Extra Lazy Caturday Reads

Miné Okubo, American artist

Happy Caturday!!

Now that Trump has been indicted and arrested repeatedly, I’m feeling a bit calmer about possibilities for the the future of democracy in America. It will still be a long fight, but the opening battles have been won by the good guys.

Trump reportedly tried to avoid having a mug shot taken, and then used it to fundraise. But, let’s face it, the man is in deep legal trouble. He’s been exposed as a common criminal–the first former president ever to be indicted. I have to believe that most Americans are not going to want to vote for an accused and/or convicted felon for president in 2024.

On the mugshot, The Washington Post looked for reactions: Hero, showman, scoundrel: What Americans see in Trump’s mug shot.

Claudia Olivos, ‘Cats in Love’

The WaPo writers managed to find one Democrat to quote in their article, which mostly focused on Trump voters.

Trump is back on Twitter AKA X, but he hasn’t made much of a splash so far. At Politico, Jack Shafer argues that: Trump Can’t Go Home Again. Twitter is not the site that it used to be. And he’s not the same man.

After surrendering on Thursday at an Atlanta jail to be booked on state felony charges alleging his involvement in a criminal conspiracy to void the 2020 presidential election, Donald Trump sat for a mug shot in which he scowls like a psychopath out of a Stanley Kubrick film. Trump’s next grand act of surrender was to post the picture on his Twitter account — now called X by owner Elon Musk, pedants and copy desks but by nobody who uses it — marking his first appearance there since being reinstated in November, after being booted by the service 958 days ago following the Jan. 6 riots.

Trump’s post, which garnered a healthy 1.3 million likes and 305,000 retweets, essentially concedes that his plan to build his own social media empire under the Truth Social banner is a bust. Aside from Trump’s regular posts there, Truth Social is a wasteland of brimstone and salt whose finances and corporate structure make a Rube Goldberg machine look like a Swiss watch. Except for when journalists repeat his Truth Social outbursts or report on them, that Trump account goes unnoticed. By returning to the social media outlet that helped make him “great,” Trump’s post may presage an attempt to restart the media fire of his 2016 campaign and his presidency.

Man with black cat, by Gea Zwanink

But no man ever steps in the same river twice — it’s not the same river, and he’s not the same man, as the sage said. Twitter is not the same and neither is Trump, and the media watershed that allowed Trump to politically prosper doesn’t drain the way it once did. Thanks to inertia, changing technology, fickle tastes and Musk’s determination to wreck it, the site has lost its cachet. What does that mean for Trump? [….]

The environment that so nurtured Trump’s nuttism has degraded since he filled our silos with his opinions and policy statements. Many journalists still use Twitter, but the site has lost its cultural and political primacy. During his vacation from Twitter, TikTok became the world’s most popular domain, and his comments on Truth Social or at rallies no longer carried instant weight now that he was an ex-president. Even since announcing his candidacy and leading the polls, Trump has often failed to make himself Topic A in the political conversation (except for during his spurt of indictments). Even Fox News, which pampered him like a pet pig during his presidency, now gives him the cold shoulder.

Read the rest at Politico.

At The Daily Beast, attorney Shan Wu writes: Trump’s Arrest in Georgia Shows a Two-Tier Justice System.

LaShawn Thompson shared something in common with former President Donald J. Trump. Both were defendants charged in Fulton County, Georgia, and booked at the Fulton County Jail—known as “Rice Street.” But that is their only shared commonality with the criminal justice system.

On Thursday, with TV cameras overhead and behind his motorcade following every moment of his journey, Trump arrived with an armed U.S. Secret Service escort, and sped through the process of paperwork and having his fingerprinting and mug shots taken like a VIP being let into a night club. It took only 24 or so minutes for him to be booked and leave the jail. His height was logged at 6-foot-3, his weight at 215 pounds, and his hair color as “blond or strawberry.”

The newly minted Inmate No. Po1135809 was back on his private jet within a matter of moments, after claiming again he had done “nothing wrong.”

Dama Con Gato, 2009, by Pescador

But LaShawn Thompson never got to leave after his booking at Rice Street. He died there at the age of 35.

Thompson died at the Fulton County Jail after being held there for three months. According to his autopsy, contributing factors to his death included dehydration, malnutrition, untreated schizophrenia, and severe insect infestation on his body from lice and bed bugs.

His family’s attorney said he “was eaten alive by insects and bedbugs.” Thompson was charged with a misdemeanor.

By contrast, Trump is charged with racketeering crimes in a 41-count felony indictment and facing a total of four different criminal cases brought by prosecutors at the U.S. Department of Justice, Manhattan District Attorney’s Office, and now the Fulton County District Attorney’s Office. But the Fulton County case is the first time that Trump will experience the normal booking procedures of fingerprinting and likely be photographed for his “mug shot.” He also has release conditions that include bail.

Food for thought. Read the rest of this sickening story at The Daily beast.

As Trump faces legal jeopardy, the fight to use the 14th Amendment to disqualify him from public office is gaining steam.

ABC News: 14th Amendment, Section 3: A new legal battle against Trump takes shape.

Separate from the criminal cases, over the past few weeks a growing body of conservative scholars have raised the constitutional argument that Trump’s efforts to overturn the results of the 2020 election make him ineligible to hold federal office ever again.

That disqualification argument boils down to Section 3 of the U.S. Constitution’s 14th Amendment, which says that a public official is not eligible to assume public office if they “engaged in insurrection or rebellion against” the United States, or had “given aid or comfort to the enemies thereof,” unless they are granted amnesty by a two-thirds vote of Congress.

Advocacy groups have long argued that Trump’s behavior after the 2020 election fits those criteria. The argument gained new life earlier this month when two members of the conservative Federalist Society, William Baude and Michael Stokes Paulsen, endorsed it in the pages of the Pennsylvania Law Review.

“If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency,” the article reads.

Since then, two more legal scholars — retired conservative federal judge J. Michael Luttig and Harvard Law Professor Emeritus Laurence Tribe — made the same case in an article published in The Atlantic.

By Andrie Martens

“The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation,” they wrote. “The clause was designed to operate directly and immediately upon those who betray their oaths to the Constitution, whether by taking up arms to overturn our government or by waging war on our government by attempting to overturn a presidential election through a bloodless coup.”

The argument even got raised on the Republican presidential debate stage in Milwaukee this week.

“Over a year ago, I said that Donald Trump was morally disqualified from being president again as a result of what happened on January 6th. More people are understanding the importance of that, including conservative legal scholars,” Arkansas Gov. Asa Hutchinson said, eliciting a mix of cheers and boos from the audience. “I’m not going to support somebody who’s been convicted of a serious felony or who is disqualified under our Constitution.”

This is from Shan Wu at The Daily Beast: Trump Can and Should Be Disqualified From Running for President Under the 14th Amendment.

The “Disqualification Clause” found in Section 3 of the 14th Amendment fits Donald J. Trump like a glove.

Or as political podcaster Allison Gill asked on the social media platform formerly known as Twitter: “if section 3 of the 14th amendment wasn’t designed for him, who was it designed for?”

The historical answer to Gill’s query is, of course, that it was designed for Confederates trying to get back into the federal government after losing the Civil War. And that very same historical context draws a direct analogy to Trump’s efforts to get back into the presidency after losing the 2020 election.

Three black cats, by Tacha, Toronto

Here’s what the Disqualification Clause says:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

The plain language of this obviously encompasses Trump’s actions to illegally overturn the results of the 2020 presidential election. These actions include but are not limited to asking the Georgia Secretary of State to find additional votes for him, conspiring to put forth slates of unelected “fake” electors for the electoral college, and his call for “wild” protests on Jan. 6 that led to the attack on the Capitol.

But while these actions have resulted in Trump being charged criminally both by the U.S. Justice Department and the State of Georgia, his disqualification does not depend upon him being convicted in either of those cases.

Yu quotes from the piece by Tribe and Luttig mentioned in the previous article along with other experts:

Tribe and Luttig are hardly outliers in their view. A forthcoming law review article written by Federalist Society conservative law professors—William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas—not only agrees that the disqualification is self-enforcing but also makes the case that numerous others who supported Trump’s efforts also may be disqualified.

Baude and Paulsen note that this could include people like former National Security Advisor General Michael Flynn (who proposed a plan to seize voting machines), the “fake electors,” Jeffrey Clark of the Justice Department, and “at least one member of Congress” (that would be Rep. Scott Perry (R-PA)) who had supported Clark’s plans—and even lobbied for removal of senior DOJ officials who opposed Clark’s scheme.

Head over to The Daily Beast to read some counterarguments.

All in all, I think things are looking better for the efforts to keep Trump from getting back into power.

That’s it for me today. Have a nice weekend everyone!