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Herstory Begins Now
Aug 5, 2003
SOME REALLY TEDIOUS DUMB SHIT THAT SUCKS ASS TO READ ->>

Zamujasa posted:

I am just going to assume that DJT is still an electoral threat no matter what people's random-rear end calculus is, because not taking DJT seriously is what got us in this mess. "Oh he can't win, people aren't that stupid"

There's also no telling what happens between now and the election, which is still over a year away. Plenty of time for poo poo to change.

yeah i specifically think it's dumb to count anything truly out and god help you if you message 'we're going to win in 202X, we don't even need to try' because that's a very fast way to hugely underperform---just look at 2022, but the question of how the republican party will bridge the divides is the million dollar question for them and very much one of the big things to watch as an observer of republican internal politics

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Syphilicious!
Jul 26, 2007

Herstory Begins Now posted:

? Please answer the questions. I specifically said above that 'Republican voters will fall in line and vote for him' is both disproven and not a solution to the core problem which remains completely unanswered. If that was true, he'd be president right now and he would never have had to try to steal an election.

idk what the sanders stuff has to do with anything at all, nor is anyone talking about a third party break (which is extremely unlikely in a fptp two party system). largescale defection was already seen, just offset by trump activating a bunch of people who otherwise were non-voters

Answer what questions and how? We are quibbling over margins, over whether R voters turned off by the authoritarian implications of Trump's 2024 run outnumber new or returning voters who see a Trump win as an even more explicit gently caress you to The System than 2016, and whether that margin outnumbers the the margin between D voters turned off by Biden's senility and abortive legislative efforts and new or returning voters who see a Trump win as the end of democracy. We will only get a serious answer when some massive event (an actual Trump criminal conviction, some kind of serious public exacerbation of Biden's health/mental problems a la Hillary passing out on 9/11, etc.) causes an unprecedented polling break in one direction or the other, and failing that we'll only get a serious answer on election night. As it stands now, that faultline in the Republican party doesn't mean much at all, and I have no reason to believe that the 40% of Republicans who are sitting on their thumbs and sticking to Desantis or Ramaswamy or whoever the gently caress won't trundle in to vote for Big Don on election night because he still isn't Joe Biden.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal
Half his platform message in 2016 was "these people are all losers, they lose all the time, I never lose. Back me and we win forever."

He's officially a loser now. A loser to Joe Biden. There's extreme negative appeal in that.

Take a look at desantis. He's riding high in the GOP until picking a fight with Disney and losing legal ground. Losers aren't acceptable to the roaring fascist base.

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

Leon Trotsky 2012 posted:

Turnout is almost definitely going to be down from the ~70% it was in 2020.
I'm not sure. Ohio had their highest-ever special election turnout by miles this week. It seems like, thanks to Dobbs, the anti-Republican momentum from 2020 has just been accelerating, not slowing.

If turnout does fall, it will likely be in states that greatly restrict mail-in ballots, which are mostly going to be states that Trump wins comfortably anyway.

Syphilicious! posted:

D voters turned off by Biden's ... abortive legislative efforts
That would be pretty silly, because he's been much more legislatively successful than Obama - the ACA actually was (to quote Biden) a Big loving Deal but it was also an electoral drag on Obama, not a benefit. And he won by 4%, against a candidate made in a lab to appeal to independents. People don't notice it now but I think any competent campaign would bring it to their attention - especially when Republicans are in their districts boasting about the benefits of Biden policies they voted against.

Mellow Seas fucked around with this message at 16:37 on Aug 11, 2023

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

Mellow Seas posted:

I'm not sure. Ohio had their highest-ever special election turnout by miles this week. It seems like, thanks to Dobbs, the anti-Republican momentum from 2020 has just been accelerating, not slowing.

If turnout does fall, it will likely be in states that greatly restrict mail-in ballots, which are mostly going to be states that Trump wins comfortably anyway.

That record was still only about 40% turnout. It was far smaller than a presidential race and you had a chunk of Republican voters voting against the amendment. You aren't going to see 30% of Republicans voting against Trump.

Almost every state will effectively have more restricted mail-in ballots because even states that expanded them during covid aren't mailing them automatically anymore. Add in the states that actually legally restricted them, and there will almost certainly be fewer people voting by mail in 2024 compared to 2020.

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!
Well, I certainly don't think Biden is going to win Ohio by 14 points...

But if you get 40% in an election that the GOP was hoping would get 20%, it seems like turnout should be at least somewhat similarly juiced for major elections. It's not like abortion ISN'T going to be an issue next year.

e: If I can throw another cockiness log on the fire, it seems like there has been a suggestion of a trend in 2018-2022, and in special elections during the last five years, that as an election becomes more obscure it's a benefit to Democrats, not Republicans. The educated, upper middle class accountant nerd who voted for Bush twice will show up in '26 to vote against extremist Republicans, while the stereotypical 2016 voter is too busy shooting a pyramid of Bud Light cans to notice it's Tuesday.

(This is a bit of a mixed blessing, as it puts some economic rightward pressure on the Democrats, but it's an unambiguously terrible thing for Republicans.)

Mellow Seas fucked around with this message at 16:43 on Aug 11, 2023

Memnaelar
Feb 21, 2013

WHO is the goodest girl?
I've already got another thread to fixate my anxieties about Trump's electoral chances in 2024 in. Can we keep this one to the CRIMES CRIMES CRIMES?

Snuffman
May 21, 2004

Judge Schnoopy posted:

Losing Twitter is the nail in the coffin.

Honestly, I think it was losing the character limit. He could be succinctly awful in 128 characters, but once the limit went away he just became crazy rambling grandpa.

Syphilicious!
Jul 26, 2007

Judge Schnoopy posted:

Half his platform message in 2016 was "these people are all losers, they lose all the time, I never lose. Back me and we win forever."

He's officially a loser now. A loser to Joe Biden. There's extreme negative appeal in that.

Take a look at desantis. He's riding high in the GOP until picking a fight with Disney and losing legal ground. Losers aren't acceptable to the roaring fascist base.

Didn't you hear? The election was stolen. It was rigged very bigly. The roaring fascist base doesn't think he actually lost, and all the other Republicans...will probably still vote for him.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

Syphilicious! posted:

Didn't you hear? The election was stolen. It was rigged very bigly. The roaring fascist base doesn't think he actually lost, and all the other Republicans...will probably still vote for him.

Yeah it was stolen but then Trump still lost to the Democrats. Biden is still in the white house and Trump is in court. He's as much of a loser today as anybody he trounced in the 2016 primaries.

BigglesSWE
Dec 2, 2014

How 'bout them hawks news huh!

Snuffman posted:

Honestly, I think it was losing the character limit. He could be succinctly awful in 128 characters, but once the limit went away he just became crazy rambling grandpa.

Yep, this is key to his political story I think. If he could ramble on on Twitter back in 2015 as he can now on Truther (or Twitter/X for that matter, he got his account back he’s just not using it, lol) I seriously genuinely doubt he’d pick up enough momentum and media coverage to make it to the White House.

Trump on Truther right now comes across as Mike Lindell and that is not a winning strategy.

Cimber
Feb 3, 2014

Judge Schnoopy posted:

Yeah it was stolen but then Trump still lost to the Democrats. Biden is still in the white house and Trump is in court. He's as much of a loser today as anybody he trounced in the 2016 primaries.

If only he hadn't gone down that golden escalator in 2015 to try to renegotiate a better deal with NBC for the Apprentice, his and our lives would be so much better.

Hubris is really the curse of the gods.

Syphilicious!
Jul 26, 2007

Judge Schnoopy posted:

Yeah it was stolen but then Trump still lost to the Democrats. Biden is still in the white house and Trump is in court. He's as much of a loser today as anybody he trounced in the 2016 primaries.

At the very least he's probably going to win the Republican nomination--I don't see that changing any time soon even with a conviction. We shall see how much of a loser he is then.

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
14th amendment trending today saying that he can't even be on the ballot.
We just need to enforce it.

https://www.huffpost.com/entry/trump-disqualified-office-law-professors_n_64d5fa85e4b0b8690b83d185
https://www.nytimes.com/2023/08/10/us/trump-jan-6-insurrection-conservatives.html

https://twitter.com/AmoneyResists/status/1689770917453348866

"William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas explain their conclusion in an article set to be published in the University of Pennsylvania Law Review. The constitutional scholars, both active in the conservative Federalist Society, studied the question for more than a year, according to The New York Times.

“When we started out, neither of us was sure what the answer was,” Baude told the Times, adding that they engaged in the research to settle “an important constitutional question.”

The answer, according to Baude: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”"

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

OgNar posted:

The answer, according to Baude: “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”"

None of his charges involve insurrection or rebellion or aid of either by name. Now you get into dodgy questions of "is this insurrection?" Which the supreme court can unilaterally decide.

Syphilicious!
Jul 26, 2007

Judge Schnoopy posted:

None of his charges involve insurrection or rebellion or aid of either by name. Now you get into dodgy questions of "is this insurrection?" Which the supreme court can unilaterally decide.

Yes, good luck trying to get the 14th to stick on anyone who hasn't been convicted for treason or served in the Confederate army.

eke out
Feb 24, 2013



yeah this is just a complete pipe dream. sounds like that's getting published primarily because it's some fedsoc guys writing it and so they get good publicity for themselves (despite advocating for a position they know will never, ever affect trump)

Glimm
Jul 27, 2005

Time is only gonna pass you by

Syphilicious! posted:

and Joe is coughing up coffin dust.


Nah, this is right-wing media bullshit. Joe may have fallen off a bike recently but he is capable of riding one. They're both old as poo poo but Joe is in better physical condition.

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

Syphilicious! posted:

Didn't you hear? The election was stolen. It was rigged very bigly. The roaring fascist base doesn't think he actually lost, and all the other Republicans...will probably still vote for him.
Only, what, 60-70% of Republicans claim to believe that, right? And if 5% of the other 30% say, "Yeah, he is a fuckin' loser, gently caress that guy," then that's losing almost 2% of his voters and more than enough to put things totally out of reach for him.

Glimm posted:

Nah, this is right-wing media bullshit. Joe may have fallen off a bike recently but he is capable of riding one. They're both old as poo poo but Joe is in better physical condition.
I saw one of those "Biden stumbles over words like a dumb old stupid moron!" clickbait things this morning and it was two clips of him giving a speech in Utah. One was six seconds, where he mumbles a bit for a second while trying to remember an obscure state legislator's name, another is a four second clip where he says "John Kerry was the nominee for president of the Democratic party..." which at worst is a minor verbal mixup but also isn't even inaccurate if you parse the syntax a certain way.

They are going to have trouble keeping this narrative up over the campaign when they are setting expectations for Biden so low. If he's half of what he was at the SOTU he'll be five times what they say he is.

Mellow Seas fucked around with this message at 17:56 on Aug 11, 2023

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
Yeah its been brought up before and nothing panned out from it sadly.
But then i'm all for public discussion about how he has betrayed the country in the hopes that something may eventually come from it.

Cimber
Feb 3, 2014

Syphilicious! posted:

At the very least he's probably going to win the Republican nomination--I don't see that changing any time soon even with a conviction. We shall see how much of a loser he is then.

God forbid that something happens to Biden and Harris is the nominee.

Killer robot
Sep 6, 2010

I was having the most wonderful dream. I think you were in it!
Pillbug

Glimm posted:

Nah, this is right-wing media bullshit. Joe may have fallen off a bike recently but he is capable of riding one. They're both old as poo poo but Joe is in better physical condition.

Nah, when it comes along with claims that the DNC was prepared to suicide bomb the party in event of a Sanders nomination and has successfully destroyed the left for a generation, it's purestrain 2020 primary fantasy. When it turned out not to be true the right-wing media picked it up since they're untethered by facts.

bollig
Apr 7, 2006

Never Forget.
https://twitter.com/kaitlancollins/status/1690029222482292736

Syphilicious!
Jul 26, 2007

Glimm posted:

Nah, this is right-wing media bullshit. Joe may have fallen off a bike recently but he is capable of riding one. They're both old as poo poo but Joe is in better physical condition.

I'm talking mental health, not physical. Sleepy Joe drifts in and out, has poor enunciation, rambles, etc. Trump is the exact same clueless moron he was eight years ago.

Killer robot posted:

Nah, when it comes along with claims that the DNC was prepared to suicide bomb the party in event of a Sanders nomination and has successfully destroyed the left for a generation, it's purestrain 2020 primary fantasy. When it turned out not to be true the right-wing media picked it up since they're untethered by facts.

For the five seconds after Nevada that it looked like Sanders might run away with it, at least one CNN talking head was saying that he would sooner vote for Trump than he would for Sanders. A 'democratic socialist' nominated to the party, much less actually put in the Oval Office, simply could not be allowed to happen, and all of the non-Sanders non-Biden candidates immediately dropping out and closing ranks around Biden was their first resort, not their last resort.

Syphilicious! fucked around with this message at 18:03 on Aug 11, 2023

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

Cimber posted:

God forbid that something happens to Biden and Harris is the nominee.
Harris is not a terrible campaigner, and as a person who is still at top mental capacity, is a hundred times better than Biden at explaining policy without making it confusing by putting a mixed-up clause somewhere every few sentences. (People actually like accessible policy explanations, it was a huge strength of Bill Clinton.) I understand that people generally really dislike her, and she's not hot poo poo, and that there is probably an inherent electoral disadvantage for women, but I do think that the contrast with Biden could actually help her, when people are like "oh hey this lady has her poo poo together, huh?" She just has to avoid saying really confusing/tone-deaf stuff (which, granted, is a very heavy lift for her.)

My preference would very much be that Biden serves out his term and Harris gets buried in the '28 primary, but I still think she would beat Convicted Felon Trump. The downside there is that an incumbent Harris would be pretty likely to get the '28 nomination.

Maybe the last few years have made Kamala drift a bit away from the Hillary faction to the Biden faction of the low-key split within establishment Democrats (and I very much prefer the latter, since it does things like make labor leaders labor secretary instead of Howard loving Schultz*), although I wouldn't hold my breath on that.

* I'm still not convinced that the reports Hillary was going to nominate Schultz aren't some kind of backchannel slander but it's way, way too plausible.

Mellow Seas fucked around with this message at 18:07 on Aug 11, 2023

Glimm
Jul 27, 2005

Time is only gonna pass you by

Syphilicious! posted:

Joe drifts in and out, has poor enunciation, rambles, etc.

I should have said physically and mentally. Joe is fine, always done that poo poo to some extent. Thinking he is Kamala's puppet or whatever is just choking down right-wing insanity.

Tatsuta Age
Apr 21, 2005
Probation
Can't post for 24 hours!

Uglycat posted:

Trump's plan is to become president, and pardon himself.

There is no plan B.

He genuinely believes it is going to work.

It will not work.

Then, he will flee.

Question is, when he fully realize that his only plan is destined for failure? We have time, he's not bright.

It will not be his plan that is executed, but the plan of some ally of his.

on the other hand maybe it will work

Syphilicious!
Jul 26, 2007

Glimm posted:

I should have said physically and mentally. Joe is fine. Thinking is Kamala's puppet or whatever is just choking down right-wing insanity.

Nobody thinks Biden is Kamala Harris' puppet. Her position in the administration is more than enough evidence of that. But he is slipping and slipping hard, and it's moronic to pretend that it isn't happening in the same political moment that has McConnell and Feinstein filling their diapers on live TV. He has his good moments and his bad moments, but the bad moments are there: he gets confused and angry and gives up on thoughts and sentences, and none of those missed stage cues where kind of wanders around looking for the exit make for good television.

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

Syphilicious! posted:

Nobody thinks Biden is Kamala Harris' puppet. Her position in the administration is more than enough evidence of that. But he is slipping and slipping hard, and it's moronic to pretend that it isn't happening in the same political moment that has McConnell and Feinstein filling their diapers on live TV.
He seems exactly the same as he did three years ago to me. Not that he can't start slipping at any second, but I don't see any actual evidence of it. Of course, part of that is because he does less public speaking than most presidents. He was certainly less sharp at 78 than he was at 70, so there's a trend there, but I dunno. We'll see whether it's true or not as the campaign spins up next year.

I also have a conspiracy theory that Biden's reelection run is a DNC plot so he can drop out for health reasons before the convention and they can get their preferred candidate (probably Newsom) in without a messy primary.

Mellow Seas fucked around with this message at 18:11 on Aug 11, 2023

Glimm
Jul 27, 2005

Time is only gonna pass you by

Syphilicious! posted:

He has his good moments and his bad moments, but the bad moments are there: he gets confused and angry and gives up on thoughts and sentences, and none of those missed stage cues where kind of wanders around looking for the exit make for good television.

Nah, just stupid media personalities hyping this and dopes falling for it.

Syphilicious!
Jul 26, 2007

Glimm posted:

Nah, just stupid media personalities hyping this and dopes falling for it.

Stupid media personalities hyping it by showing videos of him talking and appearing in public? is that true for McConnell and Feinstein as well? Are those 'nothingburgers' too?

Glimm
Jul 27, 2005

Time is only gonna pass you by

Syphilicious! posted:

Stupid media personalities hyping it by showing videos of him talking and appearing in public? is that true for McConnell and Feinstein as well? Are those 'nothingburgers' too?

They're not equivalent at all imo. I'm done with this derail, apologies for starting it.

Glimm fucked around with this message at 18:19 on Aug 11, 2023

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!
Since I have been a top contributor to this 2024 election derail I thought I would post some CRIMES stuff.

Former Bush admin lawyer (and anti-Trumper) David French laid out a little fake legal debate between Trump's defense and the prosecution. When I saw the op-ed I rolled my eyes at the thought of a centrist ventriloquizing two sides he didn't belong to, but it actually is a pretty decent and dry summary. It works almost more like a "Vox explainer" kind of thing than an actual op-ed.

David French in the NYT posted:

Let's Have a Face-Off on Trump's Indictment

The latest Trump indictment is much more complicated than the first two Trump indictments and probably any indictment that would come out of Fulton County, Ga. It attacks a scheme that played out across several weeks, in several states, involving dozens of others, including Trump-allied activists, those cited as co-conspirators and G.O.P. hacks who tried to overturn the 2020 election in state after state.

I thought the best way to understand the challenges the prosecution and the defense would face before jurors and appellate judges would be to let both sides have their say — through me. Each side’s factual and legal arguments will play out in hundreds of pages of briefs and countless hours of trial testimony and oral advocacy. Let me cut to the chase, arguing the primary issues without, I hope, losing too much of the complexity of the case.

Imagine two lawyers arguing their cases for you, a nonlawyer:

Prosecution: Look, I know the indictment is long — and the trial may well last for weeks — but the elevator pitch is simple. Donald Trump conspired with a number of other individuals to overturn an election that he knew he lost. That scheme included a number of elements, from deliberately lying to state legislators to defraud them into altering the results to orchestrating a fake elector scheme that cast sham Electoral College votes to threatening a state official to help Trump “find” the votes necessary to change the outcome in Georgia.

Defense: Sure, that all sounds compelling, but on closer examination, the case collapses. Let’s just start with the word “knew.” You’re going to present evidence that a number of administration officials and others rendered an opinion that the election was fair and that Joe Biden won. We’re going to present evidence that Trump received an avalanche of legal counsel to the contrary. He heard from lawyer after lawyer who told him that there may well have been decisive amounts of fraud in key swing states. Trump heard from two sets of lawyers who disagreed with each other, and he decided to follow the advice of one team of attorneys over the other. Following bad legal advice shouldn’t land anyone in jail.

nd you well know that each and every statute in your indictment requires a showing of criminal intent. For example, your most attention-grabbing count — 18 U.S.C. Section 241 — which protects the right to vote from criminal conspiracies, requires proving my client possessed “the intent to have false votes cast.” He intended for electors to cast true votes, in his favor.

You also know that the viability of two other counts — obstruction of an official proceeding and conspiracy to obstruct an official proceeding — “hangs on by a thread,” in the words of Lawfare’s Saraphin Dhanani. The statute itself is poorly written and may not even apply to Trump’s conduct, and the intent requirement may be more strenuous than you believe. After all, in an appeals court ruling upholding a verdict against a Jan. 6 defendant, Judge Justin Walker wrote in his concurrence that to prove corrupt intent, you don’t just have to prove a defendant knew he was obtaining an unlawful benefit but also that obtaining that unlawful benefit was his “objective” or “purpose.”

Good luck making that case. Trump’s objective was to expose fraud.

Prosecution: The people you call Trump’s lawyers, we call his co-conspirators. A number of the people that you say Trump relied on weren’t providing legal counsel in good faith; they were scheming right along with him to commit crimes. And you don’t have to trust my word on that. Look at court cases and bar actions. Several of Trump’s co-conspirators have been fined by courts and now face the potential loss of their law licenses because of the advice they gave.

In fact, “advice” is the wrong word. Lawyers aren’t fined and disbarred for giving good-faith legal advice. But co-conspirators are punished for breaking the law.

Moreover, you might fool Trump supporters, but you won’t fool the jury. Proving intent is not nearly as difficult as you’re telling the public. Defendants lie about their intentions all the time, and juries are fully capable of seeing through those lies. We’re going to show the jury that every credible official gave Trump the same advice, and we’re going to show that Trump thought at least some of his allies’ advice was “crazy” and that he thought Mike Pence was “too honest.” Cassidy Hutchinson told the House Jan. 6 committee that Trump told his chief of staff, Mark Meadows, something like, “I don’t want people to know we lost, Mark. This is embarrassing. Figure it out. We need to figure it out. I don’t want people to know that we lost.”

The man wasn’t trying to expose fraud. He was committing fraud.

Defense: You believe that Trump told Pence he was too honest? Or that he said Sidney Powell’s case was crazy? Your witnesses are lying. He never said Pence was too honest.

Prosecution: So you’re telling me that Trump is going to take the stand and deny those statements to the jury? And then I get to cross-examine him?

Defense: I’ll get back to you on that.

Prosecution: And don’t get me started on that First Amendment defense I’ve watched you make on Fox News. First-year law students learn, as a former federal prosecutor told The Times, “there is no First Amendment privilege to commit crimes just because you did it by speaking.” Look at the indictment again. We acknowledge that Trump had the right to challenge the election and to file all those absurd lawsuits. We’re not indicting him for any of that. We’re not even indicting him simply for lying. We know that politicians have lied about elections practically since the founding of this country. We’re indicting him for entering into conspiracies, and we both know there is no First Amendment privilege to conspire to cast false electoral votes. Courts have heard cases involving fraud and conspiracies against rights — including voting rights — for decades, and the First Amendment doesn’t shield proven conspirators from criminal liability.

Defense: So we’re talking about court precedents now, are we? The key precedents you cite are old. The most important Supreme Court precedent involving conspiracies against rights was written by Thurgood Marshall. Let’s just say that his jurisprudence is out of fashion with the court’s conservative majority.

In reality, the Supreme Court has been busy narrowing the reach of federal fraud statutes. If you haven’t read National Review’s editorial about the case, I’d urge you to read it now. Fraud statutes are designed to prevent citizens from swindling the government out of money or tangible property. The obstruction statute is designed to stop witness tampering or destruction of evidence, not to stop litigants from making bad legal arguments about election fraud. And the conspiracy-against-rights count applies a Reconstruction-era statute that was designed to, as National Review argues, “punish violent intimidation and forcible attacks” against Black Americans who tried to vote.

In other words, even if you prove the facts of your case, the statutes just don’t apply.

Prosecution: Yes, I’ve read the National Review editorial, but might I direct you to the former prosecutor Ken White’s comprehensive response? The bottom line is that you’re describing what you want the law to be, not what the law is. For example, your arguments about the fraud count don’t apply to the actual fraud statute we charged. Moreover, National Review’s interpretation of the law conflicts with court precedent that’s more than a century old.

In 1910 the court wrote that the definition of a conspiracy to defraud the United States “is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government.”

I know you don’t think that Section 1512, the obstruction statute, applies to this case, but the United States Court of Appeals for the D.C. Circuit upheld our broader interpretation just this April — in a case you already cited, by the way. You’re banking on the Supreme Court disagreeing with a decision rendered by a circuit court majority that included a judge who once clerked for Brett Kavanaugh.

As for Section 241, which prohibits a “conspiracy against rights,” once again our interpretation of the statute is supported by generations of precedent. A review of relevant case law takes us from a series of critical cases in the 1930s to the 1974 Supreme Court opinion I talked about earlier and to a conviction this year of a man named Douglass Mackey. He engineered a scheme to deceive Hillary Clinton voters into “voting” by text message rather than casting an actual, legal ballot. His scheme wasn’t violent or forcible, but it was certainly illegal.

Look, lawyers make good-faith arguments to reverse or revise precedent all the time. Sometimes those arguments succeed. But you need to tell your client that the existing case law is on my side, not yours, and if he is resting his defense on the Supreme Court coming to his aid, you might want to remind him that even the justices he appointed rejected or refused to hear his legal arguments many times before.

Defense: There’s a Supreme Court case you failed to mention, McDonnell v. United States. I know it doesn’t involve the statutes at issue here, but the case shows the Roberts court’s desire to narrow broad criminal statutes. A unanimous Supreme Court threw out the conviction of the former Virginia governor Robert McDonnell on the grounds that the lower courts had construed the term “official act” too broadly in a bribery case. This is a clear indication that the Supreme Court is looking to limit, not expand, the interpretation of federal criminal statutes.

Also, remember the rule of lenity? When a law is unclear or ambiguous, the benefit of the doubt goes to the defendant, not the government. And again, this is a principle embraced by justices across the ideological spectrum. This term, the court used the rule of lenity to rule in favor of a defendant in a Bank Secrecy Act case, and Justices Ketanji Brown Jackson and Neil Gorsuch were in lock step agreement. I can read the judicial signs, and the signs point toward narrowing the law.

Prosecution: We’re not applying new or novel interpretations to criminal law. Every single count is supported not just by the text but also by a vast amount of precedent. You say the age of our precedent is a problem. I say it’s an advantage. The law has already been interpreted. It is already clear. There is no legal ambiguity in casting fake electoral votes or in utilizing clear threats of criminal prosecution to try to coerce state officials to change the outcome of an election.

Your best legal argument rests on what the law might be. Our legal argument rests on what the law actually is. You need to disrupt American law to prevail. We simply need to persuade a conservative court to remain conservative, to follow its instincts to resist radical change.

Defense: We’ve not yet begun to fight. I’ve barely scratched the surface of your proof problems. Your indictment might fool Democrats and those Never Trump traitors, but it doesn’t fool me. For example, in Paragraph 66 of the indictment, you say that “fraudulent electors convened sham proceedings” to cast “fraudulent electoral ballots” at the “direction” of Trump.

But that’s a conclusory statement. Where is the actual evidence that he was in command of that process and not one of his lawyers and allies? You’re making a big, bold claim, and that’s going to require big, bold evidence. And that indictment just doesn’t deliver the goods.

Prosecution: The indictment describes in detail Trump’s intimate cooperation with his co-conspirators. Are you arguing they were acting on their own? That Trump was just a bystander to the fraudulent efforts on his behalf? Trump was so involved in the effort to overturn the election that he made calls. He said Georgia’s secretary of state and legal counsel faced a “big risk” of criminal prosecution if they (as we said in our indictment) “failed to find election fraud as he demanded.” He called the Republican National Committee chairwoman to put the fake electors plan in motion. Yes, Trump had free-agent allies who tried to help him steal the election, but none of the co-conspirators were free agents. They were all his partners in crime. Besides, as you well know, this indictment is the summary of our evidence, not the sum total of our evidence. Not only do we possess the evidence sufficient to make that claim; the grand jury is still at work.

I think this exercise spotlights the most important issues, for now. Both sides have barely begun to fight, and the public has barely begun to consider the full range of evidence and arguments in the case.

Moreover, this piece doesn’t deal at all with the effect of the prosecution on the body politic. On Tuesday, The Times published a compelling piece by a Harvard Law School professor, Jack Goldsmith, warning of the consequences of prosecuting a former president during an election campaign.

My view is that the American government faces greater risks if prosecutors don’t try to punish Trump for his coup attempt. As I wrote on the day of the indictment, it’s necessary to prosecute Trump on these facts — not because a conviction is inevitable but because our nation cannot set a precedent that presidents enjoy a zone of impunity for their misconduct that no other citizen enjoys.

I wouldn’t just be comfortable bringing this case to a jury; I’d be eager to make my argument. But I’d also know that Trump’s legal team has its own defenses, and it’s far from certain that a judge or a jury will agree with the prosecution’s case. But democracies aren’t sustained without risk, and prosecuting Trump is a risk our nation needs to take.
My main takeaway is that it seems like Trump's defense is going to be obliterated by Mark Meadows' testimony, and Trump can't take the stand to say he's lying without subjecting himself to cross examination by Jack Smith, and we saw in the E. Jean Carroll depositions about how well he would do with that.

Mellow Seas fucked around with this message at 18:21 on Aug 11, 2023

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer

Cimber posted:

God forbid that something happens to Biden and Harris is the nominee.

Harris is currently less popular than Biden, which is a terrible sign for her electability. Sure, that may be due to racism and/or sexism, but having approval ratings in the 30s is pretty dire. She performed terribly in the Dem primary.

If Biden dies right before the general and Harris becomes the nominee without having won a primary ever, I can easily see Trump winning. Dems, even moderate ones, would be super pissed about having a nominee that no one chose.

Main Paineframe
Oct 27, 2010

Herstory Begins Now posted:

I am asking quite straight forwardly: how do you see the republican party bridging the current divide that defines the party? Yes I certainly agree that anything is possible and in particular dems really need to not message anything at all ever on 'republicans are hosed and can't win' or get complacent, but those are both entirely separate from the question of how the gop gets over its currently fractured state.

gop is currently split roughly down the middle on Ukraine, has a significant divide on abortion and has a huge problem where ~30% of republicans are diehards for trump and ~30% of republicans (and even more independents) hate trump. those are big dilemmas that are going to be very difficult to fix

By focusing on the one point that they all wholeheartedly agree on: that Barack Obama Hillary Clinton Joe Biden is the anti-Christ and must be stopped at all costs before he destroys America.

The GOP has been wrestling with these internal divides for basically the entirety of the 21st century so far. While it's certainly brought a lot of stress and instability to the party, so far there isn't really any evidence that these splits are consistently ruining its chances. Sure, 2020 and 2022 haven't been so great for the GOP, but I wouldn't be so quick to declare that this is finally the breaking point.

Syphilicious! posted:

I'm talking mental health, not physical. Sleepy Joe drifts in and out, has poor enunciation, rambles, etc. Trump is the exact same clueless moron he was eight years ago.

For the five seconds after Nevada that it looked like Sanders might run away with it, at least one CNN talking head was saying that he would sooner vote for Trump than he would for Sanders. A 'democratic socialist' nominated to the party, much less actually put in the Oval Office, simply could not be allowed to happen, and all of the non-Sanders non-Biden candidates immediately dropping out and closing ranks around Biden was their first resort, not their last resort.

One random talking head dumbass on CNN saying he wouldn't vote Sanders in the election is not evidence that the Democratic Party would run a spoiler candidate against Sanders in the primary. Hell, there were a handful of conservative talking heads who dared to go on TV and say they wouldn't back Trump in the general, and yet there was no third-party spoiler from the GOP side.

Syphilicious! posted:

Stupid media personalities hyping it by showing videos of him talking and appearing in public? is that true for McConnell and Feinstein as well? Are those 'nothingburgers' too?

None of that's new for Joe at all, though. He's been notoriously prone to off-the-cuff speaking mistakes, confused moments, and gaffes for a very long time. He's had that reputation for decades at that point, it's not an old age thing. Maybe it's worse now, but it's impossible to tell when the GOP is combing over every second of Biden public appearances for something they can recut into a Biden gaffe moment regardless of how much they have to edit the video.

In practice, it doesn't really seem to bother voters. As Joe himself put it back in 2018, "I am a gaffe machine, but my God what a wonderful thing compared to a guy who can’t tell the truth".

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!
Biden has not made traditional "Biden-style" gaffes (e.g. "you ain't black") in his presidency, which suggests he's being very, very heavily stage managed, which might make him appear even less comfortable speaking because he's basically spending the entire time holding in gigantic verbal farts.

Fart Amplifier
Apr 12, 2003

Nitrousoxide posted:

A pardon is, in fact, an implicit admission of guilt. The SCOTUS has held you can refuse a pardon for this (and other) reason(s).

BURDICK v. UNITED STATES. 236 U.S. 79 (1915)

They didn't rule that a pardon is an implicit admission of guilt.

a) it's dictum
b) the statement is that it "carries an imputation of guilt and acceptance of a confession of it" which is not saying that they are guilty and have confessed
c) lots of provably innocent people are exonerated by pardon

Cimber
Feb 3, 2014
The problem for the GOP (And the democrats but they are handling it differently) is that they are a 'big tent', with many different factions with competing goals trying to run policy. Between the Nixon Era to 9-11, the leading faction was the business types who controlled things. Neocons/war hawks were second in control, while the religious nutcakes were tolerated and given lip service and promises to 'do something' about abortion in exchange for their votes and money.

After 9/11 the neoncons/war hawks pretty much took over, and the business types started having their power wane a bit while the nutcakes started getting more and more power. The growth of the internet helped add a 4th faction, the anti-government conspiracy wackos who always were in the dark corners of the GOP but not able to communicate. At the same time the blue collar guy, normally a reliable democratic voter figured out that he was getting screwed by the democrats and everything was their fault. Oh, and unions sucked! So now in 2008 the GOP had 5 factions duking it out. Business, neocons, nutcakes, conspiracy wackos and blue-collar joes.

Then the black guy happened. The neocons and business factions were shunted aside with the help of Fox News who catered to the number one thing, ratings. How to get ratings? Give the wakcos, nutcakes and joes what they want.

Trump? Well, he weponized nutcakes, as we saw. Business? Not happy at all. Wackso? Love it, they got what they wanted even if they didn't _really_ want it. Joes? They are happy to have someone to blame.

However, all this is a very unstable coalition, and we are starting to see the threads pulling at the scenes. I would not be surprised if in 20 years the business wing has moved over towards the democrats because the one thing they want is calm and stability, and the current GOP does not exactly give them that.

Lammasu
May 8, 2019

lawful Good Monster

Yiggy posted:

Their brainwormed client insists that they "Get out there" and flood the zone with defense. There has been a bunch of reporting on Trump that he has a strong psychological need for surrogates to always be out there on TV (what he watches all day) supporting and affirming him.

I am imagining a far more pleasant reality where Trump got really into vtubers.

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Murgos
Oct 21, 2010

I think this is brilliant if she actually does it.

“We need a month to respond to the government’s motion”

*Trump rants about Smith on Fox*

“you have three days so that we can maintain schedule and preserve your clients right to a fair trial”

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