelphia are fully capable of restoring peace. The open question is whether the mayor and Larry Krasner, the former defense attorney-turned elected rogue prosecutor, will do their job and hold people accountable for their crimes.
When local, state, and federal governments work together, act quickly, and demonstrate no tolerance for organized violence to advance radical agendas, communities are kept safe and equal protection under the law is afforded for all citizens.
The left is actively working to undermine the integrity of our elections. Read the plan to stop them now. Learn more now >>
On the other hand, when local officials, the media, and politicians ignore, excuse, normalize, and enable violence, everyday Americans pay the price.
There is a plague sweeping this country that many don’t want to talk about: The deliberate use of street violence to advance radical political agendas, often under a smoke screen of campaigning for civil liberties. The evidence of organized criminal activity at the root of the outbreaks in American cities is mounting.
The list of people enabling this violence sadly includes some public officials, who are principally responsible for ensuring public safety. For example, a growing threat to peaceful communities is “rogue prosecutors,” former criminal defense attorneys recruited and funded by liberal billionaire backers, who—once elected—abuse their office by refusing to prosecute entire categories of crimes.
These rogue prosecutors are usurping the power of the legislature in the process, and ignoring victim’s rights—all to advance their politics.
Baltimore is a perfect example. Since being sworn into office, under the watch of Baltimore City State’s Attorney Marilyn J. Mosby.
Rogue prosecutors fuel street violence by refusing to prosecute rioters and looters. When confronted with the rising crimes rates, Mosby called the statistics “rhetoric.”
The only way to break the cycle of violence is for local and state officials to work with each other, and if necessary, the federal government. They need to stop enabling the destruction of property and lives on their streets, and start investigating and prosecuting the individuals (and organizations) behind the riots.
It’s time to start shaming and calling out the media, politicians, and advocates who excuse and normalize the violence.
There is a proven action plan for making our streets safe. It is past time for officials to start following this blueprint.
There is no time—zero time to waste. There are already fears of more violence in our streets, regardless of the outcome of the national elections.
In my hometown of Washington, D.C., downtown buildings are already boarding up in anticipation of violence on our streets after the election. If Trump wins, violence. If Biden wins, violence. This makes no sense, and it’s time for it to stop.
It is time for every official and public figure, every political party, in every part of the country to publically reject violence on American streets as a legitimate form of protected speech. Violence is not protected speech, period.
The notion of deliberately destroying the lives and property of our neighbors to advance a radical political agenda is abhorrent. American leaders—of all stripes—should stand up now as one and reject these violent acts. It has gone on for too long, well before the death of George Floyd.
Leaders in Philadelphia and across America must take a principled stand to demand the end to this violence, and they need to do it before the election. In one voice, they should demand: “Leave our streets alone.”
Sincerely,
Everette Hatcher III, 13900 Cottontail Lane, Alexander, AR 72002, ph 501-920-5733 everettehatcher@gmail.com
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The chords and notes flowed out, as if the Lord was literally giving her a gift of music. “At first,” says Annie, “I’d get these beautiful melodies and I’d ask Buck to write the lyrics to go with them.” One day, Buck replied, “Annie, don’t think about writing a song- just sing whatever’s in your heart.” It was this encouragement that opened the way to Annie’s simple, and deeply intimate songs of praise and adoration.
Although the album was completed, the release date of The Roar of Love would be long delayed by contractual and copyright problems. Yet, the detours proved to be providential.
The Daily Hatch 
