128 Comments

Once again Robert Hubbell finds the perfect balance between righteous outrage and a insightful analysis of the almost certainly beneficial political effects of Trump's unhinged and ultimately self-defeating behavior. That Joe Biden has taken the gloves off is a particularly welcome development. That Donald Trump has gone into full derangement mode, painful as it is to witness, is also a positive development with respect to the midterm elections. The old rallying cry "Confusion to mine enemies" seems particularly applicable.

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Roger, Your synopsis beautifully amplified the balanced, reassuring thread I imagine, justifiably, eased the minds of most, if not all, of Robert’s readers.

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Yes! I, too, commend Robert for his calming post. That being said, these judicial decisions by Federalist Society members or others are profoundly outrageous and disturbing. They seem to confirm the outlook that many of us had been expressing for the past two or three decades - “Elections have been about the courts.” How is it that we allowed Mitch McConnell and DJT to load the courts with such egregious appointments? Should or could the Democratic leaders in the Senate have done more and better to block these appointments? Might we have paid more attention to the court’s importance sooner, especially once McConnell made clear he would not allow consideration of an appointment to Scali’s replacement for over a year and then went on to publicly state that if Justice Ginsburg passed away he’d be sure to get a replacement appointed before the 2020 election?

We cannot overlook the impact of the courts going forward ever again. Trump was well taught by his father, Fred, and Roy Cohn in using all the legal tools to evade accountability. In my opinion, they are criminals of the worst kind.

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Agree with you and Roger about Robert's excellent post!! To your questions about "How", I'd simply say the Democrats have been asleep at the switch about judges for decades while the Federalist Society did its dirty work. Justice has been sandbagged and worse. The poorly written and justified decisions are just beginning to appear---sigh...

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I agree. Thus my anger sometimes is directed at those Dems who have been asleep at the wheel. Ah! But I tell myself that’s too straight forward and simplistic. Erg!!

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I really find my self wondering how could such smart men be so stupid. I think it was perhaps the liberal bias that we differ but we are honest players. Newt Gingrich put the lie to that---and taught the GOP to weaponize language (they say it short, sweet, easy to remember; labels---Democrats---e.g. Schumer-- only speak in complex sentences that are not memorable.---Perhaps Biden has finally broken through!!!---to the horror of the media chattering class.....And Biden has learned how to deal with stupid (I seem to be using that a lot; late at nite) media questioners!

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It’s hard for me to believe that judge Cannon actually graduated from the University of Michigan law school.

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Sadly, there are plenty of very intellectually smart lawyers with no morals. Judge Cannon has just cemented her membership in that disgusting group.

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It’s not about intelligence or education it’s about influence and power. The Federalists Society got her appointed to the judgeship and she owes them.

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Like button not working. "Like"

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When the heart button doesn’t turn red, refresh your page and it should then show it’s red. If not, just click on it again, and it should turn red. You may have to scroll to find it.

I have reported this to Substack. They say they cannot duplicate the problem. I am asking Substack readers...and authors now!...to report it to support@substack.zendesk.com. Maybe if enough of us do, they'll recognize they have a problem and will fix it.

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Done !

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terrible.

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I am convinced that top universities have been "invaded." While reading Dark Money I learned that wealth and right wing ideology (i.e. Koch Bros) have intentionally installed chairs and departments in traditionally intellectual liberal schools especially for this purpose. The universities were given large sums of money in return for the favor. The departments, such as law schools, are cranking out ideologues and memberships in The Federalist Society. Graduates are even "gifted" to start their careers. Those hallowed halls of ivy are not so impartial any longer.

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Thank you for your post, Hope. Now I know why an immoral Bush lapdog like John Yoo was given a job at Stanford's law school. I couldn't understand how a school like Stanford Law would smear their own reputation to hire such an arrogant author of a torture memo that bypassed so much of our Constitution. Maybe I shouldn't be surprised and disappointed that Stanford sold out for a fat deposit of Federalist Society money, but I am.

https://www.salon.com/2009/03/10/john_yoo/

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The Kochs especially will go down in history as main instigators of American fascism. They are not alone. It isn't exactly that they have replaced old departments. They "install" ideologues-right wing chairs- in traditional departments, so the universities can claim "balanced" opinions and impartiality. They attract students with promises of "salting" their professional future. Now, a few decades later, many institutions are fully "infected." The universities are not the only places, either. I'm far from a scholar, CC, but you might want read the book to get an idea of the spread of their tentacles. If I recall, they are also contributors to the resurgence of conservative religion.

"The Kochs are devout Catholics. Despite the fact that their surname is Jewish, the Koch brothers have donated more than $3 million to the Catholic University of America." (Internet post)

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Yes, the remaining Koch brother is associated with Opus Dei, a secretive ultra-right wing organization within the Catholic Church. William Barr also belongs to the group, and I believe two of Mr. Trump's Supreme Court Justices (who also belong to the Federalist Society). I'm not sure it has separate status as an organization within the church, but Barr is what is known as a "Dominionist." He believes that government should operate under the dominion of Christianity. Our one-time attorney general believed there should be no separation of church and state.

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Thank you, Dean. I did not realize Opus Dei was a (the) culprit here. I am familiar only with its attitude toward women, including a separate side door entrance to its offices in NYC> (You know how that fires me up!) Not long ago a lawsuit was brought in a South American country by women who were recruited as servants of Jesus to keep house for OD order. They entered at age fourteen and were never paid a cent for their labor, even after many years. Meanwhile OD has amassed millions or more.

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Add to this the purchase of media like Twitter and CNN and Politico and we have a huge propaganda problem.

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Speaking of a huge propaganda problem, far rightwing Republicans have gone past "infecting" law schools. They are using private and public funds to transform undergraduate colleges into their idea of an appropriate vehicle for injecting far right ideology.

"EXCLUSIVE: Now the far right is coming for college too — with taxpayer-funded "classical education"

Republicans are channeling tax dollars to right-wing institutes at colleges across the nation. What's the endgame?" (Salon - May 31, 2022)

It's not clear to me that the devastating Covid 19 virus has been the worst infection America has had to deal with in recent decades.

We know the Republicans have been planning their minority takeover for at least 40 years by setting goals to take control of this country despite being in the minority, and by dumping dark money all over the country to foster these goals, after getting the Supreme Court to pass the ridiculous "corporations are people" case of "Citizens United." Their efforts are now appearing in many arenas, like cockroaches all coming out into the light at once.

Calling out the minority onslaught to take over America and crush our democracy in favor of authoritarian rule is critical. But I suggest that it might be valuable to start a public relations campaign of sorts, putting the handful of super rich Republican fascists on blast to reveal them clearly to every level of American citizen.

Let's see how many independents and non-MAGA Republicans are comfortable knowing that our entire country of 330 million people is being toyed with by a relatively few "policy drivers" like a ball of yarn being batted around and unraveled by a fat cat.

How many Americans understand that a handful of rich or super rich, super arrogant, megalomaniacs like the Koch family, the Mercer family and Leonard Leo are working to take control of everyone else? Considering many Americans know almost nothing about huge problems in this nation, I'd say Koch, Mercer and Leo are still relative strangers to most of America.

Let's bring their photos and underground efforts into the light of day from People Magazine to the major newspapers and TV outlets. I'm sure their religious, financial and political beliefs, as well as their connections to our Congressional representatives would be of interest to many that they currently aspire to "rule." My off the cuff thought for a headline to this type of article: "Meet The Aspiring Slave Owners of the Twenty-first Century."

https://www.salon.com/2022/05/31/exclusive-now-the-far-right-is-coming-for-college-too--with-taxpayer-funded-classical-education/

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And the right-wing Sinclair company, which owns myriad TV stations around the country.

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A very sad state of affairs. They have used the similar approach to undermine the independence of NPR and public television. They have used $$$$ to undermine so many of our institutions.

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That’s a perfect example of why we need a Democratic majority and the elimination of the filibuster to pass campaign financing reforms.

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That too! Ironically, they used the argument of free speech to gain a foothold, then impeded free speech!

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Students know it as well. My son's friend commented on quality in an Ivy League school.

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Or any law school, for that matter.

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Regarding 'Judge' Cannon, I suspect she must have signed a judicial-nuptial before trump would appoint her to the Judgeship. Shouldn't she have recused herself? Once again, a woman trump supporter reveals she has no self esteem.

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In retrospect, Juge Cannon should have recused herself because she is unable to dispense equal justice under law where Trump is concerned. Many judges could have done so, even if appointed by Trump. The outcome was bad, but her rationale was stunning. It betrayed a special standard of justice for the man who appointed her--after he shopped around for a judge he appointed. Dishonorable.

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"judicial-nuptial"

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😂

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You mean like Kavanaugh and Barrett?

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The only person who gave a “speech” was President Biden. Trump just ranted in front of an audience.

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Good point! Two hours of Trump rambling. That must have been torture. And can you imagine Oz and Mastriano sitting there for two hours, only to be given five minutes to speak? The message to them was loud and clear: you are my lapdopgs.

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I’m not an attorney. I don’t know what the answers are. But surely there is court reform that needs to be undertaken. The idea that one can “judge shop” and select a judge who makes a decision criticized as nuts by virtually everyone seems hugely problematic.

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Judge Cannon should have referred the matter to Magistrate Reinhart for review. He works for her (and for all judges in S.D. Florida.) The fact that she appointed a special master was her way of bypassing Reinhart.

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In that case, as you note, not only does she not know Constitutional law, she does not know judicial protocol!

No oops I made a mistake here! Leo and his merry band of faux Federalists are calling the shots here! Deny, delay, sue

Another case in point why SCOTUS has to be realigned to expand the number on the court who are suppose to over see sections of the federal court systsem!

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In in earlier post, I was cautioned that her court area contained trumps cesspool in Florida. To the point, so many incompetent people from the Federalist list, the only qualification that mattered, were rammed through the senate for approval by McConnell. He not only refused to allow a hearing for Garland, he stock piled federal judgeships during the Obama Presidency!

Bottom line Federalist clones are readily available through out the country,! Tragic!

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My first thought when I heard about the Cannon decision was, "this is going to come back to bite TFG, and, by extension, the GOP, in a very big and satisfying way. So there were medical records and other stuff caught up in the MAL search? Ok, they'll be returned. But even worse that such incredibly sensitive National Security and Intelligence documents were haphazardly mixed up with his colonoscopy results!?! I can't wait to see him in an orange jumpsuit.

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laughing

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I shouldn't laugh but I just can't help it!!!! Levity is a great balancer - and this is funny almost entirely without the personal attack "snarkiness" that usually pricks my conscience. Thank you for that!!!

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Much gratitude for your coherent summary and analysis of the ridiculous and democracy endangering Special Master ruling, Biden's on point voice, and Trump's nonsense.

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My angst subsided considerably after reading your level and focused blast at the fed judge’s asinine decision to appoint a master to review the stolen documents.

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While I agree with and understand the fact that in the long run, Cannon's decision to grant the Special Master request will prove to be legally inconsequential (at least, in terms of the possible indictment of Trump and others), it sadly is being widely reported and touted as a "victory for Trump." As he does, he will use it crow about how this "proves" how "unfairly" he's been treated, blah, blah, blah, ad nauseum...As Robert points out, it factually is little more than a "speed bump," but it is a frustratingly annoying bending of the knee to the megalomania of Trump and MAGA-world.

I do not know what "remedy" there is to judges like Cannon, not to mention Gorsuch, Kavanaugh, Barrett, and other Federalist Society judges, (and the bastardization of the judicial appointment process by the likes of a McConnell) but I have to believe that a system of "check and balance" that preserve judicial impartiality must be implemented. That will be a painful process and will take years, but is a necessity to preserve and sustain our democracy for future generations of Americans.

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Mark, the amount of bad reporting that the decision has already generated is astounding. I listened to Andrew McCabe give his analysis of the decision on CNN. His comments were incomprehensible. I doubt that he read the decision, or if he did, that he understood it. The anchor was clueless. She should have said, "Could you say that again, this time in English?" instead, she praised him for saying that it was a "bad" decision for the DOJ. I doubt the anchor had read the decision. Unbelievable.

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Yet another evidence of what's happened to CNN (post the new president?) I saw David Gergen on CNN(I thought he was an ally) on a panel about President Biden's speeches, saying that one thing "his poll numbers have not dramatically improved" to reflect his accomplishments. Here's Another view from Quinnipiac "Biden's Approval Surges" https://poll.qu.edu/poll-release?releaseid=3854

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I am thoroughly sick of these damned poll numbers reports. They are unnecessary, insulting, unleavened with any breath of sanity, and every time a major outlet pulls them out, they drop again. These journalists, even the best, appear to be lacking any sense of right and wrong. It's the end of the day/ I'm always a little pissy by 5:00. Apologies

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"Like" and LOL!!!!

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Glad for your laugh. I consider an evening mood swing into obnoxiousness one of the privileges of old age.

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So does anyone know or wish to opine on what will happen if the Office of DNI finds an elevated risk to national security like……tomorrow, or in the days, weeks ahead before the election ?

“ Judge Cannon allowed a separate review of the documents, by the Office of the Director of National Intelligence, to continue. It is assessing the risk to national security that the insecure holding of sensitive documents at Mar-a-Lago may have caused”

https://www.nytimes.com/2022/09/05/us/trump-special-master-aileen-cannon.html

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As a reminder to Judge Cannon that should be unnecessary but is apparently required - the most extraordinary aspect about the Trump documents case is that this is about a twice impeached, former U.S. President now likely on the verge of being criminally indicted by the DOJ for obstruction of justice, theft of documents protected by the Presidential Records Act, a Georgia State Prosecutor for Election Fraud, a New York State Prosecutor for tax fraud, and perhaps also by the DOJ for Election Fraud ... And, you think his private country club and residence being searched for evidence of ongoing criminal activities and “fruits of crime” might “sully his reputation”? Really?

Unbelievable!!!

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Well said!! (You left out paying to silence former mistresses and then lying about it on his FEC forms, a crime for which was identified as an unindicted co-conspirator).

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I also did not mention that he could be indicted for violations of the Espionage Act, although I am not sure that AG Garland is ready to go there yet, and perhaps even tearing the tags off of mattresses at Mar-a-Lago the FBI may have discovered while turning them over in the search of Mar-a-Lago for documents he may have hidden under them.

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From Denialad: donbialostosky.substack.com

Concerned for Trump’s “reputational harm,”

Judge Conner must have read Animal Farm

And found a way to justify her druthers:

“Some animals are more equal than others.”

Eureka! Just the reason she was seeking,

Fearing the DOJ could soon be leaking

Things from the files that might batter a dent

In the good name of the last president.

Anyone under investigation

Suffers harm to their reputation

But it is short of a disaster,

And they don’t get to have a “special master”

To rummage through pretrial evidence

And leave some of it out on the pretense

Of privileges that are no longer theirs.

In ordinary criminal affairs

The accused have the chance to clear their names

After a jury’s heard competing claims

And reaches the decision to acquit.

For even Barr, a master was “Bullshit,”

Though he himself had taught a master class

In finding reasons to cover Trump’s ass.

A former president’s a special case,

But not to get some extra breathing space;

He once was sworn to execute the laws

That now have given law enforcement cause

To execute a warrant to retrieve

Documents they had reason to believe

He illegally took and hid away

And deceitfully refused to obey

Subpoenas to return. He signed a law

To raise the penalties for a scofflaw

Who’d treat the secret papers of the nation

In ways in which the investigation

Already has revealed he’s treating docs

That should have been secured under strong locks.

His reputation’s already in tatters;

Bringing him before the law is now what matters.

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Now we just need to get Lin Manuel Miranda to set this to the perfect rap accompaniment and spread it all over social media!!!

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Thanks! There’s material for a whole opera on my substack page!

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I love it!!! Is it all in verse? I've enjoyed doing song parodies over the years. E.g. when we first arrived in the convent as postulants in 1963, we were all so homesick, so they threw a party and we were responsible for entertainment. So I wrote my first parody (not even sure how I thought to do that) - to the tune of Officer Krupke from West Side Story

We postulants have come here

from cites far and wide

not knowing what would happen

once we got inside.

Our veils were all on crooked

our capes were all askew.

Golly moses that's how we came to you!

(More but you get the idea!)

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All in heroic couplet verse inspired by Pope’s Dunciad. I’ll warn you several are unfriendly to Catholics on the court. But if you’re following Hubble, that may be ok with you. Link’s at the heading of today’s post. Fun to versify, for sure!

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Done, subscribed and tweeted! At first I didn't recognize because the summary page shows them as paragraphs. Here's my favorite so far (I LOVE pot-kettling as a gerund!!!):

I needn’t re-cite the hard words he used

For you to see that he could be accused

Of being one to whom they all apply

Much better than they fit the other guy.

His juvenile resort to such pot-kettling

Is tiresome but also quite unsettling.

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Welcome! Enjoy!

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Unfriendly to Catholics on the court sounds just about right to me. I'm christian in that I see Jesus as a master teacher of how to love God and love your neighbor as yourself. And I love the music and some of the ritual. I left the official Catholic church primarily because, with all due respect to my Catholic loved ones, I see that patriarchy is inevitably unjust and open to corruption and I got tired of having to overlook so much in order to stay. I'm going to look for the link now!

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Trump bloviating is a gift on many levels. My only fear is that if his base is fired up enough to follow through and vote for his endorsees, a lackadaisical response from Dems and Independents could lose the match. Please be sure to vote. And please be sure you know if your red state legislators have changed the rules since 2020 in terms of how to register, where to vote, and whether mail-in voting is still OK if you need it. Don't miss November 8th or its run-up. ESPECIALLY IF YOU'VE MOVED. Use your own sources to find out the rules in your state. Democracy Works, I think, is one that helps: https://howto.vote/vote/en/ct.html

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Also:

To get a sample ballot and to learn more about candidates, go to https://ballotpedia.org/Main_Page for info about the November election and for future elections. It is a helpful resource, providing candidates' responses to their questionnaire (for those who complete it) and links to candidates' websites so you can see where they stand on issues that are important to you.

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"...remember that persuadable independents are as sick of Trump as you are." One of the keys to the midterms. The "unpersuadable" are lost souls, ethically, morally, and politically.

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So don't waste time on the unpersuadables. In addition to reaching out to persuadable independents, there are disgusted Republicans who have had it with the MAGAts. Approach them with the good news of moderate Democrats

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I have no problem with labeling individual public figures, but I'm still reluctant to label qualities and characteristics of whole groups as opposed to noting their behaviors. E.g. "Many Trump supporters I've seen interviewed speak as though the only "facts" they believe are from T***p's statements. So it probably makes sense not to waste energy on trying to persuade them otherwise." But some of these same people love their families and help out their neighbors. So are they lost souls ethically and morally? And how does it help our cause to label them as such?

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Perhaps. I don't doubt that they would argue as much. After all, they are the self-styled "family values" lot. But if you show up at the Capital with a baseball bat to assault the officers, a noose and gallows to hang Nancy Pelosi, and a rabid desire to steal my vote, you're no friend of me, the nation, or even your family for that matter.

I don't have a problem noting the behavior. Nor do I have a problem judging and condemning it where appropriate, and them as well based on the behavior. Peace and love won't cut it with this people, in these times. They are as serious as death. And I'll wager that judging by their behavior, when it came right down to it, I'd have more compassion for them than they for me or mine.

Thank you for the comment.

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I completely agree with your example. Everyone of those folks who rioted and attacked on 1/6 performed deplorable acts. We may have to just agree to disagree that we can extrapolate from those thousands that all people who still would vote for TFG are lost souls morally and ethically. Thank you for your reply.

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If it came to me deciding the fate of their mortal souls, I'd probably turf that one back to The Big Guy/Gal. Unless I had the Circles of Hell menu option : ) You might enjoy this cartoon by Jen Sorensen:

https://c10.patreonusercontent.com/4/patreon-media/p/post/71611211/4c3bde82903e44fe8043ee75a331d8fb/e30%3D/1.png?token-time=1663718400&token-hash=frmy21v72-66udz7YunQPfswAbJcbIfuOw9op8dAFO4%3D

...if the link works.

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Oh thank you for two great laughs this morning. Especially needed after I saw a youtube clip from Morning Joe about a leaked list of 38k Oath Keepers that included law enforcement, military and candidates for public office. I'm sorely tempted to join your wanting a Circle of Hell menu option.....and I don't really like to admit that.....but there it is!!!

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It's a Big Tent! (formerly known as "Reagan's GOP").

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Thanks. We forget too easily.

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Stay positive on Biden's many achievements as President. Repeat: Stay positive on Biden's many achievements as President. Stay positive on Biden's many achievements as President.

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Given the nonsense regarding trump, I've concluded that if he gets a pass for 60 days so should everyone else facing indictment. Right?

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The DOJ 60 day policy applies to all candidates, I believe. But not to non-candidates. I doubt that the DOJ will be ready to indict until 2023, at the earliest. For all the good press that Garland got for the search warrant, the fact of the matter is that Trump was allowed to sit on national defense secrets for a year. No one should accuse Garland of haste.

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Please check out Voters of Tomorrow https://votersoftomorrow.org/ and Civic Influencers https://civicinfluencers.org/ , two fabulous organizations focused on getting out the Gen Z and Millennial vote!! 18 to 29 year olds. When I heard two of their very articulate leaders talk last weekend what struck me was the Boomers are running this campaign season with the technology, techniques and media of past elections .. not using today's media like TikTok and addressing Gen X and Millennials who have lived their lives in a more diverse world than their parents and grandparents. It is analogous to the military fighting the current war with the weapons of the last war! Please talk to the young people and give them the reasons they need to vote based on their issues! They could make all the difference! We, the People, ALL of us this time now including the new generations of voters!

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I just looked up the dates for the various generations we're talking about.

Generation X is anyone born from 1965 to 1980.

Baby boomers are anyone born from 1946 to 1964.

Millennials are anyone born from 1981 to 1996.

Generation Z is anyone born from 1997 to 2012.

Generation Alpha in 2013 - .

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