Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

Mark Small's Blog (920)

Outrage in SEC: Roy Moore can't coach football, but maybe he can be a Senator

   There was outrage. Few understood how an individual, who had been included in conversations about allegations of child molesting, could be placed in such an office, the responsibilities of which are so great. Also, he would represent the State. Finally, there was the impact, perhaps requiring decades to repair, that could occur if the guy held that office for any appreciable amount of time.

   The state is not Alabama, but Tennessee.  The person is not Roy Moore, but Greg Schiano, a…

Continue

Added by Mark Small on November 27, 2017 at 7:18am — No Comments

Civil war should not be our worry, but Putin-style crises should be feared

   I must digress from discussion of why litigation that would seek Trump removal is substantively different from “birther” cases that sought removal of President Obama from office.

   A person yesterday on Twitter expressed concerns, based on comments made to her by a person who is armed and serious, that, if Trump is removed from office, there will be a civil war. (If I err as to the specifics of her tweet, someone please correct me, but I was unable to find the tweet this morning;…

Continue

Added by Mark Small on November 24, 2017 at 7:27am — No Comments

Most of the World realizes Russia stole our election

   Events of the past few days need make me pause, before we discuss “justiciability,” to re-state the premise upon which nullification of the 2016 election is based: Russia interfered with the election.  Are there people in this country who do not care if Russia, as members of its legislature brag, “picked” our President?

   Evidence continues to mount on what already was known.  Members of Trump’s campaign and family (“DT’s people”) met with Russian government officials and organized…

Continue

Added by Mark Small on November 23, 2017 at 10:00am — No Comments

Trump removal: Don't lose sight of the coniferous forest a few deciduous trees

   I wanted to address a few points before we move on to a discussion of “justiciability.” Some might lose sight of the coniferous forest because of a few deciduous trees. After all, most of the rest of the World realizes Russia stole the 2016 elections here. Still, I want to address these points.

   1) In regard to standing, each person  who voted for Secretary Clinton lost her or his right to vote because the margin of victory was obtained by illegal means. Each person who voted for…

Continue

Added by Mark Small on November 20, 2017 at 8:29am — No Comments

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…

Continue

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…

Continue

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”…

Continue

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…

Continue

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…

Continue

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,”…

Continue

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…

Continue

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…

Continue

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…

Continue

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…

Continue

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…

Continue

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…

Continue

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…

Continue

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

Putin's spoils of successful attack on U.S. should be taken back

   For a moment, imagine that on 11/8/16, a computer glitch randomly placed Vladimir Putin into the office of President of the United States. Putin hates democratic principles and has compared the United States to the Third Reich. Putin wants to destroy the United States.

   Most people would have cried “foul!” and the election results made void.

   Let us continue in this vein. Perhaps not enough people expressed outrage and Putin was sworn into office on 1/20/17. A lot of people…

Continue

Added by Mark Small on October 31, 2017 at 12:59pm — No Comments

Illegitimate Prez Trump's actions must be declared void

   Some say: respect Trump because Trump is President.  Usually, and ironically, these same people used a horrible racial expletive for eight years at mention of President Obama,  Blind obedience to authority is a quality against which this country was founded.  The Framers of The Constitution created checks and balances in our system of government because The Framers knew about, and were all too familiar with history about, human frailties.

   Yesterday’s indictments startled a lot of…

Continue

Added by Mark Small on October 31, 2017 at 9:30am — No Comments

Spl Counsel Mueller is not the answer

   This morning’s news is former Trump campaign manager Paul Manafort and his aide Rick Gates have been ordered to surrender to Federal authorities as a result of the grand jury impaneled to investigate Russia’s interference with our 2016 elections in what amounted to a cyber invasion of the United States.

   Why would Russia “invade” the United States?

   Well, we invaded Russia in 1918 (U.S.S.R. did not exist until; 1922). President of the United States and Nobel Peace Prize winner…

Continue

Added by Mark Small on October 30, 2017 at 9:14am — No Comments

Monthly Archives

2018

2017

2016

2015

2014

2013

2012

2011

2010

Videos

  • Add Videos
  • View All

© 2018   Created by Mark Small.   Powered by

Badges  |  Report an Issue  |  Terms of Service

Offline

Live Video

My Great Web page