https://revolution.radio/
Trump and the unarmed guy shot in the back by the cops have the exact same problem.
The similarities of 1) qualified immunity for the police and 2) our Constitutional right to, “. . . petition the Government for a redress of grievances.
The First Amendment
Religion And Free Expression
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Expert Witnesses
To see the voluminous marketing for expert witnesses just use these search terms. Include the quote marks. “expert witness directory” or “expert witness services” or “workers compensation ime”.
A Roundup of Recent Federal Court Decisions
In a series of events that can only be termed “unfortunate,” an Illinois inmate being processed for release to a halfway house is ordered to sign an “Electronic Detention Program Agreement” before trotting out the door. Man: But you’ve given me only the signature page of the agreement, and the top of the page says it “appl[ies] only to sex offender[s],” which I decidedly am not. What gives? Clinical services supervisor: Sign it! Man: But … why? Clinical services supervisor: Sign it! Man: No! Anyway, long story short, they issue him a disciplinary ticket and he’s kept in custody for another year and a half. Seventh Circuit (over a dissent): The man’s refusal to sign the agreement (which, it turns out, would have been binding on him whether he signed it or not) was protected speech, so his First Amendment retaliation claim against the supervisor can go to trial.
https://reason.com/volokh/2023/08/11/short-circuit-a-roundup-of-recent-federal-court-decisions-223/
Hour 2
Trump indicted with 18 others in Georgia election investigation – witnesses still being subpoenaed – go long bananas to fit in with the new socialist republic?
This must mean that Biden is about to face impeachment proceedings!
“Willis also said she has issued arrest warrants for all 19 defendants but gave them the opportunity to surrender voluntarily by Friday. In addition, Willis said she hopes to create a schedule that would start the trial in six months and plans to try all 19 defendants together.”
That’s nice of her.
“The 98-page indictment alleged a wide-ranging conspiracy, using the same racketeering laws that have been used to bring down the mob and drug cartels. It identified over 160 acts that prosecutors allege were part of the racketeering scheme, including Trump’s phone call to Georgia Secretary Of State Brad Raffensperger, asking him to find enough votes to declare Trump the winner, an effort to obtain a voting machine, and the submission of false information to the state Legislature.”
https://peterhalligan.substack.com/p/trump-indicted-with-18-others-in
All the President’s Men: The Ethics of Disputing the 2020 Election
When considering whether an attorney’s conduct negatively impacts the perception of the legal profession in the eyes of a member of the public, the court examines, among others, the substance of the actions or statement at issue, whether they were inartful slips of the tongue or spoken in the heat of the moment, whether they were an isolated incident, and whether they were undertaken in the attorney’s capacity as a client’s lawyer. Id. at 17, 279 A.2d at 950. In short, if the sum total of the improper statements “brings the legal profession into disrepute,” those actions will likely be viewed as prejudicial to the administration of justice. Id. at 19, 279 A.3d at 951. Given the case law, it is reasonable to think that a Maryland attorney who, like Mr. Giuliani, asserts false claims of voter fraud in court will likely find themselves under investigation for violations of Maryland Rule 19-308.4(d).
https://www.gdldlaw.com/blog/all-the-presidents-men-the-ethics-of-disputing-the-2020-election
Hey, what’s tricking a prisoner have to do with the first amendment?
Trump Is Disqualified from Being on Any Election Ballots
Section Three of the Fourteenth Amendment bans anyone from holding any federal office who has taken an oath to uphold the Constitution and who then breaks that oath by engaging in “insurrection or rebellion against the same.” Donald J. Trump is precisely such a person.
https://reason.com/volokh/2023/08/10/trump-is-disqualified-from-being-on-any-election-ballots/
* * *
Section Three of the Fourteenth Amendment is self-enforcing. It is “the supreme Law of the Land” binding on each of the 50 State Secretaries of State and their subordinates who draw up primary or general election ballots.
New Article on Insurrection, Rebellion, and Section Three of the Fourteenth Amendment
Michael Stokes Paulsen and I have a new draft article: The Sweep and Force of Section Three, that is forthcoming in the Pennsylvania Law Review.
Here is the abstract:
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three.
First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation.
Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications.
Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment.
Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.
https://reason.com/volokh/2023/08/11/new-article-on-insurrection-rebellion-and-section-three-of-the-fourteenth-amendment/
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