Civil Discourse Now

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Mark Small's Blog – November 2017 Archive (13)

Voters have standing to challenge an illegal election where their votes were not counted

   Thursday we outlined review of assertions that litigation to challenge the legitimacy of Trump’s Presidency is the same as birther litigation as to President Obama.  On Friday we examined differences between the (one) reason upon which birther cases were based with the (multiple) reasons presented by advocates for Trump removal. 

   Yesterday’s blog showed the birthers’ lacked facts to their claim and the abundance of facts that support the Trump removal effort. Most of the rest of…

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Added by Mark Small on November 19, 2017 at 8:46pm — No Comments

Facts? "Birthers"---none. Trump removal---many.

   Thursday’s blog outlined how we shall examine assertions that litigation to challenge the legitimacy of Trump’s Presidency is the same as “birther” litigation challenges to President Obama’s occupancy of the Oval Office.

   Are there similarities between Trump removal litigation and “birther” cases? 

   Yesterday differences between the reasons—actually, one reason—upon which “birther” litigation was based and the reasons—plural—presented by advocates for Trump removal were…

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Added by Mark Small on November 18, 2017 at 7:30am — No Comments

Reasons for Trump removal are different than "birther" spurious claims

   Yesterday’s blog outlined how the next few blogs will examine assertions that litigation to challenge the legitimacy of Trump’s Presidency is the same as “birther” litigation challenges to the legitimacy of President Obama’s Presidency.

   Are there similarities between Trump removal litigation and “birther” cases? 

   As stated yesterday, a first step will be to compare: (a) reasons cited by “birthers” to (b) reasons presented by advocates for Trump removal

   The “birthers”…

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Added by Mark Small on November 17, 2017 at 8:02am — No Comments

Trump removal litigation revisits "birtherism"? Let's see

   The Constitution specifies two ways to remove a sitting President: impeachment (Art. II, sec. 4) and action of the VP and others when the President is unable to perform the duties of office (Amend. XXV, sec. 4).

   Litigation—i.e., action in the courts—to remove a President obviously is outside those two avenues, but is not precluded by the Constitution.  Several times in this blog (most recently yesterday, November 15) Donahue v. Board of Elections, 435 F.Supp.957 (E.D.N.Y. 1976) has…

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Added by Mark Small on November 16, 2017 at 7:33am — No Comments

I am one out of 1.2 million? Wait! Read this law review article.

   Yesterday a person tweeted about the argument I have advanced: “Here’s what you need to know about #NullifyNow: There are 1.2 million lawyers in the U.S. One, @marksmall1973, thinks courts can order a new election. The other 1,999,999 think he’s full of [excrement].  Getting a clue yet?”

   One infers I am one in 1.2 million. I am flattered by the sentiment. I feel special. Unfortunately for the author of that “tweet,” his message is flawed.

   People at #NullifyNow seek to…

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Added by Mark Small on November 15, 2017 at 8:33am — 1 Comment

"Arguments" against Federal courts' ability to void election

   “Criticism,” the “act of passing judgment on the merit of something,” takes various forms. “Constructive criticism” is not the only type from which one can learn. In debate at both high school and college levels, and, later, in standup comedy, even mindless taunts imparted lessons.

   When I was retained as counsel on a SCOTUS case to challenge the 2016 elections, I visited a website where lawyers were said to  rip into our case. The culture of the website was familiar. “Regulars,”…

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Added by Mark Small on November 14, 2017 at 9:07am — No Comments

Demo Party eschews impeachment & does NOT represent all non-Republicans

   REPEAT:  the Democratic Party DOES NOT speak for all non-Republicans.

   Over the weekend, Rep Nancy Pelosi and DNC Chair Tom Perez distanced themselves from talk of impeachment of the current occupant of the Oval Office, even though each day brings more indications DT & his campaign colluded with a foreign power—Russia & its dictator Vladimir Putin—to swing the popular votes necessary to give DT an illegal margin of Electoral College victory.

   This is the same…

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Added by Mark Small on November 13, 2017 at 7:32am — No Comments

Even MSM see DT committed treason to take Oval Office for Putin

   If, in 2013, reports surfaced that members of President Obama’s re-election campaign had met, in 2012, with Russian officials to get “dirt” on Mitt Romney OR President Obama cut Vladimir Putin “slack” for human rights abuses, many Republicans would have demanded President Obama resign or be impeached.

   Critically, the GOP would have declared President Obama—who obtained office by legal means—to have committed treason.

   In early July, I wrote that Trump committed treason to…

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Added by Mark Small on November 12, 2017 at 7:36am — No Comments

Monon Bell & CTE: Colleges should not play football

   Today I step aside from political commentary to another matter of great importance.

   Colleges and universities should not play football.

   My soul mother, a/k/a alma mater, DePauw University, plays football today against our rivals from Crawfordsville, Indiana, in the Monon Bell Classic, the oldest rivalry west of the Allegheny Mountains. (A colleague, last week on FB, wrote the rivalry is “moronic.” I corrected him: it is “Mononic” and stand by my correction.)

   The…

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Added by Mark Small on November 11, 2017 at 7:30am — No Comments

Sci Fi: People Must Think Trump Is Only a Movie

   Indiana went so “red” for Trump that Russia expended no direct effort, here, to “fix” the election. It is difficult to understand how people can deny what evidence clearly establishes: Russia put Trump in the Oval Office, through millions of bots, a weaponized internet, hacked election software, and collusion with Trump campaign officials,, almost like a sci fi flick.

   No one with the IQ of a fig and awareness of Putin’s proclivities for violence and murder would spend a ton of…

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Added by Mark Small on November 10, 2017 at 7:30am — No Comments

DNC conduct, if true, reprehensible; Trump's? Illegal

   A mistaken belief is the Democratic Party speaks for those whom the GOP does not speak.  “False equivalence” hardly does justice to this situation.

   In 1968, Hubert Humphrey was the Democratic Party nominee for President, but never won a primary.  The party’s rules were changed to give greater voice to the people.  After 1980, in which incumbent President Carter struggled for the party’s nomination against Senator Ted Kennedy, the party created super delegates because party leaders…

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Added by Mark Small on November 3, 2017 at 7:00am — No Comments

Putin loves U.S. in chaos

   Vladimir Putin wants to damage, even destroy, the United States.  If the occupant of the Oval Office creates chaos, Putin is happy.

   Short-term chaos is nice for Putin. As the rest of the World—the area outside the borders of the United States—looks on, Trump careens from one policy position to another.  Trump bungles this crisis and that.  Trump becomes mired in disputes about a professional sports league. 

   Long-term chaos probably is Putin’s preference.

   The Senate…

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Added by Mark Small on November 2, 2017 at 7:56am — No Comments

Putin machine used free speech & free press to lie & give Trump treasonous Electoral College win

   A “fact” is defined as “something that actually exists; reality; truth.” Random House Webster’s Unabridged Dictionary, 2d ed, 2001, p. 691.  There is no such thing as a “false fact.”

   On the other hand, information can be “fake”: “a spurious report or story.” Id., p. 694. As The Washington Post reported almost a year ago, “Russia’s increasingly sophisticated propaganda machinery—including thousands of botnets, teams of paid human ‘trolls,’ and networks of websites and social media…

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Added by Mark Small on November 1, 2017 at 7:04am — No Comments

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