Two shorties today- we’re looking at two fundamentals of the Constitution - the rule of law, and the oath to that rule of law.
First, the SCOTUS, the rule of law, and the environment we’re now living in.
Several known facts were verified by Jack Smith’s Volume One report on Trump’s Jan 6 charges, chief among them;
The Supreme Court broke the law.
I don’t mean they violated it.
They broke it.
Damaged it. Fractured it.
Busted. Smashed. Wrecked it into little pieces.
They broke the rule of law.
They did it to everybody for the sake of one man.
A criminal.
They protected him from punishment so he could run for president and escape all of it.
And he has.
He tried three ways to overturn the election- fraudulently, collusively, and violently.
He stole hundreds of docs of top secret and classified National Defense Info and shared it with God knows who, but probably Putin.
And he’s been convicted of 34 counts of election fraud from 2016, meaning he cheated to gain his first term as president.
There has simply never been such a lousy lying hardened criminal in the White House, and they let him back in.
I don’t mean all 9 of them, of course.
Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson have been ruling objectively, as the vast majority of Supreme Court Justices have in the past. And, that’s not to mean ‘liberal’, as there have been instances where 7-9 of them agreed. They, as we’d like to think most past justices would, dissented to all of these warped decisions, and so far, only once have two of the six conservatives sided with them regarding anything to do with Trump.
No, I mean, as we not-so-lovingly call them- the FedSoc 6 -Roberts, Alito, Thomas, Kavanaugh, Gorsuch, and Barrett.
All Federalist Society picks. All beholden to conservative dogma above their oaths of office. The last three placed by Trump.
Now, Republicans are always obfuscating- their bills, their policies, their spoken complaints- everything is blurred to hide the fact that they’re blatantly wrong. Or doing harm. Or both. Or worse.
And, now, the Supreme Court is no different.
For example, arguing the power of the state to withhold a candidate from the national ballot is obfuscation when the defendant has been adjudicated as an Insurrectionist. Trump was found guilty of it in the same Colorado Supreme Court case that ruled he couldn’t be on the ballot, for that reason. You’d think that would be the superseding judgment- the more serious crime- but the SCOTUS ignored that and ruled on the most general sub-issue, national candidacy at the state level.
Their logic, if you can call it that, seems to be that a single state cannot determine the entire national ballot, and so, cannot invoke the 14th Amendment to remove someone at the national level. Or some mushroom induced shit like that. I told them not to buy mescaline from the guy in the El Camino.
This, despite the fact that each individual state must approve such candidates in the first place.
Had they considered Trump’s Insurrection judgement and the states’ ballot authority, they would have had no leg to stand on in letting him off. Allowing for context, they’d have had no choice but to allow the Insurrection ruling from Colorado as a violation of the 14th Amendment, barring Trump from being on any ballot anywhere at all.
Well, they couldn’t do that.
Just because a state Supreme Court ruled that a combination of fraud, deceit and violence to remain in power semantically qualified as insurrection didn’t mean they had to.
So, they obfuscated it to a position that could allow a rule in his favor, just as Cannon had done in Florida with his documents case, another slam dunker sabotaged by its own judge.
As a result, an insurrectionist traitor is president again.
That wasn’t enough. They didn’t just let him off, they destroyed the law he had broken, nullifying the Colorado rulings by adding a completely extemporaneous ruling that Congress had to impose the charge, despite the actual amendment saying Congress could only discharge it.
Now, nobody can be barred from office for insurrection per the 14th Amendment because Congress has to make the charge.
This isn’t administering the law, it’s writing it from the bench- something Republicans have accused the ‘liberal’ courts of every time any court ruled against Republicans.
Not one of their accusations about ‘liberal judges’ was true.
This one, about their Supreme Court Majority, sadly, is.
It’s bad enough that we have a major political party racing towards fascism. It’s bad enough that they have the most criminal person in American history as their leader. It’s bad enough that he’s a narcissistic moron who can’t put a sentence together unless he’s trashing someone, lying through his teeth, or praising himself.
And then these fucking jamokes on the Supreme Court have to pander to his ass, kissing it in public every time he drags some shit in there.
Every case they get now is an obvious decision, and they blow it, intentionally.
A discrimination law shouldn’t be overturned on behalf of a person who’s never been affected by it, like, say, a web designer wanting to refuse gay wedding sites who’s never been asked to do one.
No one who’s part of the Mifepristone case from Texas has been harmed, but the SCOTUS is allowing it to continue.
The Constitution nowhere allows for criminal behavior by a sitting politician, much less the president, but the FedSoc 6 have condoned it by allowing Trump to call fraud and insurrection ‘official acts’ and making anything he calls ‘official’ immune from prosecution.
So, thanks to them, in the White House, a crime can be an official act and an official act can’t be a crime.
I’m sure all of you can think of more examples.
The majority of the FedSoc 6 decisions have been exactly this type of thing.
So, who’s more dangerous? The criminal, or the judge who lets him off?
I know.
~~~~~~~~
And, our second shorty today- a look at Trump’s (Project 2025’s) plan for the military, and what might be done about it.
With the Supreme Court practically invalidating the law at the highest level, we need to invoke it at the lowest level.
If Trump tries to go through with his foreign ally threats, tariffs, restrictions, and wanting to ‘take’ NATO Allied Greenland and Canada, as well as the Panama Canal, he would likely have to do it illegally.
Because, of course he would.
I have trouble seeing even these Republicans voting to declare war on Canada or to invade Greenland. They do disappoint, though, just when you thought they could go no lower.
But, sending troops into battle without that Congressional approval would be against the law.
So, invoking the Insurrection Act and instituting martial law would be the only way Trump could do it, and, indeed, that’s on the table per Project 2025.
Thing about it is, all of the premises laid out on P2025 to justify this, and the full execution of all of it as law, are completely fictional, as in, either ideological complaints or outright falsehoods.
This means that the declaration of martial law would itself be illegal, not genuinely invoked during an insurrection, and here’s the big part- see, it’s illegal to follow illegal orders.
Let’s look at that again. If someone orders you to do something that’s against the law or the Constitution, it’s against the law to follow that order.
No one can order anyone to commit a crime, not even the goddamn president.
This kind of shit used to get a lot of press back in the 60s-70s protests against the Vietnam War and Nixon’s corruption, but not so much anymore, now that it’s being abused so widely by Trump and the Republicans.
Given that Trump is going to fill the top brass with ass-kissing sycophants who would invade a bird’s nest if he told them to (but would not know how), our best chance of defeating Trump relies heavily on this one true patriotic belief- that our armed forces swear allegiance to the Constitution- the law, and not to a person.
Put simply, our entire fucking military has the right to tell Trump ‘fuck you’ and stand down. ‘Fuck you, we’re not invading Canada’. ‘Fuck you, we’re not taking over fucking Greenland- are you nuts?’ ‘Fuck you, we’re not shooting protesters in the damn legs!’
Every one of them, from generals and admirals down to enlisted personnel, has the right and responsibility to refuse to follow illegal orders. And, Trump’s Secretary of Defense Mark Esper, in Trump’s first term, did just that, refusing outright to execute Trump’s order to shoot the DC protesters in the legs.
This time, Trump isn’t taking any such chances with any of his appointments. He wants a loyal idiot over an experienced candidate in every case. He’s not falling for that ‘sir, you can’t’ shit anymore- now he can do anything.
This is always, I mean, always the most dangerous part of a fascist takeover. Does the army just go along with the fascist regime or do the new dictators have to start their own army and eventually absorb the real one?
Hitler and Mussolini, and even Lenin had to form their own, private forces, and, when they achieved power, they gave their forces authority over the rest.
Trump’s ‘army’? The Proud Boys? The Oathkeepers? Little pockets of rednecks with pot-bellies, confederate flags and AR-15s? Those Nazi assholes that show up marching with masks over their faces? That’s an army?
Trump is way more malformed and stupid than even that. Note his and Project 2025’s plan to require all government employees to sign a loyalty pledge to Trump, and if not are fired. He’s got people snooping around the various security agencies, pestering all of the career workers about their votes and loyalty to Trump.
Trump literally thinks he can just supplant ‘Constitution’ in the oaths with his name. He thinks the whole of our armed forces will be mandatorily loyal to him. He will purge those who are not. He expects our soldiers to invade peaceful NATO allies on his word alone. He would gladly have our troops fight for Russia against Ukraine. He even expects our troops to comb the streets of cities that voted Democratic, rooting out and deporting any immigrant they can find without papers on them, and putting down ‘liberal’ protests.
This is literally the kind of shit they talk about Trump doing in Project 2025.
Our armed forces are not strictly, or even predominantly Republican, and many are unlikely to cotton to what Trump is telegraphing that he’s going to ask.
Now, you ask, because, of course you do, if stopping this kind of traitorous criminality is such a fundamental Constitutional trait, then why couldn’t Republicans rise to this occasion the two times they had a chance?
Good question! Thanks for asking!
Because they’re in on the caper. They want Project 2025, violations of international law and all. They want this loyalty to Trump, for some reason that defies all logic, intelligence, history, legality, foresight, hindsight, common sense and experience.
But, in the end, it all hinges on the military. Because, in true fascist form, they’re naming the scapegoats- liberals- and clearing the way socially for them to be ‘handled’, which at some point, will involve the military.
Because it always does.
But, remember, as we’ve always said - not here!
We beat the worst tyrants of the 20th Century by fighting against that shit. In the larger sense, the gestalt, if you want to be fancy (and we do), is that the more of us retain this traditional independence, especially in our politics, law enforcement and military, the sooner we will defeat this apparently centennial plague of fascist dementia.
When that call comes from Hegseth or whoever to the wing commander to launch against Greenland, that commander can, and must say ‘Are you fucking kidding me? Go to hell!’
c.2025 Cousin B