In a Technical Sense She is Right....

But free speech doctrine is about to get bent badly out of shape.  10/16/23 CNN:

CNN — A federal judge on Monday issued a gag order on former President Donald Trump, limiting what he can say about special counsel Jack Smith’s federal prosecution into his alleged attempt to subvert in the 2020 presidential election.

The order restricts Trump’s ability to publicly target court personnel, potential witnesses, or the special counsel and his staff. The order did not impose restrictions on disparaging comments about Washington, DC, – where the jury will take place – or certain comments about the Justice Department at large, both of which the government requested.

There is certainly a case that speech that incites violence against prosecutors, witnesses, or judge is not protected speech.

But what qualifies as such?  Brandenburg v. Ohio (1969) severely limited the definition of incitement.  It is hard to fit anything Trump says on social media into the narrow definition imposed by Brandenburg.

The goal seems to be to intimidate Trump from doing what he does best: campaigning by appealing to the "forgotten man." That DOJ attempted to prohibit him from disparaging D.C. or the DOJ just shows how fascist this government has become.  D.C. disparages itself by existing.

The 14th Amendment and Donald Trump

 I was researching the case law associated with Amendment 14's section 3, which you all know by heart, right?

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.

It is an article of faith that Trump engaged in insurrection on January 6th.  The only case law in Congress' comprehensive analysis of the 14th Amendment section 3 is United States v. Powell, 27 F. Cas. 605, 65 N. C. 709 (1871), which answers the question of what is a rebellion?

We are of opinion, gentlemen, that the word ‘'engage” implies, and was intended to imply, a voluntary effort to assist the Insurrection or Rebellion, and to bring it to a successful termination.

 

Another Election-Denier

Yes, another fanatical Trump supporter!

Hillary joined forces with the Crush the Coup campaign formed by Indivisible to warn people that “right-wing extremists” already have a plan to steal the 2024 election:

HILLARY: “Hello, Indivisibles. I’m here to highlight something that is keeping me up at night. And I know this group really understands what I’m about to say. I know we’re all focused on the 2022 midterm elections, and they are incredibly important, but we also have to look ahead, because you know what, our opponent certainly are. Right-wing extremists already have a plan to literally steal the next presidential election and they’re not making a secret of it. The right-wing-controlled Supreme Court may be poised to rule on giving state legislatures — yes, you heard me that correctly — state legislatures the power to overturn presidential elections. Just think. If that happens, the 2024 presidential election could be decided not by the popular vote or even by the anachronistic Electoral College, but by state legislatures, many of them Republican-controlled.“

Yesterday's Cute Bumper Sticker

 Woman driving SUV: "Mean Tweets 2024"  I guess she is willing to take some drama instead of raging inflation, Russians in Ukraine, and a president who makes provocative statements that would be dangerous if Putin did not know Biden was senile.

Trump v. DeSantis

 The DNC Official news media are reporting a feud between Trump and DeSantis over the 2024 nomination.  While anything the DNC's mouthpieces says is likely to be made up to promote internal Republican feuding, a comment over there raised a serious question about Trump running in 2024.  He will be 78 when he takes office like Joe Biden.  Even if Trump is tack sharp at 78, unlike Biden, what about by the end of his term when he turns 82?  Some of Reagan's second term mistakes (Contragate) may have been early Alzheimer's, which finally took him.

Trump has very strong negatives with enough voters that he might only be able to defeat the Empress.  DeSantis is the obvious choice.

Gov. DeSantis' Campaign Slogan

 Trump Policies: With 50% Less Irritation

Torpedoes Coming Back Around

 11/14/21 CNN:

(CNN)Worn out by what they see as entrenched dysfunction and lack of focus, key West Wing aides have largely thrown up their hands at Vice President Kamala Harris and her staff -- deciding there simply isn't time to deal with them right now, especially at a moment when President Joe Biden faces quickly multiplying legislative and political concerns.

The exasperation runs both ways. Interviews with nearly three dozen former and current Harris aides, administration officials, Democratic operatives, donors and outside advisers -- who spoke extensively to CNN -- reveal a complex reality inside the White House. Many in the vice president's circle fume that she's not being adequately prepared or positioned, and instead is being sidelined. The vice president herself has told several confidants she feels constrained in what she's able to do politically. And those around her remain wary of even hinting at future political ambitions, with Biden's team highly attuned to signs of disloyalty, particularly from the vice president.

She's a heartbeat away from the presidency now. She could be just a year away from launching a presidential campaign of her own, given doubts throughout the political world that Biden will actually go through with a reelection bid in 2024, something he's pledged to do publicly and privately. Or she'll be a critical validator in three years for a President trying to get the country to reelect him to serve until he's 86....

Suspicion has sprouted out of the bitterness. Last month, White House aides leapt to the defense of Transportation Secretary Pete Buttigieg, who was being hammered with outrage by Fox News host Tucker Carlson and like-minded online pundits for taking paternity leave after the adoption of his twins in September. Harris loyalists tell CNN they see in that yet another example of an unfair standard at play, wondering why she didn't get similar cover any of the times she's been attacked by the right.

"It's hard to miss the specific energy that the White House brings to defend a White man, knowing that Kamala Harris has spent almost a year taking a lot of the hits that the West Wing didn't want to take themselves," said a former Harris aide, reflecting conversations last month among several former aides and current allies.

This is where the current Democratic obsession with race takes you.  Even your allies are suspect. 

Trump Gets Rent-Free Space in Progressive Heads Another Four Years

 I have read some serious criticisms not only of convicting an ex-President but also of the idea that they could prevent him from holding office in the future.  Especially as Biden and his job-killing plans go forward, Trump's actions (if not his overheated and often unnecessary bluster) will look better and better.

How Many Suits Did the 2020 Election Produce?

 Here is a summary of suits caused by the 2020 election.  Many were not decided on the merits of the claims of fraud, but standing and other procedural issues.  A number of the suits are still active.  What happens if he wins enough of those suits to have turned the election?  Nothing, except proof that the news media were newsing (lying) when they called his suits baseless.

As a number have pointed out the impeachment is going forward in hopes of disqualifying Trump from holding office in the future.  Why would you do that unless thought he could beat President Harris in 2024?

i Think I See the 2024 Republican Presidential Candidate

 Gov. Noem of South Dakota.

Pence 2024 or Cruz 2024?

I doubt the Democrats will allow either to be elected, but it would be nice to get the people who objected to Trump's policies but claimed it was his abrasive style to admit that they want America's poor to be poorer.