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Cake day: June 15th, 2023

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  • This ruling basically covered how ex-Presidents might be prosecuted. The President still has some level of accountability to Congress via impeachment , although we’ve already seen how hard that is.

    Of course, when Trump’s second impeachment didn’t stick, one of the main reasons Republicans gave for voting against it was that they felt the proper venue for that was in the courts. Now that it is in court, the Supreme Court just said “Sike! Congress needed to act all along”.

    Edited to add: Another legal fix would be simply packing the court. Democrats should pound this during this election. They should make sure voters know that if Democrats are given the White House and both houses of Congress, they will fix the court by adding 4 new seats.



  • Vice President Jefferies

    It doesn’t work that way. First of all, Mike Johnson is the Speaker, and is next in line for the Presidency after the VP, not Jeffries. But that entire list is strictly to see who would be President if the office were suddenly vacant. The House Speaker would only take over if there is a Presidential vacancy while the office of VP is also vacant.

    Should Harris becomes President due to Biden leaving office early, the office of VP would become vacant and remain so until President Harris picks a replacement, and that replacement is ratified by both houses of Congress. Sadly, in today’s political climate that is not a guarantee.




  • NYT is reporting on a hastily arranged call of the DNC finance committee today with some big donors. I don’t see a non-paywalled source about it, but I assume it is happening.

    That is a hugely important meeting because if Biden’s donors say they will not support the campaign financially anymore, that will be one of the dominoes that would need to fall to get Biden to back out. Campaigns are expensive, and Trump’s fundraising is focused on his campaign as third priority, after paying his legal bills and Trump himself.

    I’m not really sure whether Biden can pull this off or not, but his chances are zero if his big donors stop giving.


  • After mulling this over for these few hours, I realize what this ruling really does is render the President unaccountable to his Oath of Office. Any official act is presumed to be totally legal by the courts, unless he is impeached and removed from office over it. Much of his communications with his staff is now also not subject to review anywhere but Congress, as part of a formal impeachment proceeding.

    A President is now officially a king, restrained by no law in what he can use his office to do, as long as he has the support of half of the House, or 1/3 of the Senate.


  • Because presiding over the counting of the votes is one of the very few duties the Constitution allocates to the VP, so is covered under this new doctrine. He has the absolute right to conduct that how he sees fit, without regard to whether he is upholding his oath to the Constitution or not, and any conversations he had with the President are part of that duty, and similarly protected. If it turns out he is not upholding that oath, the only remedy is impeachment. (And finding 67 Senators to agree to convict.)

    Absolute power, just as the Founders intended.



  • Some of the evidence that Jack Smith has put together involve some form of Trump’s official capacity. for instance, the Times notes that one of the points of the prosecution was that Trump tried to get Jeffrey Clark installed as acting AG in the days before Jan 6, presumably because he would go along with the coup. One of the findings of the Court is that appointments like that are within the President’s direct duties, and can’t be used as evidence against him, even if it can be proven that the appointment was made to directly piss on the Constitution Trump swore to protect.

    The Times also notes that Trump’s pressure campaign on Pence is similarly protected now.


  • See inside what? Did you link to anything?

    As I see it, key deadlines are:

    • The party conventions, where each parties nominee will be formalized. (But recall that the actual Democratic Nomination will be done before the convention, to meet some State deadlines).

    • The election itself, where voters choose which slate of electors cast EC votes.

    • The electoral college election that really matters.

    • The counting of the EC Votes

    • the inauguration

    Once the nominations are formalized, they probably can’t be undone, since there are State deadlines involved.

    But always remember that people are not voting for the candidates themselves, but for a slate of electors. And while the expectation is for these electors to vote for the ticket they were pledged to, if one candidate is subject to God’s Almighty Recall Vote, they appear to have the discretion to file votes differently.

    Once the EC votes are cast, though, there would probably be no choice but to accept them. (Congress recently revamped the counting process to eliminate some of the shenanigans that happened last time). I expect that if either one croaks after that, they would probably just inaugurate the VP on the ticket directly.

    (Edited to add: states may be able to change EC votes after the December EC election. That date is based on a “safe harbor” deadline which makes EC votes harder to challenge. So, if the winning candidate bites it on Christmas Day there’s probably a way for State Legislatures to certify new EC votes before Congress counts them Jan 6, but we should expect a challenge to that.)

    (It would suck if Trump won, and Biden croaked on Jan 19th. We might have our first female President, for one day.)



  • To me, it looked like the problem was not his brain, it was between his brain and his mouth. His brain knew what it wanted to say, his mouth took the long road to get there. And when you only have a minute or two to make your point, every second counts.

    I am not saying that to try and gloss over the problem. But I’ve watched older relatives succumb to Alzheimer’s and dementia over the years, and this is not it. It’s different. It’s still bad for any older person, though, much less a President.



  • The article itself is worth reading, but it includes a link to a Sacramento bee article about this woman and her trans kid. It seems like after the kid came out as trans, the mom really went off the deep end :

    https://www.sacbee.com/news/local/article285961211.html

    This woman is so wrapped up in her anti-trans crusade that it’s not just ruining her relationship with her child, but it’s consuming her to the point that it’s all she talks about. The article mentions that her friends and co-workers have had to ask her to stop sending articles about it. And now she’s been kicked out of the hotel she was staying at because she saw some guys in dresses and started throwing a fit. The hotel even offered to refund her stay, but she persisted and got escorted out by the cops instead.

    She seems stuck in a misery of her own making. At least her kid seems to have a level head about all of it. I will never understand how some parents would let stuff like that get in the way of their relationship with their kids.