132 Comments
Aug 2, 2023Liked by Robert B. Hubbell

Only the judge and the jury are required to presume that Donald Trump is innocent. The rest of us have the right to presume that

1) what we saw is what happened,

2) what we have learned about what we saw is true, and

3) Donald Trump is guilty as charged.

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Agree 100%!

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Aug 2, 2023Liked by Robert B. Hubbell

Agreed. This is why I wrote to my Secretary of State last night. Did I do the right thing?

Dear Secretary Griswold,

Please fulfill your Constitutional duty and bar Donald Trump from being on the ballot in Colorado’s 2024 general election.

Trump may well be convicted, but election officials do not need to wait for that to disqualify him from running.

The Constitution sets the rules for who can and can’t serve as president, and the 14th Amendment explicitly prohibits elected officials who have engaged in insurrection from running for president or serving in any other public office.

This is now the third time in four months that Trump has been indicted, but it likely won't be the last. The latest charges include conspiracy to defraud the United States, conspiracy against the rights of citizens, and obstruction of an official proceeding. If convicted on the charges included in today's indictment, Trump faces up to 30 years in prison.

But perhaps more importantly for the future of our democracy, these charges clearly show that Trump is disqualified from running for president under the 14th Amendment’s insurrection clause — and state and local election officials have the authority right now to bar him from running.

If you’re under 35 or not a natural born U.S. citizen, election officials won’t put you on the ballot. They don't need a jury to determine your age or citizenship. Trump incited an insurrection in plain sight, on TV and on Twitter.

With filing deadlines for 2024 presidential candidates approaching in the next six months, we don’t have much time. Will you honor your oath to protect and defend the Constitution, and bar Trump from being on the ballot in Colorado?

Please let me know what you intend to do about this critical matter.

Respectfully,

Eric

(Source of above language: Based on 8/1/23 email from Inequality Media Civic Action, by Robert Reich, former US Secretary of Labor)

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Brilliant idea! I’ve copied your letter and emailed it to Robert Rodriguez, Secretary of State of NY.

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Foiled! Incorrect email address listed! Will snail mail.

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I hear that snail mail has a bigger impact. So yay!

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Eric, I plan to follow your lead. Do you mind if I borrow your wording? Thanks.

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Yes, copy and paste all or some of the words, which are almost entirely Robert Reich's anyway. I bet he wouldn't mind!

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I've also copied your letter, and emailed it to the Massachusetts Secretary of State, William Galvin.

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Thank you for this! I will do the same in Georgia!!

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TFG: "Witch Hunt!!!"

Jack Smith: "Found One!!!"

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✌️✌️✌️✌️

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deletedAug 2, 2023·edited Aug 2, 2023
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Note that, by default, signing the petition that Reich linked to will sign you up for a zillion email lists. But it's not hard to opt out of that before signing if you look carefully (below the signing button).

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NOW you tell me! Or, rather, NOW I read your post. As Janet R (CO) writes, I'll unsubscribe as they come in. Tedious but necessary.

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If you read Marcus's WaPo column -- and you should; it is excellent in places, particularly the excerpt quoted in Robert's post -- scroll down past the end of the column far enough to read Theodore Widlanski's comment. He points out, correctly in my view, that Marcus has it "backward" about the idea of prosecuting a former president and current presidential candidate making us "uneasy." As Dr. Widlanski succinctly puts it, the uneasy-making parts are (a) that the country elected a blatantly criminal person and (b) that the country was so hesitant to prosecute "someone who so blatantly and criminally violated the public trust."

If we do not prosecute people who break the law because they are famous or rich or powerful, we are not a nation of laws. And if we are not that, we are not and cannot be a democracy.

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What makes His Heinous's supporters in particularly uneasy is that in their tiny little minds they are cursed with the cognitive dissonance of, on one hand, knowing he is, say, "damaged" while on they other hand they think he's Jesus reincarnate. So they suffer from additional psychological burdens: call them the "Emperor's New Clothes effect" + "sunk cost bias." The combination of all this is too heavy for them to admit, so they have to deny it all and dig deeper into their false beliefs, because admitting they are wrong is simply too painful.

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Very well said. "Emperor's New Clothes effect" + "sunk cost bias." I thought both of these at one time or another about Trump's supporters, but putting them together is brilliant.

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Q. Should I read "sunk cause" bias?

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Aug 2, 2023Liked by Robert B. Hubbell

As I’ve said since the first Special Counsel indictment, there are two camps in America. One believes in democracy and the rule of law. The other is opposed to them. And there’s no one—no thinking person, anyway—in between.

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Thank you. Brilliant summation of the crux of the issue.

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Thank you for pointing out that comment. Whenever I read a WaPo column, I always look for Theodore Widlanski and Andrew J. Bjelland's comments. They are always thoughtful and worth reading. I select for 'most liked' to cut through the chaff of the trolls.

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I'll have to go read Marcus' column if only to comment that far from feeling uneasy about our government prosecuting an ex-president, I'm elated. I'm elated to see the numerous current and coming indictments against tfg. He earned each and every one.

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Aug 2, 2023Liked by Robert B. Hubbell

If the successful attempt to overturn the result of the 2000 election had been similarly prosecuted, we would probably not have had an attempt to do the same twenty years later. I am very happy to see our right to vote, and have our votes respected, defended.

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Aug 2, 2023Liked by Robert B. Hubbell

Why isn't everyone pointing out how TFG Tried to use the DOJ to overturn the election. Gaslight much? AND. I hope there are some congressmen (Jordan, Cruz, Graham) quaking in their shoes

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Aug 2, 2023·edited Aug 2, 2023

Add Gosar, Biggs, Hawley, MTG, Gaetz, Grassley and others to your list. If they participated and are indicted, the makeup of the House and Senate might not even require an election to bring some semblance of respectability and order back to Congress.

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Aug 2, 2023·edited Aug 2, 2023

I thank our lucky stars for the dignity with which Jack Smith discharges his duties: his perpetual reminders of the presumption of innocence, especially as regards Donald J. Trump, and the way he departs the podium, never deigning to answer the stupid questions winging his way from the gaggle of stenographers, all of whom lost the right to be called The Press 43 years ago as they commenced their eight-year nap during the Reagan Reign of Terrror.

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Aug 2, 2023·edited Aug 2, 2023Liked by Robert B. Hubbell

I love the exhortations to be more than just a spectator to this historic moment, and to take action. As Robert quotes Tom Nichols, we "must speak up and speak out," and, "we must be willing to speak this truth not only to power but to our fellow citizens."

Heather Cox Richardson did similar in her video chat today on Facebook. She ended by encouraging us to speak up that WE are the patriots upholding the institutions of our liberal democracy, the foundation for self-determination. She said she's going to start wearing an American flag pin. We each can become so conversant in what liberal democracy means, and fly our flag.

https://fb.watch/m9OeKra8N2/

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Going to get my American flag pin, Ellie. Hope it's not Made in China! LOL

I started flying the American flag several months ago; so glad to have done so.

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Hmmm! I still have the red, white and blue beads-on-a-safety-pin American flag that I bought in Westport CT soon after 9/11.... I was driving across country from San Diego to the east coast and woke up in Alamagordo NM on 9/11 to the news of the twin towers attack. Stayed on US70 instead of interstate and it was greatly reassuring to drive through the hundreds of miles of wide open spaces at the western part of US70.

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Good suggestion Lynell! Took mine down after 4th, but will follow suit.

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Here’s an update from the inimitable Jessica Craven:

“Anat Schenker-Osorio’s Research Collaborative sent out the following messaging guidance on the new indictments. I thought it was important to quote it in full—very helpful stuff!

With the news that the former MAGA president has been indicted by a Grand Jury of Americans for his criminal conspiracy to overthrow the will of the people, we wanted to share updated guidance. In addition to the message below, we also want to keep in mind the following overarching principles for determining how we convey to voters what has happened, who is responsible and how to proceed:

Push this beyond one actor: the MAGA Republicans that supported, schemed, and covered up for him are still in power today and must be held accountable.

Connect MAGA response to the larger criminal conspiracy - from Congress, to the Courts, to states - of deliberately spreading lies, breaking laws, and fomenting corruption in order to grab and hold onto power.

Focus on outcome arguments about how this endangers our country instead of process framings about hypocrisy or “rule of law.”

Emphasize the role everyday Americans have played and must continue to play to push for accountability. ‘We the people’ weighed the evidence and decided to indict and now we must demand that all those involved face the consequences.

Activate public defiance and use this and other indictments to remind voters that we can and will stand up to and defeat this fascist faction.“

https://open.substack.com/pub/chopwoodcarrywaterdailyactions/p/chop-wood-carry-water-82-d50?r=6pp8t&utm_medium=ios&utm_campaign=post

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Should left-of-political-center people wear the pin with the flag upside down? I know that would be provocative.

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Aug 2, 2023Liked by Robert B. Hubbell

I am so glad that you referenced Tom Nichols' column in the Atlantic. I would highly suggest that everyone read it in its' entirety and forward it to everyone that you know. It is a call to action to speak to people about DJT's crimes and the danger that he brings to democracy. Nichols writes:

"The indictment handed down today challenges every American to put a shoulder to the wheel and defend our republic in every peaceful, legal, and civilized way they can."

This work is daily and we all must engage in it. The right has their mouthpieces that are in lock step. They are loud. We must be louder and engage everyone that we know - not just DJT's supporters, but those who sit on the sidelines and say things like "both parties are the same" or "my vote doesn't count what's the point." Frankly, both are dangerous. We cannot let our friends and family look away from what is happening. Real people have been hurt over the last seven years.

We need everyone to vote for Joe Biden and Democrats in 2024. Jack Smith is doing his job with dignity and skill - so must we. May we be determined and happy warriors as we fight for our democracy.

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There are two polar opposite ways of reflecting on the occasion of the release and unsealing of the indictments. Firstly, there is overwhelming joy, celebration, if you will, that justice will prevail. As well, there's the 'GOTCHA' aspect, that a perennial scoundrel and crook who has long gotten away with his rackets, is finally being held accountable. And, then the irresistible urge to fist pump, "YES", forgetting that this is not yet over and that all it takes is just one solitary juror to overturn the seeming irrefutable evidence.

Then there is the somber, quiet feeling of gratitude - a deep breath, a calmness, the whole body release that follows long waiting and pondering and living with a sense of foreboding, even threat. It is not so much a sadness that we have had to traverse these murky waters, so much as a realization that Democracy does not come easily to us, and requires a lot of us, and from us. It is less a mournfulness than a deep appreciation for what we have been prized with.

I am cherishing this moment for all of the above reasons.

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Aug 2, 2023Liked by Robert B. Hubbell

"And the indictment cuts to the quick of the injury inflicted by Trump: It alleges that Trump engaged in a conspiracy “against the right to vote and to have one’s vote counted.”

And yet -----> Gym Jordan just said: "Trump did nothing wrong". So, 2 1/2 years after Jan 6, numerous jail sentences, numerous indictments, the 1/6 investigation, and Jordan's own sense of right and wrong is so deeply flawed that he still sees nothing wrong. I hope that there are a majority of voters in Ohio's 4th who think he's a deeply flawed individual.

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And who will vote for his next opponent.

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Absolutely. I guess, despite his manifest flaws, that he must do something right besides talk a lot, and at every opportunity, on Fox and Newsmax.

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Aug 2, 2023·edited Aug 2, 2023Liked by Robert B. Hubbell

Robert Reich is making a case that invoking Section 3 of the 14th Amendment to the Constitution is sufficient to disqualify Trump from holding office again. There are two organizations that are appealing to several Secretaries of State to not allow Trump on the ballot as their duty to the U.S. and their state's constitutions. Here is the relevant 14th Amendment text:

"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."

My question, then, is why is the 14th Amendment not being invoked and taking effect? Is it because the Senate failed to convict Trump in the second impeachment? Is it because Trump hasn't yet been convicted of inciting an insurrection in a court of law? Prof. Reich argues that he acted in public and could clearly be seen having "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies" of the United States.

Here's a link to Prof. Reich's relevant post, which includes a link to an organization promoting this approach.

https://robertreich.substack.com/p/you-cant-be-president-if-youve-tried

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There are constitutional question about who implements. Does Trump need to be convicted of insurrection or rebellion before the bar applies? Who decides if Jan 6th was an insurrections? What if Arizona claimed that riots after George Floyd’s murder constituted an insurrection and tried to bar Joe Biden? All of those uncertainties go away if there is a conviction.

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Excellent points, Robert. We may all personally be certain that a person is guilty of a crime, but that person can not be deprived of their freedom unless convicted, regardless of how many may have witnessed the act.

Likewise, we may personally conclude that a person "engaged in insurrection or rebellion". But absent any official finding to that effect, it's reasonable to conclude that Section 3 does not apply.

As Robert here suggests, the rule of law applies equally to all. Therefore, maintaining a high standard for imposing sanction is crucial.

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Or, a secretary of state can refuse to put Trump on the ballot and it will be litigated. That’s a stumbling block worth considering, and it’s not based on a lie, unlike Trumpublican maneuvers.

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This is helpful. Secretaries of State who act without evidence, as Robert warns us they might, their decisions would be heavily litigated. Then actual evidence would need to be brought into the court process. Those secretaries would not get away with it. In this situation, all the evidence is here to support any Secretary of State who makes that decision. Let there be challenges to secretaries of State who keep Trump off the ballot, and all of Jack Smith's indictment evidence will be brought forth again. That's good.

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Last night I used Reich's email to write to my Secretary of State. Shouldn't we all be doing this??

Dear Secretary Griswold,

In 1970 my family moved to Colorado, and in the 1980s at Stanford one of my fields of study was political science. Please fulfill your Constitutional duty and bar Donald Trump from being on the ballot in Colorado’s 2024 general election.

Trump may well be convicted, but election officials do not need to wait for that to disqualify him from running.

The Constitution sets the rules for who can and can’t serve as president, and the 14th Amendment explicitly prohibits elected officials who have engaged in insurrection from running for president or serving in any other public office.

This is now the third time in four months that Trump has been indicted, but it likely won't be the last. The latest charges include conspiracy to defraud the United States, conspiracy against the rights of citizens, and obstruction of an official proceeding. If convicted on the charges included in today's indictment, Trump faces up to 30 years in prison.

But perhaps more importantly for the future of our democracy, these charges clearly show that Trump is disqualified from running for president under the 14th Amendment’s insurrection clause — and state and local election officials have the authority right now to bar him from running.

If you’re under 35 or not a natural born U.S. citizen, election officials won’t put you on the ballot. They don't need a jury to determine your age or citizenship. Trump incited an insurrection in plain sight, on TV and on Twitter.

With filing deadlines for 2024 presidential candidates approaching in the next six months, we don’t have much time. Will you honor your oath to protect and defend the Constitution, and bar Trump from being on the ballot in Colorado?

Please let me know what you intend to do about this critical matter.

Respectfully,

Eric

(Source of above language: Based on 8/1/23 email from Inequality Media Civic Action, by Robert Reich, former US Secretary of Labor)

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Aug 2, 2023Liked by Robert B. Hubbell

A huge weight has been lifted, and I feel better about the state and future of our democracy than I have since Biden was elected.

I'd add to the list of bulleted points of gratitude Bennie Thompson and Liz Cheney's magnificent persistence in the January 6 hearings.

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All well said! Thank you! I have just one simple suggestion, and wonder, if it makes sense, how it could be implemented. Could we stop posting photographs of Trump? We all know what he looks like! But wouldn't it make a difference if we continued to report without depicting? Just thinking. And if we think it's a good idea, how do we ask our major news outlets about it?

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Agree & have written to NYT why it is necessary to constantly post photo of dt? on front page and looking victorious? never received a response but suggest more do the same.

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I have written to them too, on many occasions. It's infuriating to see all that free PR for TFG -- and in many cases they're not unflattering photos with him surrounded by presidential trappings.

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Look at the big picture:

1. The NY indictment. This is for falsifying business records, one piece of deceitful behavior during the 2016 campaign for election.

2. The DC indictment. This is for fraudulent behavior as part of an effort to steal the 2020 election that Trump lost.

3. The GA indictment to come. This is for one instance of Trump's fraudulent behavior to get others to change the results of the 2020 election.

4. The FL indictment. This is for Trump's illegal behavior after the 2020 election was clearly decided regarding classified document he had as a result of having been President.

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As the indictments stack up now is the time for the Republicans to stop defending Trump and for them to hold him accountable because if they don’t then the voting public will.

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I don't know if we can get Republicans to stop defending Trump. We can elect Democrats. Consider my newsletter: Len's Political Notes https://lenspoliticalnotes.com

For the most part, these a bios of candidates for whom donations can make a difference between winning and losing.

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My first reaction to last nights indictment was “ finally “ when hearing about the indictment but what was interesting to me was the fact that the J6th hearings chaired by Liz Chaney set the stage and and introduced the public to what was really going on that we were unaware of. Even more importantly the information and revelations were mostly provided by Republicans. The American public per se probably was not surprised by the indictments only the magnitude of the scope and timing of the coup attempt and the willing participants. There will be accountability in multiple jurisdictions for a multitude of willing participants and I predict that even with the denials and attempts to misdirect the American voting public regardless of party affiliation will be the ultimate judge and jury and will find Trump guilty as charged.

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Aug 2, 2023Liked by Robert B. Hubbell

Robert, this is one of your best commentaries and a call to every patriot to Act!

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Aug 2, 2023Liked by Robert B. Hubbell

Let’s think about Mike Pence for a moment, distasteful as that may be. Clearly, he will be an important witness for the prosecution—likely the most important, apart from Trump’s endless admissions of guilt. That puts Trump, at least, in an uncomfortable position. If Pence is eliminated early from the 2024 race (as seems likely), he will have much less reason to trim his sails or be nice to Trump at the trial. So, in an odd way, it will be in Trump’s interest to keep Pence’s spectral campaign alive as long as possible. OK, enough about Mike Pence.

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