164 Comments

I'd like to see President Biden do more than issue a statement about the border situation. I'd like him to do a major speech on it. There's a lot he can say that we haven't heard much about. For instance, I just learned, from Heather Cox Richardson's post today, that while the Quadefendant promised that he was going to build a wall that Mexico was going to pay for, and for which we received not one peso, President Biden has gotten Mexico to invest $1.5 Billion to increase border security from their side.

p.s. After reading Robert's comments in this thread, I didn't mean to suggest that a published statement is unhelpful. I just feel that for something of this import, at this time, in this arena, there's an opportunity and dare I say a need to hear our president say this, forcefully and on camera, to the American people. Those of us here in this great community don't need to hear it, but half of America does.

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Bob, I just don't understand responses to good things that Biden does that go, "Yeah, but he should do X instead." Can't we just take a win? He can't do everything and say everything at once. Saying that he should do something different or more or better suggests that the crisis is his fault. Sign me, Frustrated.

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Sorry, Frustrated. I certainly didn't mean to suggest that he's not doing enough. It's just that he's continually getting pounded from the right on the border, and even though he's doing an amazing job and staying humble, politics is a blood sport, and the Republicans have shark-like sensors. I just think that this particular issue is one where he has the moral high ground, the track record, and a public that desperately needs to hear from the president, "I've got this!" If his statement is picked up and amplified by MSM, I'll be as thrilled as I am surprised.

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I actually do blame the press for this. They are so frighteningly caught up in the horse race that they almost never report any substance. I barely watch MSNBC anymore. It’s very sad.

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Bob, have you noticed that a president no longer gets carried by all stations and networks at one time anymore? A "Stop the Presses" speech simply isn't possible at this time. Biden's doing plenty of good speaking and writing. It's that he, like others, doesn't get carried by all outlets except when he's tripping or forgetting the right word. And, truth be told, it's great that not everyone ended up carrying all of Trump's speeches, isn't it? Again, Trump set another new precedent in that regard, too.

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Deborah, I'm not sure how we got here, but I agree with you. My original point was that I'd like to see President Biden call a press conference on this one issue, and put it to bed with indisputable facts (I didn't say all that, but I was thinkin' it). It would be a one time shot, and I think that since it would be unexpected, it would get a lot of attention.

As I've thought about this today, I've developed a view that perhaps President Biden should give a speech or press conference that hits several of the most egregious and disingenuous GOP attack lines head on. The SOTU is not the place for such a message, other than to reinforce the positives.

The White House press release that started this conversation is excellent, but I don't think it will be seen by many of the folks who need to see it, and it doesn't have the force of an audiovisual.

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I think part of the issue is that Biden is busy everyday governing. He doesn't get caught in the weeds playing tit for tat with the GOP. I fully expect him to play the long game, be patient and use his pulpit at the State of the Union speech to make a case as well. He has outplayed the GOP multiple times because they simply keep tying themselves to Trump and believe that any type of government where they work with Democrats means they are losing.

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Like: I think part of the issue is that Biden is busy everyday governing.

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So true! He works hard every day at restoring the vital functionality of government, while his predecessor worked hard every day to dismantle it (when he wasn't playing golf, that is).

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Exactly. And if one is doing a good job, being president, with all the stuff that is coming at you is like trying to drink from a firehose.

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In reality Biden is letting Trump defeat himself.

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That's the best strategy.

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Very Lao Tzu (Art of War)...

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Point taken, but that wasn't Lao Tzu. (My father's PhD was on a 6th century translation of the Tao te Ching.) See: Sun Tzu, The Art of War.

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Thanks - darn that Google!

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Thanks, PhillyT. Yes, but time is running out on the long game. President Biden only had 2 years with the trifecta to get things done, then we lost the House. We don't yet know if there will be a second Biden term, or what the Congress might look like.

The border is one of his biggest vulnerabilities, and clearly it should not be so. Doing a major speech, right now, devoted to the reality of the border situation, would be a good strategic move, and good for the country. In the SOTU, he could and should reinforce such a message.

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Don't forget that the "trifecta" had the filibuster to deal with. And it still got a lot done.

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As PhillyT noted above, he will likely use the State of the Union to address that.

I have been critical of his messaging so far, but it looks as though the gloves are coming off, and perhaps the MSM media are catching on. At least, that's what I hope will happen!

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Hi Kathy,

I expect that he will bring it up in the SOTU, but I wouldn't expect him to give it the punch that it needs. He won't do an "American Carnage" SOTU.

I agree that the gloves appear to be coming off, and I hope it's a sign of a well thought out strategy, but President Biden seems like too much of a consensus builder and a decent person to keep it up for long. I'm not holding my breath for the MSM, and as I said in this thread, if the MSM picks it up and amplifies it, "I'll be as thrilled as I am surprised."

I guess I'd just like to see President Biden pick off a couple of these GOP "disingenuity" cause celebres and then he can move on. Having them fester while the MAGAts feed on them is not something I like to see.

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Couldn't agree more.

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I read HCRs post today too. There is a lot to be said about immigration, which is we should focus on the fact that we have a legal immigration program that is underfunded. That it can fill both high and low skill jobs for which we have a shortage of people who are able and willing in the USA. A listing of job vacancies that we have a shortage of American workers for from doctors to field workers might be helpful too.

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Good points but the speech has to lay out a solution not just identifying the problem. Part of the speech has to be what the real problems are not the Republican’s version

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Yes, herein lies my trepidation about a speech on the subject. There would have to be concrete answers and a contrasting vision to the Republican vision, which, as we know, is purposefully vague. There would be a lot of landmines to avoid. I'm not saying it can't or shouldn't be done, only that it has to be a well-thought-out, careful approach.

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Absolutely! But I think the need and the opportunity warrant it. It's far too important to our country to let the other side continue to control the narrative.

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My feeling is that even if he spelled out the facts and complexities it would be helpful. WHY is it such a difficult issue, what are the factors in making choices and decisions, what are the laws, what IS going on down there. I keep hearing that the border is "wide open" and the Dems want it to be "wide open." At least work on dispelling that.

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Thanks, Daniel. This sounds like a speech, and it should be delivered as one. I think it would be very powerful.

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One major problem with immigration is it is Big Biz' way of depressing wages. In 1980, meat packers were Black, and earning good middle class wages. by that decade's end, they were immigrants, often brought in by the businesses, toiling for barely more than minimum wage under atrocious conditions, where amputations were common. This pattern was repeated throughout the low/no skilled jobs, and even into the tech industry.

Sulzberger Jr. had a policy against saying anything that suggested that there were problems with mass immigration, but finally, an article in the NYT addressed this issue, after computer mags had been addressing it for nearly a couple of decades.

https://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html

Aside from immigration, though, I think Biden is doing a terrific job--best pres of my lifetime, which began the first summer of the Eisenhower Administration. He is quite capable of learning from his mistakes and it looks like he may be doing so on immigration. But regardless of whether I'm right or wrong about that, I will be voting for him enthusiastically and urging others to do so.

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Agree, Bob, and I would add Biden’s surrogates can be making speeches, visits to the border, speaking to newspapers with these same points. Excellent statement and needs distributed intentionally and loudly.

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Thanks, Cathy. I started a piece on the border last week that I was going to send to the NYT. I'm going to try to include some of this in it.

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Great:-) I believe I mentioned in an earlier post that I think Gavin Newsom is an incredibly talented communicator. (He has many non-fans, I realize.) I also saw a clip of Janet Yellen speaking and was so impressed--not flowery or over the top powerful--but clear, succinct messaging structured around a moral principle. (And so damn smart.) We really do have two, increasingly clear, opposite directions between which Americans will choose. Communicating that is essential.

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Alex Wagner's interview with Gov Newsom has been on the last two nights. Yowza! 🤗

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Gov. Newsom is an excellent surrogate for Biden. I hope he remains involved as we get closer to November!

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I'd like to see more of Chris Coons too. He is very sharp.

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And in crazy states like my Texas, I'd also like to see some state "heroes" highlighted more. James Talarico here in Texas is amazing. https://x.com/amandalitman/status/1750956736855286058?s=20

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Very impressive! I wish I had some of that poise and ability to express opposition without being aggressive.

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Wow!

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Yes! Very impressed with him. Common sense, no drama, smart.

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Agreed.

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I totally agree. If the border is such a big deal for so may, he needs to dispel myths, refute false claims, and lay out the truths and the facts. I am confused about what's going on down there and what the history has been and what the laws are.

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Kim and Bob, Biden IS doing exactly that! We can't buy into the narrative that says Biden is doing nothing. Did you see the statement I posted in this newsletter?

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As I said above, our press must hold much of the responsibility for lack of coverage. They are simply addicted to the polls and data predictions. They can’t cover anything but that or Trump. They are in the biz of star-making and they made one in 2016.

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Exactly, Kim! The other side is obviously trying to distort things, and planning to continue to do so with the express purpose of keeping President Biden from getting a "win," or giving up its most polarizing issue before the election. And they're doing it at the expense of both solving the problem and helping to keep Ukraine and Israel from being destroyed. The stakes are enormous, so the response should be also, especially when the truth is so verifiable.

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Again, Bob, don't buy into the narrative that Biden is doing nothing (as suggested by Kim). He is. His efforts aren't getting the same press as pictures of razor wire at the border. That's not Biden's fault, so let's not suggest that if only Biden tried harder the situation would improve.

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Fair enough, Robert. I confess that I didn't read the statement before I commented above, and it's a great statement. But I'm not sure of its reach. I consider myself to be fairly engaged, and I rarely go to the White House site. To me, that's too passive a means of getting such an important message out. This issue is at least as politically explosive as reproductive freedom and President Biden's success here needs maximum exposure. Am I the only one who didn't know that he got Mexico to invest $1.5B? It's not even mentioned in the statement. It actually happened in 2022: https://apnews.com/article/120f8a3fc440e3b2cccce6100e65b912

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I did not know about Mexico's 1.5 billion commitment to border security until I read Heather this morning and said to my partner, why isn't this big news?

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Exactly! And that was agreed upon back in June, 2022. It's been under the radar for 18 months.

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I suggested no such thing! I am a strong Biden supporter. I have a Biden bumper sticker on my car. I want him to win again because I think he's doing a great job. Saying I think or wish he should do something in no way suggests, or says, that I think he's doing nothing. But if people out there think he's doing nothing, that's a problem looking for a possible solution.

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I’m reading in a room by myself and suddenly laughing out loud at Biden’s Be Best smackdown.

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Me, too; loved it, Susan!

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Biden needs to do what Eisenhower, JFK and LBJ did when dealing with these inbred Southern traitors and Failed Confederates. When the white trash peckerwoods and goatropers in the state houses down in the former treason country tried to set up new Confederate armies with their National Guard units, the three presidents federalized the guard and thereby disarmed the traitors.

Federalize the Texas NG and any others that show up down there. Then the Commander in Chief orders them back to their original bases and orders them to "stand by there for further orders." Any dumbassed Inadequates in their ranks who want to disobey a direct order from the C-in-C gets his miserable ass arrested, charged with disobedience of a direct order and court-martialed. Give each of them ten years in Fort Leavenworth, reduction to Private E-1, loss of all pay and privileges and enlistment seniority.

Trust me, the rest of the inbred redneck morons will get the message and slink off back under their rocks where they belong.

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Procedurally, wouldn't it be simpler to just give them all dishonorable discharges? For military people--and employers--that designation has a sting that follows you (and your credit rating) for the rest of your life.

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Yes, DD's - and 10 years in Leavenworth - pour les outres.

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Don't hold back, please!

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My new bumper sticker “I Scroll for TC”

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Excellent idea, TC!

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We can’t make Abbott look like a hero or s other George Wallace

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Absolutely right!

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I think the composition of the jury is worth considering. White working class men have had men like trump as their bosses all their lives. They’ve seen the women in their lives disrespected by men like this.They are in a uniquely good position to judge him fairly. And they have had to risk their lives to serve on this jury anonymously.

It is so important that people like these be on the juries and make the judgments. Heroes.

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Terrific point, Lauren.

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I was heartened to hear of the jury's $83.3M award for E. Jean Carroll. I hope the judge makes the Quadefendant put the funds in escrow pending his inevitable appeal, and that the appeal is tossed quickly so that Ms. Carroll can see some benefit in her remaining years.

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He has to do that to appeal, period.

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Huh. Now that the judge determined the value of Maralago, perhaps Carroll would take it off his hands with another $40-$50M for her pocket!!!! She could retire in ‘splendor’ … (um… is there a gag emoji on su stack?)

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And unfortunately a Florida judgment creditor cannot force a sale of the debtor’s home. That’s why O. J. lives there.

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Not yet.

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Since he is required to put up collateral to the courts, I would like to see them claim that Mar-a-lago should be put up for collateral. I suppose he gets to decide what he will put up, but I would be suggesting that. https://ny1.com/nyc/all-boroughs/news/2023/10/09/is-mar-a-lago-worth--1-billion--trump-s-winter-home-valuations-are-at-the-core-of-his-fraud-trial

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Many cases settle post judgment. Carroll may want her money ASAP.

I don't know about NY, but on appeal most courts will try to force mediation of the judgment. Interest in NY is 9%/year, so on the supersedeas, Trump will owe $20,500 in interest/day. From a risk management analysis, on appeal, the punies will probably be reduced.

For Trump, the big case is yet to come. NYS is asking $370 MM.

As a creditor, in that event, Carroll can threaten a forced bankruptcy.

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Whatever will cause him the most discomfort possible is what to do. Donald has NEVER shut up in his entire life. He has made pronouncements on every possible subject since back in the 70's and 80's. People did not care what he thought. He just wants attention. He even faked being his spokesperson to get coverage in the NY tabloids. I think Gitmo is a good place for him.

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Hi, Daniel. I am interested in your view on punitive damages being reduced. I thought that the range of punitive damages was within the constitutional guidelines. Can you explain your thinking?

I have in mind the "rule of thumb" of "single digit" multipliers from State Farm and the guidance that the more "reprehensible" the conduct, the greater the permissible award. Here, the award is roughly six times actual damages, which seems appropriate given that the conduct was intentional and continued after a prior award of punitive damages.

Also, what do you think about the possibility of Kaplan reducing the award on a post-verdict motion?

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Thank you for the explanation. Right now I have read that Trump has to put up collateral for both judgments against him to the courts while his appeal is being adjudicated.

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A small hit in Trump's highly leveraged finances should bring him down.

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Probably can’t file an involuntary BK against him since he has bonded the two judgments. And trying to do that could backfire in an attorney fees award against the creditor filers. Though I love the ring of “Trump Bankrupt” actually being him, not a corporation.

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Note that I said THREATEN.

He's going to have at least 2 more including a potential $250MM judgment. He passes himself off as a Chapter 11. NYS will also be a creditor.

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Putting the money in escrow and losing the appeal sis the reason he may not appeal. He can’t afford another loss

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Wouldn't it be both nice and helpful to know what his finances actually are?

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Robert said "Biden posted a statement on Twitter."

Not X (formerly known as Twitter.) Just Twitter!

From my limited vantage point I may have missed the moment that the name X jumped the shark.

I am referring to Elon Musk's vanity renaming of his vanity takeover of the social-media platform Twitter.

Twitter was a rather clever name for what it is. It has verbs, to tweet and to re-tweet. And there is the Twitterverse. X has no good cognates for any of these words.

Elon Musk is not the boss of Robert, nor of anybody else. Everybody can just go back to saying Twitter.

Bless you Robert. Keep it up.

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Yep! I am not going to bow to Elon Musk's command that we all change a well accepted term. Every time we say "X, formerly known as Twitter," we might as well add, "as commanded by my lord and master, Elon Musk."

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Can we call it Xitter? Pronounced like Xi?

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That's what I call it! 😈

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I liked that too. A spade is really just a spade, eh? ;)

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Twas a great day in spite of Abbott. His call to use the NAT’L GUARD to defy the DOJ and SCOTUS is ludicrous! Now there are 24 other idiot R governors who are siding with him. I do wonder what tactics Biden and the DOJ will utilize. No matter what, I hope their decision comes very soon.

Robert, we really have to put pressure on SCOTUS to allow the public access to these court proceedings. We are entitled to be armchair judges and juries. Let’s amplify this, please!

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Jess Craven(Chop Wood/Carry Water) has a Resistbot Petition. My Freedom Caucus Rep actually responded so they are listening .Only takes minutes to amplify !📣

“Pass a bill to make Trump’s trial viewable by ALL Americans!”

https://resist.bot/petitions/PIYDKC

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Not easy for technically-challenged me, but I did it.

I decided to pick up my phone and text PIYDKC to 50409. It was easy from then on.

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Nice! That WAS easy! I've never tried Jess' resistbot things before. Thanks for letting us know just how easy it is.

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Thanks, Kathy! I missed this on Jess's post. I just texted "Sign PIYDKC" to 50409 and I'm the 1,260th to do so. It's that easy!

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1262 now.

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1271!

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wow, that Resistbot thing is really cool!

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It really is! Jess Craven has a bunch of great messages for it.

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Done! TY!

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On the resistbot am I supposed to have to give my phone number, email, and address?

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I'm trying to do this, but am confused. Do I start with a text message to 50409? And then?

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You just type Sign PIYDKC. You can add; to 50409.

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I love that E. Jean Carroll and Nikki Haley are taking up the fight, and that the Biden/Harris campaign is figuring it out, too.

My concern is that it is quite clear that Trump, his lawyer, Greg Abbott, and 25 red state governors are using their respective issues to move the U.S. towards a bloodless "civil war". The E. Jean Carroll trial is the epitome of how the legal system operates as a check on corruption in government. Hence, the trial judge including a lecture on the U.S. constitution as he instructed the jury.

Trump's behavior has been a signal to those who support an autocratic government, that yes, the legal system is not relevant to him as a system that operates in the interests of U.S. citizens. It should only be used by him for his personal interests. Trump's message: continue to support the dismantling of our constitutional system by nullifying the jury in this case, and by thumbing his nose at the Court.

Greg Abbott is doing the same thing. His message is that the borders are not U.S. borders, but they are state borders. Again, they are systematically creating situations designed to dismantle democratic institutions.

Their strategy is for the U.S. Supreme Ct. to render constitutional provisions unenforceable. That did occur when the S. Ct rendered the emoluments clause unenforceable. And now the court will most likely do so in allowing an insurrectionist to run for president. Arguably, opinions that render federal administrative agencies unable to protect the environment through regulations serve to dismantle federal oversight of business and industry.

Most concerning is Project 25, which is a plan to dissemble the entire federal bureaucracy and install all Trump people. It is a massive plan, starting with Trump declaring martial law on day 1 to be able to make decisions, starting with firing all civil service employees. Remember his "joke" that he will be an authoritarian only on Day 1?

I am not seeing any discussion of how we can challenge Project 25 now. I do not even know if it is possible, but we should not be waiting for it to happen.

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“Most concerning is Project 25, which is a plan to dis[as]semble the entire federal bureaucracy and install all Trump people. It is a massive plan, starting with Trump declaring martial law on day 1 to be able to make decisions, starting with firing all civil service employees. “ –

Just imagine how preventing issuance of Social Security checks will go over. And cancelling of Medicare payments for medical treatments. And payment of military retirement benefits. And … .

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I don't think the SS checks are at risk. The people at risk are the career employees of various departments and administrative agencies, the "deep state". Those formulating Project 25 are reportedly also soliciting resumes for those positions, now. Whichever Republican is president will be pressured to follow this plan. Getting rid of career employees means that there will be no independent people carrying out executive activities at the leadership and middle management levels, meaning that our administration will become quite corrupt, with no accountability.

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It has been suggested to me that, if the repugnants managed to cut or destroy Social Security & Medicare, they will find a way to blame the Dems. Very scary. Thoughts?

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Of course — the repugnants will try to blame the Democrats for cuts to Social Security, Medicare, earthquakes, hurricanes, and more. Some people will believe anything they – especially DJT – say.

The Democrats should respond, quoting Saint Ronnie, “There they go again.”

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Excellent letter. Let me as a retired lawyer and former law colleague of Mr Hubbell make a comment or two about Carroll - Trump. It is important to remember that there were two trials. In the first, the jury weighed conflicting evidence and found that Trump assaulted her. That’s what juries do: weigh conflicting evidence and decide. In trial #2 the jury was bound by the verdict in #1 and only was to decide damages. It was not allowed to reweigh the evidence in #1. There was nothing unusual about any of this. Trump can appeal, but as far as proceedings in the trial court nothing unusual happened.

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Thanks for your explication.

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Thanks to 40+ years of Reaganomics, a big part of the price gouging is that we now have monopolistic concentration of most business sectors. Firms have way too much market power and there is not enough competition to prevent them from gouging us with high prices. This is the main reason behind the inflation we've been experiencing, not wage gains. Biden is rightly getting the focus back to enforcement of anti-trust laws, long ignored by the GOP. It is time to fight inflation from the top down.

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Sometimes a pack will attack an injured animal in the same pack. This judgement against His Heinous, and the Republicans' refusal to deal on the border to help the injured animal, is beginning to get others in the pack to turn on him and them. To mix metaphors, the Emperor with no clothes has finally been declared to be naked, and the citizens are finally beginning to admit what they knew all along but were afraid to admit.

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“His Heinous”. Oh that’s awesome. 👏🏻

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Anything that holds up Abbott and Paxton as ego-driven and anti-American, I'm in favor of. I understand Texas has a real problem with its border along the Rio Grande. But finding an effective way to support and work with the Federal Government, including the deal that's been developed in the Senate, would be the responsible path forward. But performative cruelty designed to garner support from Fox News and Trump is pandering to a very narrow base of our country. And not the base most interested in making progress.

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➡️ "performative cruelty" ⬅️

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Will backfire on Abbott.

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Yikes, and thanks, Robert!

If Habba did such a bad job at defending her client, could he claim he did not have competent counsel that would allow for an appeal?

Also, are defendants required to be present at criminal trials?

And, "Be Best" was a brilliant come-back by the Biden team!

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This was a civil trial. Ineffective assistance of counsel is grounds for a criminal appeal but not a civil appeal. His remedy is to sue Habba.

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Thank you, Richard. Good to know.

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Sorry for the repost, re: E Jean Carroll ~ Trump’s mouth is like a slot machine in court. Pull his arm a little and the coins come tumbling out. This time to the tune of $83.3 million.

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Phenomenal news and read today Mr. Hubbell. I'm happy Biden is giving the GOP enough rope to hang themselves on the border issue. They messed up by 1 - admitting that negotiating in bad faith by not wanting Biden to get a win during an election year, 2 - the GOP and Trump have both admitted that Trump has asked them to tank the deal. Hopefully this chess move by Biden will ultimately take away the only talking point they have going into an election year.

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I, for one, am going to spend the day reveling in celebration over that $83 + million dollar settlement! E Jean Carroll is our latest national hero.

Have I just missed it, or do we know when Letitia James will take Trump to court yet? Hoping this is just the beginning of a one two (three? four?) punch for the shameful ex president of the United States. Three cheers for the rule of law!!!

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