The Weekend Dispatch
Edition For - November 18th, 2023: The Legal Trojan Horse, MAGA Mike Johnson, Osama Bin Laden Joins Tik-Tok, and Argentina Elects a New President
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Trump's Colorado Ballot Victory: A Legal Trojan Horse
November 17th, 2023:
The recent court ruling in Colorado, allowing former President Donald Trump to remain on the ballot, presents a complex and potentially perilous legal precedent. While at first glance it appears to be a victory for Trump, the ruling harbors implications that could have far-reaching consequences for future legal challenges.
The Court's Interpretation
The Colorado court issued a decision that, while allowing former President Trump to remain on the ballot, may have set the stage for larger legal battles ahead. The court's interpretation of Section 3 of the Fourteenth Amendment — a clause historically intended to bar individuals who have engaged in insurrection from holding federal office — has become the crux of this case. The court stated, “The Court concludes... that Trump incited an insurrection on January 6, 2021, and therefore ‘engaged’ in insurrection within the meaning of Section Three of the Fourteenth Amendment." This statement, recognizing Trump's actions as potentially constituting insurrection, is critical.
However, in a strategic legal maneuver, the court simultaneously determined that the presidency does not constitute an "office" within the context of Section 3. This interpretation, deviating from conventional readings, effectively keeps Trump on the ballot. By making this distinction, the court navigates a narrow path, upholding Trump's eligibility while directly implicating him in the “The Insurrection” narrative.
The decision's nuanced approach seems to intentionally lay the groundwork for this issue to be elevated to the federal courts. By confirming Trump's eligibility on the grounds of a technical interpretation, while simultaneously recognizing the potential severity of his actions, the ruling invites further scrutiny at a higher judicial level.
The Brandenburg Test and its Application
Central to this case was the application of the Brandenburg test, established in Brandenburg v. Ohio (1969), which assesses when inflammatory speech loses First Amendment protection. The court considered whether Trump's speech on January 6th met this test's criteria: intent to incite imminent lawless action, likelihood to incite such action, and probability of resulting imminent lawless action. Although the court did not definitively rule Trump's speech as incitement, the analysis under this framework is precarious.
This sets a precedent, suggesting that the case's critical aspects, particularly the interpretation of Section 3 and the scope of presidential immunity, are ripe for reexamination in the federal legal arena. For Trump supporters, this development is a double-edged sword: it maintains his immediate political viability while potentially opening doors for more significant judicial challenges that could shape the future of electoral politics in the United States. These appeals, if brought before the federal courts, could lead to a more stringent reassessment of Trump's eligibility for public office. This prospect poses a significant risk to Trump's political trajectory, potentially barring him from electoral participation in multiple jurisdictions.
A Trojan Horse in Legal Disguise
The court's ruling in favor of former President Trump, while appearing beneficial at first glance, harbors deeper legal complexities that warrant close examination. The court's decision to exclude the presidency from the definition of an "office" under Section 3 of the Fourteenth Amendment, on the grounds of a narrow textual interpretation, establishes a precedent that could have unforeseen repercussions. This seemingly favorable interpretation for Trump masks the potential for more significant legal challenges in the future.
In essence, the Colorado court ruling is akin to a legal Trojan horse. On the surface, it maintains Trump's political viability, but underneath, it opens a pathway for more profound legal examination and challenges. The ruling not only reinterprets the Fourteenth Amendment's disqualification clause but also signals a readiness to apply strict legal scrutiny to political figures' actions and speech.
This critical juncture in the legal and political narrative surrounding January 6th and its aftermath will be pivotal in shaping future legal interpretations and political strategies. The unfolding situation demands vigilant observation, as it holds the potential to significantly alter the landscape of American electoral politics and the application of constitutional law.
Trump Seeks Mistrial in NY, Citing Obvious Judicial Bias
November 17th, 2023:
In a pivotal legal maneuver, former President Donald Trump's legal team has filed for a mistrial in New York, amid allegations of bias and procedural irregularities involving Judge Engoron.
Former President Donald Trump's ongoing legal battle in New York has taken a significant turn with his legal team filing for a mistrial. The move comes after Judge Arthur Engoron, presiding over the case, directed Trump's lawyers to submit their motion for a mistrial in a specific manner, avoiding public discourse. This instruction to submit a proposed order to show cause privately to his chambers has raised eyebrows, given the potential implications for transparency and impartiality in the case.
The direction from Judge Engoron to handle the motion delicately and away from public scrutiny is seen by Trump's team as indicative of the judge's political bias. This perception is further compounded by Engoron's supplemental limited gag order issued on November 3, 2023, which restricts public statements about any confidential communications between the judge's staff and counsel. Trump's legal brief, however, makes a veiled reference to these communications, potentially violating this gag order and underscoring the team's argument about the judge's partiality.
Trump's lawyers, led by Alina Habba, argue that the judge’s approach to handling the case, including private meetings and reliance on staff communications, demonstrates a lack of neutrality. This assertion is part of their broader contention that the legal proceedings against Trump are more politically motivated than rooted in fair judicial practice.
The filing of the mistrial motion in such a manner, possibly without the judge's express permission, adds another layer of complexity to the case. It underscores the ongoing contention between Trump’s legal team and Judge Engoron, bringing into question the fairness of the trial proceedings.
This development in Trump's case is a crucial moment, highlighting the challenges of ensuring judicial impartiality in high-profile cases with significant political undertones. The outcome of the mistrial motion and the subsequent legal maneuvers will be closely watched, as they bear significant implications for the standards of judicial conduct and the perception of political influence in legal proceedings.
Judge Acknowledges Election Integrity Concerns in Georgia
November 17th, 2023:
Amid rising scrutiny, a Georgia judge's recent ruling exposes serious flaws in electronic voting machines, potentially challenging the narrative on election integrity.
Recent developments in Georgia's legal system are bringing renewed attention to the integrity of the U.S. election process. Judge Amy Totenberg's decision to acknowledge substantial flaws in Georgia's electronic voting machines marks a significant shift in the judicial approach to election fraud claims. Her ruling, based on credible evidence, challenges the notion that concerns about election security are merely "conspiracy theories."
Totenberg, addressing the complexity of these issues, emphasized that while judicial intervention has its limits, informed dialogue and legislative action can bring about meaningful change. Her words, "The Court cannot wave a magic wand... but reasonable, timely discussion and compromise... might certainly make a difference," highlight the need for a collaborative approach to safeguarding democracy.
The judge's decision focuses on substantial evidence of cybersecurity weaknesses in Georgia's voting systems. These deficiencies include outdated software, data breaches, and vulnerabilities in the voter registration process. Expert testimony, including that of Dr. J. Alex Halderman, outlined seven major vulnerabilities, such as the potential to alter QR codes on ballots and install malware on voting machines.
This ruling sets the stage for a bench trial in January 2024, which aims to resolve factual disputes regarding these security flaws. However, Totenberg noted that compromise legislation could render the trial unnecessary. While she acknowledged her inability to mandate a new paper ballot system, she highlighted the constitutional issues present in the current electronic system.
Simultaneously, in Maricopa County, questions have arisen about the legitimacy of some 200,000 ballots, further fueling concerns about election integrity. The judge's ruling in Georgia is a critical acknowledgment that the security of electronic voting machines and the integrity of election results are valid concerns needing urgent attention.
This legal scrutiny in Georgia is a turning point, suggesting that more judges are beginning to take a serious look at election integrity issues. For those who have long held suspicions about election fraud, these developments in the courts are a welcome, albeit delayed, step toward addressing these crucial democratic concerns.
Mike Johnson, A Man of His Word?
November 17th, 2023:
The Republican majority in the House of Representatives, under the new leadership of Speaker Mike Johnson, is witnessing a dramatic transformation that challenges the mainstream media's narrative of dysfunction. Just a month into his tenure, Johnson's actions suggest he might indeed be a man of his word, steering the House towards decisive actions long stalled under previous leadership.
The issuing of a subpoena for Hunter Biden is a significant development, signaling a renewed focus on scrutinizing alleged misconduct. Representative James Comer's announcement that Biden will be subpoenaed to testify before December 4th in connection with suspicious financial activities is a bold move. This action aligns with the Republicans' long-standing commitment to investigate the "Biden Crime Family," an inquiry that Johnson states has his “full and unwavering support.”
However, the indictment of Hunter pales in comparison to the release of the January 6th tapes. This release not only sheds new light on the events of that day but also raises serious questions about the role of former Speaker Kevin McCarthy. The delay in releasing these tapes, now apparent, underscores McCarthy's impediment to the Republican majority's agenda. His resignation seems inevitable, as it's clear his leadership was a bottleneck to significant congressional actions.
In just one month since McCarthy's departure, the Republican-controlled House has seen a resurgence of activity. The release of the J6 tapes, the revival of impeachment discussions, and the subpoenaing of Hunter Biden mark a sharp departure from the previous inertia. These developments reflect a newfound vigor in the Republican ranks, potentially redefining the party's strategy and approach in the House.
Mike Johnson's speakership, thus far, appears to be a turning point. His actions align with his promises, bringing a sense of purpose and direction that was notably absent before. Whether he can maintain this momentum and navigate the complex political landscape remains to be seen. Yet, his early days in the role paint him as a leader committed to fulfilling his pledges, a refreshing change for those who have long awaited action on these critical issues.
→Higgins Anticipates Fallout from Jan 6th Tapes: Rep. Clay Higgins predicts a political earthquake with the release of the January 6th tapes, expecting resignations from Congress and the FBI/DOJ. He warns, "Prepare to be shocked... No less than 5-10 key Democrats will retire from Congress." This bold claim signals potential upheaval and revelations that could significantly impact the political landscape.
Biden Targets Adams with FBI Probe Amid NYC Budget Crisis
November 17th, 2023:
In a striking turn of events, NYC Mayor Eric Adams, after criticizing Biden's immigration policies, now battles severe budget cuts and a conveniently timed FBI investigation.
New York City Mayor Eric Adams, having recently criticized President Biden's immigration policies, is now grappling with a major budget crisis, forcing drastic cuts across the city's essential services. In a move that many see as more than coincidental, the FBI has launched an investigation into Adams' 2021 campaign finances. This probe, focused on potential illegal funding from the Turkish government, emerges just as Adams openly challenges the Biden administration's approach to immigration, a departure from typical Democratic alignment.
The timing of the FBI's actions, including the seizure of Adams' electronic devices, directly after his criticism of Biden, suggests a clear attempt to silence dissent within the Democratic ranks. This investigation, coming amidst NYC's financial turmoil due to the migrant influx, raises questions about the administration's use of federal agencies to target political adversaries.
Adams is now contending with the fallout of a budgetary crisis, necessitating a reduction in NYPD officers and a $1 billion cut in the education sector. These measures, while attributed to the migrant crisis and reduced federal aid, are also consequences of a broader failure in federal immigration policy under Biden.
As Mayor Adams navigates the FBI investigation, his predicament serves as a potent example of the perils faced by local leaders who dare to defy the federal narrative. This aggressive federal response to Adams' criticism of Biden's immigration policies represents a stark warning to other Democrats who might consider straying from the party line. The situation in New York City not only highlights the fallout from failed federal immigration policies but also illustrates the tightening grip of federal authority over local governance. This clash between Mayor Adams and the Biden administration is a clear demonstration of the high stakes involved when local realities challenge national political agendas, especially on contentious issues like immigration.
Net Neutrality Revival: A Step Back for Innovation and Free Market
November 16th, 2023:
The Biden Administration's push to reinstate Net Neutrality is met with criticism and concern, as it's viewed as a regressive move that stifles innovation and free-market principles.
The return of Net Neutrality, an Obama-era policy, is being seen not as a progressive step but as a backward leap for internet freedom and innovation. Contrary to the fear-mongering that portrayed the end of Net Neutrality as the doom of the internet, its removal led to a notable surge in broadband speeds and internet development across the country. This fact is emphasized by FCC Chairman Carr in his dissenting memo, where he outlines the drawbacks of bringing back this policy.
Carr's statement lays bare the overreach of President Biden's plan for the FCC, criticizing its expansive control over all aspects of internet services and infrastructure. He highlights how the plan exceeds the mandate authorized by Congress in the 2021 Infrastructure Investment and Jobs Act. The plan's scope is vast, covering not just network infrastructure but also aspects like pricing, marketing, and even industries indirectly related to internet access such as landlords and banking.
Moreover, Carr points out the potential for this plan to impose unfunded mandates on ISPs and unlimited fines for violations, including price controls and regulations on promotional pricing and discounts. He argues that these measures adopt an expansive liability theory, which could lead to penalties without concrete evidence of intentional discrimination.
The FCC's new rules against digital discrimination, while aimed at ensuring equal broadband access, are viewed as another layer of unnecessary regulation. These rules focus on preventing discrimination based on various factors like income, race, and religion. However, they are seen as overstepping, with the FCC empowered to address any company policies and practices that might negatively impact consumer broadband access.
Critics argue that the FCC's approach is a clear indication of the Biden administration's persistent censorship campaign, an ideological stance of government control that clashes with the principles of free market capitalism. They assert that there were lawful and less intrusive ways the FCC could have extended broadband access, without resorting to such heavy-handed regulation.
In conclusion, the revival of Net Neutrality under the Biden administration is perceived as a detrimental move, likely to hinder the growth of the American innovative economy. This policy, instead of fostering a competitive and free internet, is feared to dampen technological advancement and curtail the dynamism of the free market, echoing broader concerns about government overreach in regulating the digital space.
Viral Trend Glorifying Bin Laden's Letter: A Cultural Crisis
November 17th, 2023:
In a shocking development that has raised serious concerns about the impact of social media on young minds, a viral TikTok trend has emerged where predominantly younger users are praising Osama bin Laden's "Letter to America," a document justifying the horrific 9/11 attacks. This trend is not only disturbing but also indicative of a deeper cultural and educational crisis in America.
The videos circulating on TikTok are alarming in their content. Many feature young people claiming that bin Laden's letter "opened their eyes," drastically altering their perspectives and inducing what some describe as an "existential crisis." The fact that a terrorist's propaganda can evoke such reactions is deeply troubling. It's indicative of the powerful, sometimes dangerous influence of social media platforms like TikTok, especially among impressionable youth.
The Role of TikTok and Parenting
This situation highlights a critical issue: the unregulated influence of platforms like TikTok, particularly those owned by foreign entities like China, on young American minds. The ease with which this propaganda spreads and shapes opinions underscores the need for more stringent controls and parental supervision over social media consumption. Critics, including political commentators and public figures like Megyn Kelly, have pointed to poor parenting and a failure in the education system as key factors contributing to this alarming phenomenon. Kelly specifically criticized parents for not instilling the necessary values and perspectives in their children to understand the deeply flawed and dangerous nature of bin Laden's views.
This disturbing trend serves as a wake-up call for the American people. It's a stark reminder of the need to combat the brainwashing and spread of anti-Western and anti-American sentiments among the youth. This situation calls for a reevaluation of how history and moral values are taught in schools and discussed at home. There's a clear need to foster critical thinking and a better understanding of historical context among young people to prevent them from being swayed by extremist views.
In Defense of American Values
Despite the troubling nature of this trend, supporters of America are confident that the majority will reject these misguided views. They advocate for a stronger stand against such trends and a renewed commitment to fighting for the nation's future. This incident is a call to action for all Americans to safeguard their cultural values and ensure that the next generation is equipped with the knowledge and discernment to distinguish between propaganda and truth.
This TikTok trend is more than just a passing social media phenomenon; it's a cultural warning sign. It underscores the urgent need for effective educational strategies, responsible parenting, and vigilant monitoring of social media influences to protect and preserve the values and truths upon which America was built.
Historic 'March for Israel' Unites Over 290,000 in Peaceful Support
November 17th, 2023:
In an inspiring display of unity and peace, over 290,000 people gathered on the National Mall in Washington, D.C., for the 'March for Israel,' marking it as the largest pro-Israel rally in history. This event, held on November 14, stands out not only for its size but also for its peaceful nature, offering a stark contrast to other recent demonstrations.
William Daroff, CEO of the Conference of Presidents of Major American Jewish Organizations, captured the essence of the event, saying, “We have indeed made history today with over 290,000 of us gathered here on the National Mall. This is the largest pro-Israel gathering in history.” His words underscored the magnitude and significance of this gathering in support of Israel.
The peaceful nature of the march was notable, especially considering the recent tensions surrounding the Israel-Gaza conflict. The absence of arrests, violence, or disturbances highlighted the demonstrators' commitment to peaceful expression and dialogue. This aspect of the march was a refreshing change and a positive contribution to the discourse surrounding the conflict.
Eric Fingerhut, president and CEO of the Jewish Federations of North America, emphasized the diversity of the crowd. He stated, “Today’s crowd brings together every sector of American life... to say together with unity and strength, ‘We support Israel’s fight to rid itself of the terror threat and restore safety and security to its people.’” This statement highlighted the inclusive nature of the event, with participants from varied faiths, creeds, races, and backgrounds coming together to support a common cause.
In addition to those who attended in person, another 250,000 watched the event via livestream and on C-SPAN, according to Daroff. This extended reach showed the national and even global interest in the event and the cause it represented.
The 'March for Israel' was a powerful demonstration of the support for Israel within the United States. It was a peaceful, unifying event that showcased the strength of democracy and the power of peaceful assembly. Amidst a backdrop of often negative news about the Israel-Gaza conflict, the march was a positive step forward, providing a hopeful example of what can be achieved through peaceful means and demonstrating the widespread support for Israel's right to security and peace.
Milei's Victory: A Libertarian Turn for Argentina's Future
November 18th, 2023:
Javier Milei, a libertarian candidate, clinched a decisive victory in Argentina's presidential election, outpacing establishment candidate Sergio Massa. Milei's landslide win, with 55.7% of the vote compared to Massa's 44.3%, marks a significant shift in the country's political landscape and is a beacon of hope for conservatives worldwide. Notably, Milei becomes the world's first libertarian head of state, setting a precedent for a new kind of leadership on the global stage.
Milei's campaign struck a chord with the electorate, particularly the youth, as he vehemently campaigned against corruption and socialism. His message resonated in a country grappling with rampant inflation, poverty, and corruption, issues that have marred the Peronist party's rule. His ability to attract centrist voters, alongside support from former president Mauricio Macri, underscored his appeal as a unifying candidate capable of bridging political divides.
However, Milei's victory is not without its challenges. Governing will require navigating a Congress where his party holds few seats, necessitating collaboration with the Peronists to advance his libertarian agenda. This will be a test of his political acumen and ability to push through significant policy changes. As a world-renowned economist and a staunch critic of bureaucratic corruption, Milei is expected to bring a pragmatic and knowledgeable approach to addressing Argentina's economic woes.
Milei's bold, unapologetic stance against the political establishment and his criticism of the 'woke' ideology, often referring to its proponents as "leftards and shit leftists," has made him a controversial figure. His victory is likely to elicit strong reactions from various quarters, with the 'woke' crowd expected to express dismay over his ascent to power. However, for many who have longed for change and a fresh approach to governance, Milei's win is a symbol of hope and a potential turning point for Argentina's future. His tenure as president will be closely watched, both within Argentina and internationally, as it offers a unique experiment in libertarian leadership at the helm of a nation.
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