Have you studied the Ayaan Hirsi Ali piece? I assigned it yesterday. The mind and life you save may be your own.
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These lawsuits and trials against Trump are all de facto bills of attainder aimed at only one man, and they are unconstitutional on the face of it per Article 1, section 9. They should all be thrown out.
A bill of attainder is a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process.
In the United States, bills of attainder are unconstitutional as stated in Article 1 Section 9 and Article 1 Section 10 of the U.S. Constitution. Article 9 prohibits federal bills of attainder and Article 10 prohibits bills of attainder by the states. The constitutional ban on bills of attainder works to uphold separation of powers principles by preventing Congress from assuming the functions of the judicial branch.
Courts have adopted a three-part test to determine if a law functions as a bill of attainder:
The law inflicts punishment.
The law targets specific named or identifiable individuals or groups.
Those individuals or groups would otherwise have judicial protections.
In the interest of precision, there can be no de facto laws, only de jure, by definition; the decision of a member of the judicial branch is not "legislation", and so far forth not a "law".
So, while the practical effect of Merchan's decisions during the trial have had an effect almost indistinguishable from the passing of a bill of attainder, it is not that, and not - in that regard - unconstitutional.
That having been said, every element of this case is unquestionably illegal, and should not only be summarily dismissed, but any and all of the agents of the State (at least) involved in its prosecution should be jailed until the sun fails.
But all of that is as may be: the Rule of Law is (de facto) defunct in the you-ess-of-ay, so the details of legal reasoning are otiose.
Mr. Doran, you are correct, there is no more rule of law here. I realized that when FBI Director Comey would not charge Hillary Rodham Clinton for keeping classified information on an unsecured computer server in her bathroom, a breach of security for which she would have been shot in wartime, and which in any case almost certainly got people killed. The fact that we now have a supreme court justice who cannot tell what a woman is, even though she (probably) is one, is just shit icing on the shit cake. I have no respect at all for any of it at this point.
Bezmenov's revelations are not well known in the West despite their golden value for understanding the mortal enemies of the West. Alinsky is a clueless child in comparison. Kudos to Ali's article. As good and even more important than her conversion article. Having actually lived in places like Somalia or USSR cures the thinking person from illusions and delusions that plague snowflakes who grew up in the free West.
These two paras are, however, inappropriately triumphalist and excessively hopeful:
>>We are witnessing the rapid ending of politics. [Say WHAT?]The Democrats’ captive audience of minorities, unions, Jews, and cisgenderists are fleeing to MAGA sanity. GOP RINOs are systematically being purged. [How many of them?]Neocon warhawks, who fled the Democrats when they became too dovish, have scurried back to the Uniparty to advocate incessant wars. Trump is crafting a new political landscape from the smoldering ruins of three political parties. Demand for competent governance replaces partisanship.
As Roger Simon noted, Trump ended identity politics -- something long overdue thanks to inevitable contradictions. [You wish!, and so do I] We are exhausted from infighting and seek comity, a truce between factions. Political labels and parties have lost any relevance or meaning. [Bullshit! Label we must and label we will!]<<
The article continues somewhat in this vein, but makes many good points along the way.
Thanks for the sobering link. A few years ago I asked our friend Oz, an Englishman and a Londoner, and hardly a leftist (though he is a Trump hater), how a Muslim could become mayor of London. His reply? "He was elected' Yes, but . . . .
The West has become decadent and tired. Perhaps as an historian whose approach is that of the longue durée you have some special insights as to how this decadence has come about.
But the fact of our decadence and inanition is undeniable. The celebration of the worthless George Floyd is a good example. He is celebrated while the authorities allow and in some cases encourage the destruction of memorials to great men.
And yet, astonishingly, people like OZ, who is not stupid, oppose DJT thereby supporting a supporter of the celebration of Floyd, Biden. But then, how intelligent is a man who apparently has no concern for his own future, that of his family, and that of his homeland, not to mention the English tradition in philosophy that he champions?
When I say that Floyd is worthless, I am speaking in secular terms, leftist terms. You and I believe that we are all equal in the eyes of God. But this metaphysical basis of equality is unavailable to leftists.
>>Four indictments and one set of convictions later, a Democrat-led lawfare strategy has failed so far to derail Donald Trump’s bid to return to the White House, but it has triggered an avalanche of financial support as the former president hold leads in most battleground states that will decide the 2024 election.
No where was Trump’s resilience more obvious than his travels across the West Coast this weekend, where he collected $12 million at a Silicon Valley fund-raiser at the home of a Big Tech executive who used to support Hillary Clinton, scored millions more at events in blue southern California and then jetted off to Las Vegas for a boisterous rally in Nevada where a post-conviction poll showed him leading that once-Biden-friendly state by five points.<< https://justthenews.com/politics-policy/all-things-trump/mondemocrat-lawfare-has-failed-derail-trump-campaign-so-far-while
These lawsuits and trials against Trump are all de facto bills of attainder aimed at only one man, and they are unconstitutional on the face of it per Article 1, section 9. They should all be thrown out.
Posted by: Joe Odegaard | Friday, June 07, 2024 at 06:49 AM
I'm glad you pointed that out, Joe.
See here: https://www.law.cornell.edu/wex/bill_of_attainder
Bill of Attainder
A bill of attainder is a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process.
In the United States, bills of attainder are unconstitutional as stated in Article 1 Section 9 and Article 1 Section 10 of the U.S. Constitution. Article 9 prohibits federal bills of attainder and Article 10 prohibits bills of attainder by the states. The constitutional ban on bills of attainder works to uphold separation of powers principles by preventing Congress from assuming the functions of the judicial branch.
Courts have adopted a three-part test to determine if a law functions as a bill of attainder:
The law inflicts punishment.
The law targets specific named or identifiable individuals or groups.
Those individuals or groups would otherwise have judicial protections.
Posted by: BV | Friday, June 07, 2024 at 11:11 AM
In the interest of precision, there can be no de facto laws, only de jure, by definition; the decision of a member of the judicial branch is not "legislation", and so far forth not a "law".
So, while the practical effect of Merchan's decisions during the trial have had an effect almost indistinguishable from the passing of a bill of attainder, it is not that, and not - in that regard - unconstitutional.
That having been said, every element of this case is unquestionably illegal, and should not only be summarily dismissed, but any and all of the agents of the State (at least) involved in its prosecution should be jailed until the sun fails.
But all of that is as may be: the Rule of Law is (de facto) defunct in the you-ess-of-ay, so the details of legal reasoning are otiose.
Welcome to Weimerica.
Posted by: john doran | Friday, June 07, 2024 at 04:20 PM
Mr. Doran, you are correct, there is no more rule of law here. I realized that when FBI Director Comey would not charge Hillary Rodham Clinton for keeping classified information on an unsecured computer server in her bathroom, a breach of security for which she would have been shot in wartime, and which in any case almost certainly got people killed. The fact that we now have a supreme court justice who cannot tell what a woman is, even though she (probably) is one, is just shit icing on the shit cake. I have no respect at all for any of it at this point.
Posted by: Joe Odegaard | Friday, June 07, 2024 at 07:45 PM
Bezmenov's revelations are not well known in the West despite their golden value for understanding the mortal enemies of the West. Alinsky is a clueless child in comparison. Kudos to Ali's article. As good and even more important than her conversion article. Having actually lived in places like Somalia or USSR cures the thinking person from illusions and delusions that plague snowflakes who grew up in the free West.
Posted by: Dmitri | Saturday, June 08, 2024 at 08:19 AM
Well said, Dmitri!
Posted by: BV | Saturday, June 08, 2024 at 11:51 AM
Bro Joe sends us to a very good article: https://www.americanthinker.com/articles/2024/06/trump_plays_the_long_game.html
These two paras are, however, inappropriately triumphalist and excessively hopeful:
>>We are witnessing the rapid ending of politics. [Say WHAT?]The Democrats’ captive audience of minorities, unions, Jews, and cisgenderists are fleeing to MAGA sanity. GOP RINOs are systematically being purged. [How many of them?]Neocon warhawks, who fled the Democrats when they became too dovish, have scurried back to the Uniparty to advocate incessant wars. Trump is crafting a new political landscape from the smoldering ruins of three political parties. Demand for competent governance replaces partisanship.
As Roger Simon noted, Trump ended identity politics -- something long overdue thanks to inevitable contradictions. [You wish!, and so do I] We are exhausted from infighting and seek comity, a truce between factions. Political labels and parties have lost any relevance or meaning. [Bullshit! Label we must and label we will!]<<
The article continues somewhat in this vein, but makes many good points along the way.
Posted by: BV | Saturday, June 08, 2024 at 12:13 PM
Here is Robert Spencer on the transformation of the UK into a Muslim state: https://pjmedia.com/robert-spencer/2024/06/08/a-world-historical-transformation-is-taking-place-in-britain-yet-few-have-noticed-n4929722
Posted by: Vito B. Caiati | Sunday, June 09, 2024 at 06:01 AM
Vito,
Thanks for the sobering link. A few years ago I asked our friend Oz, an Englishman and a Londoner, and hardly a leftist (though he is a Trump hater), how a Muslim could become mayor of London. His reply? "He was elected' Yes, but . . . .
The West has become decadent and tired. Perhaps as an historian whose approach is that of the longue durée you have some special insights as to how this decadence has come about.
But the fact of our decadence and inanition is undeniable. The celebration of the worthless George Floyd is a good example. He is celebrated while the authorities allow and in some cases encourage the destruction of memorials to great men.
And yet, astonishingly, people like OZ, who is not stupid, oppose DJT thereby supporting a supporter of the celebration of Floyd, Biden. But then, how intelligent is a man who apparently has no concern for his own future, that of his family, and that of his homeland, not to mention the English tradition in philosophy that he champions?
Posted by: BV | Sunday, June 09, 2024 at 09:49 AM
Vito,
When I say that Floyd is worthless, I am speaking in secular terms, leftist terms. You and I believe that we are all equal in the eyes of God. But this metaphysical basis of equality is unavailable to leftists.
Posted by: BV | Sunday, June 09, 2024 at 09:54 AM
https://amac.us/newsline/society/the-u-s-legal-system-is-the-latest-victim-of-the-elites-relentless-pursuit-of-donald-trump/
Posted by: BV | Tuesday, June 11, 2024 at 04:06 AM
The Boomerang
>>Four indictments and one set of convictions later, a Democrat-led lawfare strategy has failed so far to derail Donald Trump’s bid to return to the White House, but it has triggered an avalanche of financial support as the former president hold leads in most battleground states that will decide the 2024 election.
No where was Trump’s resilience more obvious than his travels across the West Coast this weekend, where he collected $12 million at a Silicon Valley fund-raiser at the home of a Big Tech executive who used to support Hillary Clinton, scored millions more at events in blue southern California and then jetted off to Las Vegas for a boisterous rally in Nevada where a post-conviction poll showed him leading that once-Biden-friendly state by five points.<<
https://justthenews.com/politics-policy/all-things-trump/mondemocrat-lawfare-has-failed-derail-trump-campaign-so-far-while
Posted by: BV | Tuesday, June 11, 2024 at 04:16 AM