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Arena Cops 🇺🇦✌ (arenacops@infosec.exchange)'s status on Thursday, 08-Feb-2024 03:13:15 JST Arena Cops 🇺🇦✌

🤔 So Trump claims he hasn't been an "Officer of the United States", who would be amenable to the provisions of the Fourteenth Amendment's Section 3, potentially disqualifying him from running for & holding public (presidential) office.
He's freaking wrong!
And he should know damn better. As he's himself officially & publicly been insisting on being treated like an "officer" in court.
Just like now-AG Garland certainly remembers his own time on the U.S. Court of Appeals for the D.C. Circuit, which wrote: "President Trump removed the suit to federal court under the ***federal officer removal statute***, 28 U.S.C. § 1442(a)(1)." in K&D LLC v. Trump Old Post Office LLC and Donald J. Trump.
https://en.wikipedia.org/wiki/Officer_of_the_United_States
https://www.lexology.com/library/detail.aspx?g=966e96d3-2384-43ba-ac5c-7c57cc9aeffb
#RuleOfLaw #JusticeMatters #AccountabilityMatters #Jan6 #Insurrection #14thAmendmentSection3 #NoOneIsAboveTheLaw #TrumpIsNotAboveTheLaw
In conversation about 10 months ago from infosec.exchange permalink
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  K&D LLC v. Trump Old Post Office LLC and Donald J. Trump
  
  On February 28, 2020, the United States Court of Appeals for the D.C. Circuit affirmed a district court’s decision to dismiss a D.C. based…
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  Arena Cops 🇺🇦✌ (arenacops@infosec.exchange)'s status on Thursday, 08-Feb-2024 03:13:59 JST Arena Cops 🇺🇦✌
  in reply to
  - Marc Elias
  - Kevin Leecaster
  @GreenFire One precondition to make overwhelming voter turnout happen is to successfully challenge "traditional" methods of systematic electoral fraud like brazenly legislated voter suppression, gerrymandering, disenfranchisement, in the courts.
  Like what @marcelias & many others are excellently & thankfully very busy with.
  What's been "legislated" doesn't naturally mean it's legal and/or constitutional at every level.
  We all know, that today's "GOP" aims at denying as many voters as possible their fundamental right & opportunity to vote — which is completely unacceptable for every true democrat.
  #RuleOfLaw #DefendDemocracy #DefensiveDemocracy #DefendTheConstitution #VotingRights #GOP #ElectoralFraud #VoterSuppression
  
  In conversation about 10 months ago permalink
  
  HistoPol (#HP) 🥥 🌴 repeated this.
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:14:01 JST Kevin Leecaster
  in reply to
  
  @ArenaCops
  Trump, besides getting convicted, is going to be ruled to be disqualified to again hold public office because of violating his oath and insurrecting.
  It's time to focus on getting voter turnout even though he won't be on the ballot because Trump is not the problem, Trumpism is our biggest threat!
  In conversation about 10 months ago permalink
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  HistoPol (#HP) 🥥 🌴 repeated this.
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:14:24 JST Kevin Leecaster
  in reply to
  - Marc Elias
  @ArenaCops @marcelias
  Certainly, but we need to make it clear that to reform our democracy first we need for more Americans to vote for Democrats because it's obvious that Republicans will block every effort to protect voting rights.
  I don't like that we have no choice except the lesser evil in our two-party political landscape, but that's just plain reality. After securing our democracy in 2025 then we can start reforming to make multiple parties possible in the USA.
  I would like 5 parties.
  
  In conversation about 10 months ago permalink
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  Arena Cops 🇺🇦✌ (arenacops@infosec.exchange)'s status on Thursday, 08-Feb-2024 03:15:05 JST Arena Cops 🇺🇦✌
  in reply to
  @GreenFire @TruthSandwich @marcelias Isn't the fundamental issue rather, that the existing "two-party system" is a system of one party supporting the Rule of Law, the Constitution, the people indiscriminately as government's sovereign, & the Rule of the People aka democracy — and another ("grand ole") "party" hostile to everything Abraham Lincoln ever stood for, including his adamant refusal to ever be either slave or master, which was his understanding of democracy?
  Isn't the real issue rather, that one of the parties is an anti-constitutional, anti-democratic & anti-Union (=>Federal Republic) entity, that kicked out every one of its members, who formerly supported the United States & associated laws, norms, rules & values?
  And that such entities actually don't belong into U.S. Congress?
  
  In conversation about 10 months ago permalink
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:15:06 JST Kevin Leecaster
  in reply to
  - Marc Elias
  - Truth Sandwich 🥪🇺🇸😷
  @TruthSandwich @ArenaCops @marcelias
  Yes, probably true on a level. I rail against it because of how many people say they hate it so I think that having a party for the far-left, left, centrists, right, and far-right would give pretty much everyone a party they could support and this would make certain that the Speaker of the House has support outside of his/her political party.
  
  In conversation about 10 months ago permalink
  
  HistoPol (#HP) 🥥 🌴 repeated this.
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:15:11 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  - Marc Elias
  - Kevin Leecaster
  @GreenFire @ArenaCops @marcelias
  The two-party system is not the problem.
  
  In conversation about 10 months ago permalink
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  Arena Cops 🇺🇦✌ (arenacops@infosec.exchange)'s status on Thursday, 08-Feb-2024 03:17:40 JST Arena Cops 🇺🇦✌
  in reply to
  @GreenFire @TruthSandwich @8124 @rameshgupta @marcelias Today Germany, thanks to U.S. & allied forces' WWII intervention & victory seems to be better protected against demagogues & fascists than America, rebuilding on the Weimar Constitution, which was said to be the most liberal democratic constitution at its time, except for allowing an anti-democratic president to take office.
  Germany's Constitution & Freedom of Expression today:
  "Article 5
  [Freedom of expression, arts and sciences]
  (1) Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
  (2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons and in the right to personal honour.
  (3) Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution."
  https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html#p0031
  In conversation about 10 months ago permalink
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  1. No result found on File_thumbnail lookup.
    
    Basic Law for the Federal Republic of Germany
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:17:41 JST Kevin Leecaster
  in reply to
  @TruthSandwich @8124 @rameshgupta
  @ArenaCops @marcelias
  Germany doesn't have our First Amendment protections so we can't treat toxic political parties the same as they do just like with our constitutional rights being different than Brazil's so we couldn't respond to the insurrection the same way they were able to.
  
  In conversation about 10 months ago permalink
  
  HistoPol (#HP) 🥥 🌴 repeated this.
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:42 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  The solution to Trumpism is to take a page from post-Nazi Germany, which has learned a lesson about the perils of too-pure democracy and gone for a defensive democracy, one that allows it to block popular but unconstitutional parties.
  (2/2)
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:45 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  The problem with the Senate is that states aren't people. A state-centered assembly is necessarily undemocratic.
  We have a similar but lesser problem with the House, because of the math used.
  Removing the electoral college has nothing to do with whether states run elections, and there are plenty of other countries that seem to do just fine even with the federal government running all federal elections.
  (1/)
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:17:46 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias that is another fact of our system, as durable as it's been, the trend has always been towards greater freedom, with the exception of prohibition which was repealed.
  the senate is important when you understand the two most important principles of the constitution might be said to be separation of powers, and federalism. having half of the legislature, with certain distinct duties, with equal representation for the states makes sense when you consider that each state has its own constitution, which was ratified similarly to the federal one in each state, each with its own unique properties and a wide scope of freedom to set the context of state law.
  i would say in reply that the electoral college is the only reason Trump v Anderson is even at SCOTUS right now. having 50 separate election systems is simply better (more resilient) than 1. it's way harder to take over. so no, it is the furthest thing from a mistake.
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:17:48 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias
  "The alternative to an electoral college is for states to run elections but for every vote to count equally."
  But how to coordinate agreement upon the vote totals in a way that does not amount to just handing elections over to the federal government?
  Before I go any further, I want to say that I agree with you 100% that one person should get one vote, regardless of where they live, for presidential elections. That would be more "democratic" than what we have now.
  But it is important to realize that USA was not the first democracy, and most failed. USA has the record for longest running constitutional democracy by far. And part of what makes the system durable is that we do accept restrictions of democracy on some level. You can't vote for a 34 year old because founders hated the idea of "favorite son" presidents. You can't engage in insurrection and still be eligible for office, because the Civil War was awful. Etc.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:48 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  The counterpoint is that, because it's so old, all the other ones got to learn from our mistakes and could avoid repeating them.
  The electoral college, in its initial form, was a huge mistake. The current version is still a mistake. The cap on the House is a mistake. The misrepresentation of the Senate was an intentional mistake, as was the infamous 3/5ths compromise. Lots of mistakes.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:49 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  The alternative to an electoral college is for states to run elections but for every vote to count equally. You know, democracy.
  The compact is a legally binding document, hence enforceable.
  Moreover, once enough states join, the remainder no longer matter. In other words, if we get sufficiently above the 270 requirement then there's no motivation to try to violate it.
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:17:50 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias Is it, though? Elections run by the federal government have an obvious, singular point of failure. Popular vote compacts would be unstable without constitutional amendment because any signatory could unilaterally pull out at any moment.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:51 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @rameshgupta @ArenaCops @GreenFire @marcelias
  Right, the electoral college is an outright flaw in our democratic system and it can be corrected without an amendment, but there are political reasons why this won't happen.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:54 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @rameshgupta @ArenaCops @GreenFire @marcelias
  We have all of these factions, but they're not considered parties because the coalitions are formed in the primaries, not after the general.
  
  In conversation about 10 months ago permalink
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  Ramesh #NotGoingBack (rameshgupta@mastodon.social)'s status on Thursday, 08-Feb-2024 03:17:54 JST Ramesh #NotGoingBack
  in reply to
  ⬆️ @TruthSandwich
  >> We have all of these factions, but they're not considered parties because the coalitions are formed in the primaries, not after the general.
  But none of that matter because media gives totally lop-sided coverage to "news" by suppressing truth and boosting lies + disinfo.
  Electoral College makes it worse because all the media and FarRight have to do is focus on sparsely populated areas & scarcely educated people to lie to
  THAT is the crux
  @ArenaCops @GreenFire @marcelias
  
  In conversation about 10 months ago permalink
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  Ramesh #NotGoingBack (rameshgupta@mastodon.social)'s status on Thursday, 08-Feb-2024 03:17:55 JST Ramesh #NotGoingBack
  in reply to
  ⬆️ >> having a party for the far-left, left, centrists, right, and far-right would give pretty much everyone a party they could support and this would make certain that the Speaker of the House has support outside of his/her political party
  Such a system exists in other countries like UK & India.
  Both Parliamentary & Presidential systems have flaws
  Problem we're facing is not the system but MEDIA's complicity in boosting FarRight lies & disinfo
  @TruthSandwich @ArenaCops @GreenFire @marcelias
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:17:56 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  - Marc Elias
  - Kevin Leecaster
  @ArenaCops @GreenFire @marcelias
  Yes, the real issue is that we're down to one party that's pro-democracy.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:15 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @GreenFire @rameshgupta @ArenaCops @marcelias
  Sure, but the executive branch does not begin and end at the White House. We know that various LEO/mil orgs are corrupted by fascists.
  There will be violence. The question is how much and who wins.
  
  In conversation about 10 months ago permalink
  
  HistoPol (#HP) 🥥 🌴 repeated this.
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:18:15 JST Kevin Leecaster
  in reply to
  @TruthSandwich @8124 @rameshgupta @ArenaCops @marcelias
  That's always been true. I just hope that enough Americans are waking up to the fact that we have to defend democracy if we want to keep it.
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:18:16 JST 8124
  in reply to
  @GreenFire @TruthSandwich @rameshgupta @ArenaCops @marcelias That’s right, and insurrections are probably easier to quell when the president actually wants to quell them 😉
  
  In conversation about 10 months ago permalink
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:18:17 JST Kevin Leecaster
  in reply to
  @TruthSandwich @8124 @rameshgupta @ArenaCops @marcelias
  There may very well be violence related to a SCOTUS ruling that oath breaking insurrectionists can not again hold public office too. It's sad, but since Republicans are unwilling to stand on the side of the rule-of-law unavoidable.
  We'll just have to deal with it the best we can.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:18 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @GreenFire @8124 @rameshgupta @ArenaCops @marcelias
  To some extent, these numbers don't matter. The R's are going to cheat as much as they can, and if he still loses, they're going to throw another coup. Count on it.
  
  In conversation about 10 months ago permalink
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:18:19 JST Kevin Leecaster
  in reply to
  @TruthSandwich @8124 @rameshgupta @ArenaCops @marcelias
  Trump has not won an election since 2016 and his endorsed candidates have done poorly so I just don't understand the trust that so many people are putting in the polls that have been proven to be pushing a narrative rather than providing insight into our electorate so many times recently, but I'm willing to admit that I have no idea how an election might turn out?
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:20 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @GreenFire @8124 @rameshgupta @ArenaCops @marcelias
  I wish I could agree, but the truth is that Trump has the best chance of winning because his supporters are not transferable to other fascists.
  And once he does win, future elections become a non-issue.
  
  In conversation about 10 months ago permalink
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:18:21 JST Kevin Leecaster
  in reply to
  @TruthSandwich @8124 @rameshgupta
  @ArenaCops @marcelias
  Also, since so many justices put party over country, I think they'll recognize that the sooner they get him off the ballot the better for the party it will be.
  In conversation about 10 months ago permalink
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    https://media.mstdn.social/media_attachments/files/111/890/999/457/171/034/original/753024126a7d7051.png
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:22 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  I would prefer that you were correct, but I don't bet on the basis of my preferences.
  
  In conversation about 10 months ago permalink
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  Kevin Leecaster (greenfire@mstdn.social)'s status on Thursday, 08-Feb-2024 03:18:22 JST Kevin Leecaster
  in reply to
  @TruthSandwich @8124 @rameshgupta @ArenaCops @marcelias
  I suspect that even this SCOTUS is going to affirm that oath breaking insurrectionists are disqualified to again hold public office.
  That may not be how they rule, but I think it is a mistake to assume otherwise publicly since that gives them some credibility for choosing to make such an unconstitutional ruling.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:23 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  That's true, but I don't really expect this to happen. Do you?
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:18:23 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias I do, mostly for the same reason we have Dobbs: more originalists are on the court than before.
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:18:24 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias we don't know that yet. if SCOTUS rules him disqualified, i believe that could effectively end the campaign.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:25 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  What luxury? The courts are not stopping him on the basis of the 14th amendment. The only states that seem at all willing to do so are the ones he can't win.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:26 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire @marcelias
  I used "DOA" to include all of the various ways that his candidacy *should* have been dead the moment he announced it.
  For one thing, he should have been laughed off the podium by chants of "14th amendment stops traitors".
  He should be in prison, many times over. Mobsters deserve to die behind bars, among their people.
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:18:26 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias while i don't share this sentiment, i do understand it, and i feel that we have the luxury of in some sense being above requiring visceral reactions to deal with it, because of what the reconstruction amendment ratifiers did for us, what they took from their experience and gave to us.
  
  In conversation about 10 months ago permalink
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  Truth Sandwich 🥪🇺🇸😷 (truthsandwich@mastodon.cloud)'s status on Thursday, 08-Feb-2024 03:18:27 JST Truth Sandwich 🥪🇺🇸😷
  in reply to
  @8124 @rameshgupta @ArenaCops @GreenFire
  @marcelias
  If that were the case, then Trump would be DOA, not frontrunner.
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:18:27 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias i had to think about this one, i see what you're saying. when i say "out" i mean constitutionally disqualified. SCOTUS tells us about it later (unless they make a mistake which is totally possible).
  
  In conversation about 10 months ago permalink
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  8124 (8124@babka.social)'s status on Thursday, 08-Feb-2024 03:18:29 JST 8124
  in reply to
  @TruthSandwich @rameshgupta @ArenaCops @GreenFire @marcelias no, we do not need to take democracy lessons or inspiration from Germany. our system allows greater rights, but the amount of effort and coordination to do a successful version of January 6th is difficult to imagine, and the second you're on public record doing so (as someone who took an oath to the constitution), you're out unless and until congress gives you amnesty. so our system offers both greater freedom and greater resilience to bad actors. it's a very targeted disqualification.
  
  In conversation about 10 months ago permalink

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