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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, February 07, 2024

Not A Great Day For Republicans

Former President Trump’s alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented assault on the structure of our government. He allegedly injected himself into a process in which the President has no role — the counting and certifying of the Electoral College votes — thereby undermining constitutionally established procedures and the will of the Congress.

After the Supreme Court refused to take the case ahead of time, it was up to the D.C. Circuit to hear Trump's case claiming immunity from prosecution in the election crimes trial. The arguments, including a double jeopardy claim arising from the failed impeachment trial, were specious. 

People, including me, wanted the D.C. Circuit to hand the opinion down right away. February coming without an opinion was upsetting, with some blaming the one Republican appointee. A strong per curiam (no separate opinions) was handed down yesterday. The trial can be put back on track unless the Supreme Court acts by Monday. 

Meanwhile, the House brought the bogus impeachment of Mayorkas to the floor. It failed by one vote. One Republican was not available. Three voted against it. And, a Democrat out sick made a surprise appearance to make it a tie. The final vote was 216-214 since that was needed procedurally to have another vote in the future. If that absent Republican came back, and it is unclear if he will, the vote might go the other way. 

Mayorkas, Secretary of Homeland Security, allegedly needs to be impeached because he is not properly handling the border. A border bill, which some on the left strongly opposed as a negotiating tactic, that would address the matter (damn you for giving stuff we want) is being opposed by Trump and House leadership. 

This forced Republican Senate leadership to oppose it too. After they harped on it as a necessity and appointed a conservative to negotiate it. The Wall St. Journal and Trump-supporting Border Union people endorsed it.  So much winning. President Biden promised (quite rightly) to hang this around the Republicans' necks in his campaigning if it fails.

(They also, for whatever reason, held and lost a vote on an Israel-only spending bill. The vote needed a supermajority under the rules and did not get it.) 

Meanwhile, a sort of fake Republican primary took place in Nevada. Trump Republicans -- even though they were likely to win big anyhow -- set it up so anyone involved in the state-run primary could not take part in the party-run caucus. It also advanced their "election security" propaganda, including the fact that the primary included mail-in balloting. 

Haley, who did not put much effort into it partially since it was sorta pointless, got around 30% with 60% (basically Trump voters) going for "None of the Above." Pence advanced expectations with around 4%. Trump is likely to get around 99% of the caucus votes since the only person still running actually involved besides him is some obscure guy

Ronna McDaniel, the chair of the Republican National Committee, has discussed with Donald Trump the possibility of resigning from her position after the South Carolina primary, according to multiple sources familiar with the conversation.

She is no longer “Romney” largely thanks to Trump. Now, she is not election-denying/pro-Trump enough. Not that she is somehow independent now. But you have to bow to Trump these days. So, she’s a dead woman walking, apparently.

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In non-Republicans in disarray news, there was an interesting article about some naturalized citizen running for president as a Democrat. Another "both sides are bad" guy, he's an asshole. Under current law, you are allowed to (but do not have a right to) be on a ballot as an unconstitutionally qualified candidate. I find that somewhat dubious given a ballot spot is state action. It isn't just a fun straw poll.

Anyway, he has a fantasy that he will win the right to president on Fourteenth Amendment grounds. "One person, one vote" rules do not apply to the U.S. Senate. And, the natural born citizenship rule for president (horrible and out of date it might be) was not negated by the Fourteenth Amendment. Maybe in some ideal world, it should be. But, it wasn't. 

The last real amendment was ratified around fifty years ago. Rick Hasen has a new book proposing a voting rights amendment. I think an amendment dealing with voting overall, or amendments, is warranted. That would include allowing territorial citizens to vote for president. And, people to vote for naturalized citizens. I would add popular vote for president. But, at least the first two could get supermajority support. 

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