The intriguing theory advanced by Lawrence Tribe and other legal scholars that the states could bar Trump from appearing on their ballots next year under the Constitution’s insurrection clause seems to be gathering momentum.
The theory, which has not yet been tested in court, maintains that the Constitution bans those who have taken the oath of federal office from serving if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Which brings us to the January 6th riot. If that was not an attempted insurrection, then one is not one, two is not two and three is not three. Hundreds of people have already been convicted of taking part in the rebellion and the ring leaders are all facing trial dates now.
The reasoning behind the argument would definitely be strengthened if Trump is convicted in either of the two cases, one in Washington, D.C., and the other in Georgia, charging him for his direct role in trying to overturn the results of the 2020 election.
So we can hope one or both cases goes to trial before next year’s election. In the roughly 250 years since this country was founded, we’ve never faced an issue like this one. Of course, no previous President has tried to overturn an election or incited a mob to attack the Capitol, either.
Anyone who honestly evaluates the matter knows what Trump did was wrong on many levels — legally under our system if he is convicted, but morally, ethically and on patriotic grounds regardless of any verdict in court. It’s as simple as one, two, three.
The insurrection clause says nothing about requiring a conviction. Therefore, I conclude, it can and should be applied.
HEADLINES:
Proud Boy leader Joseph Biggs sentenced to 17 years for Jan. 6 crimes (WP)
Clarence Thomas officially discloses private trips on GOP donor Harlan Crow’s plane (CNN)
Fulton judge says Trump court proceedings will be televised (AJC)
Trump enters not guilty plea in Fulton County, won't appear for arraignment (CBS)
A shutdown wouldn't halt Trump's trials, so Republicans seek to rein in his prosecutors (NBC)
Trump in deposition says he averted ‘nuclear holocaust’ (The Hill)
Liberal groups seek to use the Constitution’s insurrection clause to block Trump from 2024 ballots (AP)
Trump Asks to Dismiss Suit as A.G. Says He Inflated Worth by $2.2 Billion (NYT)
Mark Meadows’s job wasn’t to help Trump steal the 2020 election (Edit Bd/WP)
Rudy Giuliani has lost a civil lawsuit brought by two Georgia election workers after he failed to turn over discovery documents in the case, a federal judge ruled. The ex-Trump attorney was ordered to pay nearly $133,000 in sanctions. [HuffPost]
McConnell is medically clear to continue his schedule after freezing episode, Capitol physician says (WP)
U.S. Embassy urges Americans to leave Haiti 'as soon as possible' (USA Today)
Fears for Afghans refugees on deadline to leave hotels (BBC)
Ukrainian Counteroffensive Pierces Main Russian Defensive Line in Southeast (WSJ)
How Ukraine Can Win a Long War (Foreign Affairs)
Drone attack on Pskov airbase from inside Russia - Kyiv (BBC)
Very, Very Few People Are Falling Down the YouTube Rabbit Hole (Atlantic)
Visa, Mastercard Prepare to Raise Credit-Card Fees (WSJ)
The largest wildfire currently burning in the United States is raging in California’s densely forested northwest corner. (Cal Today)
The Inventor Behind a Rush of AI Copyright Suits Is Trying to Show His Bot Is Sentient (Wired)
A.I.’s un-learning problem: Researchers say it’s virtually impossible to make an A.I. model ‘forget’ the things it learns from private user data (Fortune)
OpenAI disputes authors’ claims that every ChatGPT response is a derivative work (Ars Technica)
High-School English Needed a Makeover Before ChatGPT (Atlantic)
What happens when AI passes through the ‘uncanny valley’? (Financial Times)
Google's New GenAI Marketing Tools Speed Up Campaign Planning and Buying (AdWeek)
Woman Disgusted After Finding Out There Over 2,000 Calories In Recommended Daily Intake (The Onion)
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