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PaperclipPerfector  1yr ago (text post)   30260 thread views

Culture War Roundup for the week of December 18, 2023

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The Colorado Supreme Court holds:

A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. The court stays its ruling until January 4, 2024, subject to any further appellate proceedings.

[recent related discussion, slightly older]

The Colorado Presidential Primary is scheduled for March 5th, for both parties. As the decision notes, January 4, 2024 is "the day before the Secretary’s deadline to certify the content of the presidential primary ballot)"; while the matter is open to further stay should federal courts intervene, such an intervention would itself determine at least the state presidential primary.

How are the procedural protections? From the dissent:

As President Trump, argues and the Electors do not contest, section 1-1-113’s procedures do not provide common tools for complex fact-finding: preliminary evidentiary or pre-trial motions hearings, subpoena powers, basic discovery, depositions, and time for disclosure of witnesses and exhibits. This same concern was raised in Frazier; the then-Secretary argued that “it is impossible to fully litigate a complex constitutional issue within days or weeks, as is typical of a section 1-1-113 proceeding.”...

Despite clear requirements, the district court did not follow section 1-4-1204’s statutory timeline for section 1-1-113 claims. The proceeding below involved two delays that, respectively, violated (1) the requirement that the merits hearing be held within five days of the challenge being lodged, and (2) the requirement that the district court issue its order within forty-eight hours of the merits hearing.

And the other dissent:

Thus, based on its interpretation of Section Three, our court sanctions these makeshift proceedings employed by the district court below—which lacked basic discovery, the ability to subpoena documents and compel witnesses, workable timeframes to adequately investigate and develop defenses, and the opportunity for a fair trial—to adjudicate a federal constitutional claim (a complicated one at that) masquerading as a run-of-the-mill state Election Code claim...

and

Even with the unauthorized statutory alterations made by the district court, the aggressive deadlines and procedures used nevertheless stripped the proceedings of many basic protections that normally accompany a civil trial, never mind a criminal trial. There was no basic discovery, no ability to subpoena documents and compel witnesses, no workable timeframes to adequately investigate and develop defenses, and no final resolution of many legal issues affecting the court’s power to decide the Electors’ claim before the hearing on the merits.

There was no fair trial either: President Trump was not offered the opportunity to request a jury of his peers; experts opined about some of the facts surrounding the January 6 incident and theorized about the law, including as it relates to the interpretation and application of the Fourteenth Amendment generally and Section Three specifically; and the court received and considered a partial congressional report, the admissibility of which is not beyond reproach.

Did the Colorado Supreme Court provide a more serious and deep analysis of the First Amendment jurisprudence, at least?

The district court also credited the testimony of Professor Peter Simi, a professor of sociology at Chapman University, whom it had “qualified . . . as an expert in political extremism, including how extremists communicate, and how the events leading up to and including the January 6 attack relate to longstanding patterns of behavior and communication by political extremists.”

He testified, according to the court’s summary, that (1) “violent far-right extremists understood that [President] Trump’s calls to ‘fight,’ which most politicians would mean only symbolically, were, when spoken by [President] Trump, literal calls to violence by these groups, while [President] Trump’s statements negating that sentiment were insincere and existed to obfuscate and create plausible deniability,”

There are interpretations here other than that of the Russell Conjugation: that stochastic terrorism is limited to this tiny portion of space, or perhaps that shucks there just hasn't ever been some opportunity to worry about it ever before and they're tots going to consistently apply this across the political spectrum in the future. They are not particularly persuasive to me, from this expert.

Perhaps more damning, this is what the majority found a useful one to highlight : a sociology professor who has been playing this tune since 2017.

If you put a gun to my head, I'd bet that this is overturned, or stayed until moot. But that's not a metaphor I pick from dissimilarity.

This whole quagmire could be avoided if republicans simply let go of Trump and supported someone not so old and so indicted, but they love marching into a trap.

  • -23

I have a lot of doubt about Trump's ability to win in 2024, but I can't think of any better option for Republicans to run. Who do you think the Republicans have who would have a better chance of winning the general election than Trump does? Haley slightly outperforms him against Biden in swing states according to a recent poll, but for me that's an "I'll believe it when I see it" kind of thing because to me Haley seems pretty devoid of charisma* and every single President since maybe George H.W. Bush has had at least some level of charisma, whether it's the Clinton and Obama "cool young guy" thing, the George W. Bush "down-home guy you can imagine having a beer with" thing, the Trump "funny macho troll" thing, or the Biden "cantankerous old guy who's willing to talk a bit of shit" thing.

But maybe I'm overrating charisma, or underrating how much of it the non-Trump Republican candidates have.

*Which is not entirely her fault, I think. It's just that to the viewer's ape brain, her combativeness works less well because she is a woman than it would if she were a man.

Trump goes down in the polls if he's found guilty, which he very well may be. Nimrata Haley is complete trash (pro war and anti anonymity), DeSantis is the obvious right choice.

The problem with DeSantis is that his record of legislation, rhetoric, and stunts is 'evil' enough by progressive/Dem standards that once they were educated about him in the General election, he might drive up Democratic turnout at the polls almost as much as Trump does.

What the Republicans should do if they want to win is put up some boring bog-standard fiscal conservative. Run Mitt Romney again or something. Republicans won't be excited about him, but it's not like they're going to vote for a democrat.

Political pundits have been wondering for years how Democrats have such low approval for Biden and really don't want him to run, yet also turn out to vote for him and his party consistently and plan to support him 100%. The cause for this unusual state of affairs is the hatred and fear of Trump, serving as a rallying point to turn every election cycle into a crusade. No Dems are going to step out of line or tolerate their friends doing so while a second Trump term is on the table.

Take away that rallying point, and the whole thing could collapse. Dems could remember how much they are uninspired by Biden, and not show up to the polls. The long-expected fight for the soul of the party between the old-guard classical liberals and the young progressives, which has been suppressed by mutual hatred of Trump for most of a decade, could finally boil over into open conflict in the middle of an election, ensuring an easy win and Congressional landslide for Reps.

There's been lots of talk over the last 7 years about how Trump and MAGA represent a major realignment for the Republican party, and how the chaos of that realignment has fractured and weakened the party in ways that turned expected wins into losses. Democrats are also long-overdue for such a realignment, Republicans just need to get out of the way.

The spectre of Republican fascism is exactly what Democrats use to keep their internal realignment from happening. It's a useful idea for the people running the party, and will be employed against any Republican who runs. Go talk to regular Democrats, they might be worked up against Trump specifically, for the moment, but they also bemieve that most if not all Republicans are complicit, and just as dangerous. (Remember in 2012 that Joe Biden campaigned by saying Mitt Romney would put black people back in chains.)

At this point elections aren't about persuading mythical moderates, but turnout. A Romney Republican would lose for the same reason that Romney lost: he couldn't excite the base to vote. A lack of enthusiasm can be made up for by machine politics getting out the vote, but it's fairly obvious by now that Democrats are far more advanced than Republicans here.

The ground is already laid for DeSantis or Ramaswamy to be declared as fascist, existential threats. (Aside: in high school one of my history teachers proudly displayed posters saying "RESIST THE FASCIST BUSH REGIME," which she breezily claimed were of historical interest and thus not political.) The only Republicans who won't be so castigated are anti-Republicans like Liz Cheney or Adam Kinzinger. (And even then... -- remember how John McCain used to be quite friendly with John Stewart and the Daily Show, until he ran for president, and then became was suddenly an extremist with no charity afforded?)

One clear pattern of the last 5 election cycles is that Democrats have shown they are much more willing to turn out for any D on the ballot than Republicans for any R. The primaries were rigged against Bernie from the start, but he still dutifully tells his people to vote against the bigger evil. Trump wins his primary handily, and a swarm of Republican officials declare that they won't support him, or are only voting under duress.

Voter turnout surging on the left when Trump runs suggests that it does matter who the GOP runs, though. The average purple state moderate isn’t in perfect lockstep with the NYT or Washington Post approved opinion.

Of course for the left DeSantis and Haley will be fascists, just like Bush and Reagan and Romney before them. But that doesn’t mean blue turnout will be as high as it is when Trump is on the ballot. The gamble is, of course, because red turnout will be lower too.

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