January 14, 2021
I suspect most people, and the majority of Trumpists, would agree Trump is an imperfect political vehicle and that Trumpism, as political movement, is under-defined, inconclusive, and inchoate. The best that can be said about Trumpism is that it does not represent the tenets of contemporary Republicanism, or Democratic Bidenism. Trumpism is a startling new ism. That America, a staid state known to reject all forms of novelty and innovation, should seek to exorcise an unknown cancerous ism making sudden appearance within the body politic is perfectly understandable. But what exactly is being rejected, cast out, exorcized? What is the modus operandi of Trumpism? How do we know it?
As best as can be determined, there has been no clear articulation of Trumpism apart from the fact it includes the wearing of a red baseball cap. Donning such an accoutrement today will likely result in the wearer being placed on a no-fly list, suspected of political crimes, disciplined by loss of employment, denied the protections of the First Amendment, refused counsel, labelled as a deplorable, racist, riotous, misogynist, insurrectionist, white supremacist, fascist, terrorist, being actively shunned as one among 78 million other outcasts, publicly derided before being immediately convicted in advance of indictment and then punished to the full extent of the law. America will never tolerate mob rule.
During the entirety of the January 6th, 2021 two- and one-half hour “seizure” of the Capitol no reported fires were set. Unlike the Washington events of June 2020, neither the Capitol, nor the capital, were so much as singed. There was no declaration of independence, no assertion of the Capitol as a satellite province of CHAZ, no manifesto calling for the abolition of the police, the armed forces, and prisons, no demand for full legal immunity, no spray painting of slogans, epithets, or any other attempt at violent redecoration, no attempt to raise a foreign flag, or to alter existing accepted forms governance. There was no degree of looting apart from one lectern. The participants, apart from a half-naked vegetarian dressed in furs and horns and carrying a spear adorned with the stars and stripes, looked much like your average deplorable. There were no signs of rebellion derived from a Monty Python sketch; Monty Python was entirely absent. There were no reports of a dead parrot.
On June 23rd, 2020 President Trump declared “There will never be an ‘Autonomous Zone’ in Washington, D.C., as long as I’m your President. If they try, they will be met with serious force!” This declaration was deleted by Twitter on the grounds it violated the company’s policy against abusive behavior: “specifically the presence of a threat of harm against an identifiable group.” Twitter did not identify this group and Trump did not elaborate.
I am no lawyer. But I think there exists an outside chance the 70 odd Trumpists presently facing criminal sanction for their conduct between 1:30 p.m. and 4 p.m. on January 6th, 2021 may eventually have their day in court. Before they are shipped to the Gulag for re-education, their counsel may wish to plead the following:
That in the months preceding January 6th, 2021 America experienced an outburst of mob violence, a destructive pyromania which levelled entire city blocks. This was coupled with extensive looting, multiple shootings and unlawful deaths, the destruction of $1 to 2 billion in insured property nationally—the highest recorded damage from civil disorder in U.S. history—and clear evidence of insurrection as is to be found in declarations of political independence and demands to abolish the police, the armed forces, and the prisons.
Counsel will likely seek to demonstrate that despite this violent unrest occurring in a number of major cities, minimal legal action was taken, and that the violence, intimidation, insurrection, looting, burning, and associated billions in property damage, was publicly reported as being a benign “peaceful demonstration.” Counsel will then ask how their clients can now be found guilty of what Biden labelled as “Insurrectionists. Domestic terrorists” when on January 6th, 2021 there was no looting (the lectern excepted), no arson, no use of lethal weapons, no coherent political demand or manifesto, and no attempt to subvert or replace the existing political order. Evidence to be presented will show the defendants walked into a public building known as the “people’s house,” (both the Rotunda and Statuary Hall are acknowledged public spaces), entered through open doors, that the police removed barricades and ushered them forward, that the defendants took selfies with obliging police officers, and that defendants were standing in the company of police officers when an unidentified agent of the state executed one of their number with a single shot to the head, with no form of warning, for the misdemeanor of trespass. When at 4 p.m. everyone began to get an emergency text message from D.C. Mayor Bowser saying a curfew would be in effect from 6:00pm, the crowd proceeded to vacate the premises.
At this point in the proceedings, Counsel will state that his clients were present in the Capitol for the sole express purpose of affirming the Constitution of the United States of America.
Counsel will then draw the attention of the jury to Article II Section 1 clause 2 of the Constitution which states as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Counsel will demonstrate that this Constitutional document was formally ratified and therefore has present application to each state in the union without limit or exception to include the states of Pennsylvania, Wisconsin, Michigan, and Georgia.
That the public record demonstrates that in each of these states the executive bypassed the legislature and, over the objections of the legislature, did unilaterally act to usurp the legislature’s sole prerogative to “direct” the manner in which the state shall appoint its allotted electors and in so doing did act in express violation of the provisions found in Article II Section 1 clause 2 of the Constitution of the United States of America.
Each of the enumerated states therefore acted without lawful authority with the express intent to manipulate and ignore statute law duly enacted by the state legislature which statutes explicitly directed the manner of voting required to lawfully appoint that states electors.
In each of Pennsylvania, Wisconsin, Michigan, and Georgia, the executive acted in defiance of the will of the elected representatives of the citizens. In plain language, the executive violated both state law and the Federal constitution. They acted out of arbitrary self-interest. Such conduct may represent an element “of the most extensive and inclusive voter fraud organization in the history of American politics.”
That the state executive was under Democratic control, and the objecting state legislature was under Republican control, does not excuse such abridgement of the Constitutional rights afforded the citizens. You have either a written constitution and an applied, well respected body of law, or you have mob rule. When it comes to the law you cannot be half pregnant.
Further, Counsel for the defense is likely to produce for the jury the protections found in the First Amendment notably the right to assembly and the right to petition the Government for a redress of grievance.
Counsel will then suggest that any citizen of a federation bound by the Constitution who gains knowledge that members of that same federation have knowingly acted in violation of the law to further their own political ends, that such knowledge constitutes significant ground for public grievance. The citizen is potentially disenfranchised by such Constitutional violations.
This public grievance is exacerbated by the fact Biden arranged for a “massive ‘election protection program,’ which includes former Attorney General Eric Holder and hundreds of other lawyers” One wants to think a former Attorney General has some understanding of the Constitution and its various provisions. (FOX News October 25th, 2020).
On October 29th, 2020 the organization factcheck.org spoke with T.J. Ducklo, the National Press Secretary, Biden for President, who stated “The President of the United States has already demonstrated he’s willing to lie and manipulate our country’s democratic process to help himself politically, which is why we have assembled the most robust and sophisticated team in presidential campaign history to confront voter suppression and fight voter fraud however it may present itself. The American people will decide the outcome of this election on November 3rd through a free and fair election, as they always have” (factcheck.org October 29th, 2020)
Given a demonstrated concern over the manipulation of the democratic process leading to the creation of the “most robust and sophisticated team in presidential campaign history to confront voter suppression and fight voter fraud however it may present itself,” it seems reasonable to assume that this “robust and sophisticated team” would be sensitive to the enumerated violations of the Constitution. If you choose to believe FOX News and T.J. Ducklo, Biden had the assistance of a former A.G. and “hundreds of other lawyers” to achieve this worthy goal. With that amount of legal horsepower, it is difficult to understand how they overlooked such egregious violations of Constitutional law “however it may present itself.”
It will be argued the persons attending the Mall and the Capitol on January 6th, 2021, participated in an assembly joined for the express right to petition the Government for a redress of grievance. This assertion is proved by the fact that immediately before entering upon the grounds of the Capitol the grievers did attend a rally convened by the 45th President of the United States. That the President of the United States is bound by an oath which demands:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
That the President of the United States, one Donald J. Trump was, on January 6th, 2021, lawfully executing his responsibility to preserve, protect, and defend, the U.S. Constitution.
That the President has been regularly described in the media as a traitor and ass-clown, as a bombastic narcissistic psychopathic tool of Putin, and as a bedwetter. Regardless of this concerted public disrespect, on January 6th, 2021 the President was faithfully executing his duty to the best of his ability despite public scorn and rejection by the nation, the vicious slander and disapprobation of the press, abandonment by the courts, the repellent attacks of the Bidenists, and the cowardice of elected members of the Republican party.
The orange ass-clown was, on January 6th, 2021, the sole office holder of the US government acting to protect, and defend, the Constitution of the United States of America.
Counsel will then seek to introduce Title 18 U.S. Code § 2385 – Advocating overthrow of Government which states that:
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
Counsel will then seek to address the definition of “force” and raise the question “Does the unlawful sanction and persecution of citizens of the United States of America for the lawful attempt to seek redress for grievance constitute the use of “force?” Does the denial of First Amendment rights by corporate entities domiciled in the United States of America constitute “force?” Does the termination of employment, or the threat of termination of employment for political speech, or the exercise of First Amendment rights, constitute “force?” Does placing persons on a no-fly list and denying them common carrier services for the fact of their political views constitute “force?” Does the conduct of the Speaker of the House acting to impeach a sitting President of the United States of America for the lawful exercise of his duties to the best of his ability constitute “force?” Does incitement on the part of the President elect to sanction citizens for their political speech, or views, constitute “force?” Does the summary execution of a U.S. citizen veteran by an anonymous agent of the state, without notice or warning, for the exercise of her First Amendment rights constitute “force?” The jury will be asked to render a decision on these questions.
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