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From: Ubiquitous <weberm@polaris.net>
Newsgroups: rec.arts.tv
Subject: Re: The Real Insurrection
Date: Mon, 30 Dec 2024 04:30:43 -0500
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Summary: https://www.dailywire.com/news/dem-lawyers-urge-congress-to-ignore-electoral-college-stop-trump-make-kamala-president
Keywords: https://www.dailywire.com/news/dem-lawyers-urge-congress-to-ignore-electoral-college-stop-trump-make-kamala-president
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X-Subject: Dem Lawyers Urge Congress To Ignore Electoral College, Stop Trump, Make Kamala President
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In yet another attempt to impede Donald Trump from gaining the presidency, on 
Thursday, The Hill ran an opinion piece by two lawyers, one of whom had 
served as president of the New York City Bar, in which they urged Congress to 
reject the Electoral College vote in order to stop Donald Trump from being 
inaugurated as president.

Evan Davis, who once served as editor-in-chief of the Columbia Law Review and 
later served as counsel to New York Democrat governor Mario Cuomo, and David 
Schulte, who had served as editor-in-chief of the Yale Law Journal, later 
became a friend and financial supporter of Barack Obama, and is now an 
investment banker, quoted the 14th Amendment, which states:

	No person shall be a Senator or Representative in Congress, or 
	elector of President and Vice-President, or hold any office, civil or 
	military, under the United States, or under any State, who, having 
	previously taken an oath, as a member of Congress, or as an officer 
	of the United States, or as a member of any State legislature, or 
	as an executive or judicial officer of any State, to support the 
	Constitution of the United States, shall have engaged in insurrection 
	or rebellion against the same, or given aid or comfort to the enemies 
	thereof.

“Disqualification is based on insurrection against the Constitution and not 
the government,” the authors write. “The evidence of Donald Trump’s engaging 
in such insurrection is overwhelming. The matter has been decided in three 
separate forums, two of which were fully contested with the active 
participation of Trump’s counsel.”

The authors cite Trump’s second impeachment trial, in which Democrats sought 
to impeach Trump just before he left office. After the House passed the 
article of impeachment, citing “incitement of insurrection,” on January 13, 
2021, by a 232–197 vote, with all 222 Democrats voting in favor, an argument 
ensued over whether the Senate, which was in pro forma sessions until January 
19, could take on the matter. Then-House Speaker Nancy Pelosi transmitted the 
article of impeachment to the Senate on January 25, five days after Trump had 
left office. Supporters of the impeachment argued that the Constitution 
permitted disqualification from holding future office. Trump was acquitted by 
the Senate on February 13; 57 senators voted in favor of conviction and 43 
voted against.

The authors then cite “the Colorado five-day judicial due process hearing 
where the court ‘found by clear and convincing evidence that President Trump 
engaged in insurrection as those terms are used in Section Three.’” After the 
verdict was affirmed by the Colorado Supreme Court, it was sent on appeal to 
the U.S. Supreme Court, which did “not address the finding that Trump had 
engaged in insurrection,” the authors admitted.

The authors finally cite the House Select Committee that investigated January 
6. They argue that evidence from witnesses leads to “the inescapable 
conclusion … that Trump engaged in insurrection against the Constitution.”

The authors cite the amended Electoral Act stating that one ground for 
objection to an electoral vote is if a vote of one or more electors was not 
“regularly given.” They then offer this supposition: “A vote for a candidate 
disqualified by the Constitution is plainly in accordance with the normal use 
of words ‘not regularly given.’ Disqualification for engaging in insurrection 
is no different from disqualification based on other constitutional 
requirements such as age, citizenship from birth and 14 years’ residency in 
the United States.”

They conclude their argument by stating:

	To make an objection under the Count Act requires a petition signed 
	by 20 percent of the members of each House. If the objection is 
	sustained by majority vote in each house, the vote is not counted 
	and the number of votes required to be elected is reduced by the 
	number of disqualified votes. If all votes for Trump were not 
	counted, Kamala Harris would be elected president. 

--
Let's go Brandon!