Monday, November 13, 2023

Judge Luttig is worried

Born in Tyler, Texas, he was assistant counsel to the president under the Republican Ronald Reagan, and clerked for then judge Antonin Scalia and the supreme court justice Warren Burger. He served on the US court of appeals for the fourth circuit from 1991 to 2006 and was committed to an “originalist” interpretation of the constitution.

He endorsed the George W Bush White House’s post-September 11 policy of declaring terrorism suspects “enemy combatants” so that they could be held by the military without charges. He was an advocate of the death penalty.

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“I am more worried for America today than I was on January 6,” he warns in a phone interview with the Guardian. “[Trump's] election would be catastrophic for America’s democracy.”

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“On that day, America finally came face to face with the raging war that it had been waging against itself for years. So blood-chilling was that day for our democracy, that America could not believe her eyes [...] .”

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“All that [Trump] has done beginning with January 6 has corrupted American democracy and corrupted American elections and laid waste to Americans’ faith and confidence in their democracy to the extent that today millions and millions and millions of Americans no longer have faith and confidence in their elections."

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Luttig draws a fine but important legal distinction between a rebellion against the constitution, as described by the 14th amendment section 3, and rebellion against the United States. He claims that groups that filed lawsuits in Colorado and elsewhere to bar Trump from the ballot are confused on this issue.

“They do not yet understand what disqualifies the former president, namely an insurrection or rebellion against the constitution. They have argued the cases as if he is disqualified because he engaged in insurrection or rebellion against the United States.

“That’s why they have, unfortunately, focused their efforts on establishing or not that the former president was responsible for the riot on the Capitol. The riot on the Capitol is incidental to the question of whether he engaged in a rebellion against the constitution.”

  Guardian
See Project 2025, and this Axios article:

The people leading these efforts aren't figures like Rudy Giuliani. They're smart, experienced people, many with very unconventional and elastic views of presidential power and traditional rule of law.

The government-in-waiting is being orchestrated by the Heritage Foundation's well-funded Project 2025, which already has published a 920-page policy book from 400+ contributors. Think of it as a transition team set in motion years in advance.

[...]

The Trump campaign tells us no outside group speaks for him: "The campaign's Agenda47 is the only official comprehensive and detailed look at what President Trump will do when he returns to the White House. ... While the campaign is appreciative of any effort to provide suggestions about a second term, the campaign is not collaborating with them."

  Axios
And they won't melt away even if Trump is defeated in 2024. Vote Republican at your own peril if you mistakenly think you'll be in the elite group.

...but hey, do what you want...you will anyway.

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