U.S. Representative Blake Farenthold announced he will not seek re-election after accusations of sexual improprieties were raised against him. His announcement came too late to remove his name from the ballot for the primary election. His announcement came after the deadline, under Section 172.052(a) of the Texas Election Code, for removal of a candidate’s name from the primary ballot.
The Republican Party of Texas, its chair (in his official capacity), and a registered voter from the…
Added by Mark Small on December 16, 2017 at 8:56am — No Comments
Al Franken was forced to resign from the Senate by leaders of his own party without due process against allegations either baseless or brought anonymously.
Due process is a premise of our society, both in law and in daily life. One is not convicted and sentenced without a trial in which one has a right to face one’s accusers. In daily life we refrain from decisions until we know “all the facts,” less formal than law, but the same concept. Due process = basic fairness.
Added by Mark Small on December 7, 2017 at 10:26pm — No Comments
This weekend as friends and I conversed about the 2016 election, a person at the next table must have heard a buzz phrase. “Don’t like Trump? Move to Costa Rica or Vermont.” I started to reply, but he muttered something about “fake news,” turned away, and refused to listen.
Trump has set the tone for the 38 percent who ignore reality. Trump now believes the Access Hollywood video, released a year ago, in which he boasts about grabbing women by the genitals, is not authentic. Billy Bush,…
Added by Mark Small on December 5, 2017 at 7:58am — No Comments
DT overtly campaigned on a promise to Make America Great Again. This promise implies: 1) DT knows what “great” means; 2) America was great at one or more times in our past; 3) DT understands how to make others make (the phrase is an imperative statement) America great; and 4) America can be “great” again.
1) Has America ever been “great”? By “America,” one may reasonably infer DT means the United States of America. Some might argue this definition is arrogant and narrow because it…
Added by Mark Small on November 29, 2017 at 7:45am — No Comments
More people question the legitimacy of a Trump presidency obtained via an Electoral College margin of victory obtained by illegal means. Others have posted opinions, to be addressed today, that disparage this position.
The gist of one comment on Facebook was Trump is “our” president and we have to be behind him. However: 1) Blind following of those in office goes against the grain of principles The Framers sought to infuse in the Constitution: The Framers looked at the base…
Added by Mark Small on November 28, 2017 at 8:00am — No Comments
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…
Added by Mark Small on November 27, 2017 at 7:18am — No Comments
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;…
Added by Mark Small on November 24, 2017 at 7:27am — No Comments
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…
Added by Mark Small on November 23, 2017 at 10:00am — No Comments
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…
Added by Mark Small on November 20, 2017 at 8:29am — No Comments
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…
Added by Mark Small on November 19, 2017 at 8:46pm — No Comments
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…
Added by Mark Small on November 18, 2017 at 7:30am — No Comments
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
Added by Mark Small on November 17, 2017 at 8:02am — No Comments
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…
Added by Mark Small on November 16, 2017 at 7:33am — No Comments
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…
“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,”…
Added by Mark Small on November 14, 2017 at 9:07am — No Comments
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…
Added by Mark Small on November 13, 2017 at 7:32am — No Comments
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…
Added by Mark Small on November 12, 2017 at 7:36am — No Comments
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.)
Added by Mark Small on November 11, 2017 at 7:30am — No Comments
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…
Added by Mark Small on November 10, 2017 at 7:30am — No Comments
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…
Added by Mark Small on November 3, 2017 at 7:00am — No Comments