The Colorado finding that Trump engaged in insurrection...is VERY GOOD NEWS!

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Friday November 17, 2023 · 7:56 PM PST

2023/11/17 · 19:56

IOWAL (I Once Was A Lawyer (not currently practicing but used to clerk for a federal judge)) and so this is the way I read this.

The Colorado judge is bordering on brilliance with their decision.

When a case goes before a trial judge, there are two things at play:

1) The Facts, which are generally in the purview of the Trier of Fact (either the Jury or the Judge).

2) The Law, which a trial judge must be aware of and rule how the law and facts are applied to each other. Frequently, in instances like this, a trial judge can make a determination of how to interpret a law, apply the law to the facts, and whether a law is applicable or even invalid.

When a case goes up on a appeal, the further you get from the trier of fact the MORE deference appellate courts will pay to factual determinations. However, the higher up you get, the LESS deference is paid to the trial judge’s interpretation of the law. It is less common and arguably incorrect for a Supreme Court to make any interpretation or finding of fact, or substitute their findings of fact for the trial courts. But a Supreme Court has unfettered authority to interpret and rule on issues of law—that’s their job!

So, I’m thinking the Colorado judge is VERY smart, and VERY political.

Whichever way the trial judge ruled on the applicability of the 14th amendment applied to Trump, both the Appellate Court, and the Colorado Supreme Court would have complete authority to over rule the trial judge’s ruling. And likely the US Supreme Court after that. It, literally, didn’t matter how the trial judge ruled on this because there was certainly going to be an appeal by the losing party. And there would have been no deference, or even attention, paid to how the trial judge ruled on the 14th Amendment issue. They could/would have been overturned at either the appellate level, the Colorado Supreme Court or eventually the US Supreme Court (on this issue the USSC could step in, because of it’s a matter of the Constitution).

HOWEVER, and this is VERY important, every court above the trial court MUST pay at least some deference to the trial judge’s finding of fact. In this case, that finding is Trump Engaged in Insurrection. That is ONE HELL OF A FINDING. That is the MOST important thing the trial judge could have done. And it is NOT something that the higher courts could have done without this judge making That Finding in the first place.

Without that finding of ‘insurrection’ it is highly unlikely the anti-trump forces would prevail at any higher court, for to do so, the higher courts would have to substitute their finding of fact for the trial judge’s. And higher courts really shouldn’t be doing that.

Instead, what the Colorado judge did is give the Plaintiffs almost everything the trial judge could give them. The judge branded Trump an insurrectionist. That will be very hard to overturn on appeal.

The Appellate Courts will rule on the 14th Amendment however they would have ruled regardless of how the trial judge ruled. It simply didn’t matter on the legal points. But on the facts? That finding of insurrection was KEY.

That was a HUGE victory.

One last point, NOT ruling for the plaintiffs on the 14th amendment could insulate the judgment from accusations of bias and help support the judge’s finding of insurrection. That is a very smart, very political move by the judge.

Pompeo, Gorka, Johnson, Brexit connected through Hungary?

DyspepTex

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Tuesday October 01, 2019 · 7:01 AM PDT

2019/10/01 · 07:01

Need a little help here, folks.

Last night we saw images of Sebastian Gorka (racist of Hungarian descent) boarding a plane with Mike Pompeo flying to Europe. Why were they together? Gorka to Hungary with Pompeo

This morning, I was on the phone with a colleague in the UK. He shared that Boris Johnson is pressuring Hungary to vote against any Brexit extension. EU Fears Johnson Will Persuade Hungary

So, my guess is Gorka is along to persuade Hungary to veto Brexit, and to promise US $$ in return. Possibly, throw in a request for some dirt on Trump opponents while they’re at it.

Where are they now? Who are they meeting with? Is the trip disclosed? Official? Etc.

Brief Note to the Texas Democratic Party

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Friday December 15, 2017 · 7:18 AM PST

2017/12/15 · 07:18

Congratulations! We are thrilled, THRILLED, I say that there is a D candidate filed to run in EVERY FRIGGIN’ Congressional race in Texas. Good job! Way to go! We’re proud of our candidates and our recruitment! I couldn’t be more excited.

AND, we are building a bench! Here in Hays County we have D’s filed for (almost) every race down to dogcatcher. We can’t win, if we don’t run! Having grassroots candidates at the local level helps turnout (up and down the ballot), builds that bench, and teaches activists how to run and WIN races. The future’s so bright, we’ve got to wear shades.

Now, Democratic Operatives, let me chew your ass out for a second. Seems like a lot of you guys have forgotten how to win statewide, and certainly how to ride a wave.

Today’s lesson:

DON’T give interviews in which you are GIDDY about having a D filed to run in everyone of the 36 Tx-Congressional districts and THEN say “we hope to pick up 4 seats.” Seriously? Only 4? Out of 25 R held seats? Talk about Debbie Downer! You might sound “wise,” “realistic,” “battle-hardened,” and “experienced.” Big whoop. But you’re killing me with those low expectations. Those interviews are not about YOU—those interviews are about the NARRATIVE—and that narrative has got to be that we’re building a wave and we’re going to KICK ASS up and down the ballot.

When you hang crepe all over a lower tier D’s congressional narrative, you’re:

dissing every D not in a top-tier race,
making it harder for those lower tier races to raise money,
robbing the party of morale,
defining success as the “bare minimum” and
switching the narrative from “we’re building a wave” to “we’re hoping to have a good day.
,You’re shooting a lot of those recruits you’re so rightfully proud of in the back.

What the HELL people!? What kind of cheerleader are you? We’re in the fight OF our lives, FOR our lives and you’d be happy with 4 seats!? For shame! And you’re willing to hang those low expectations all over our party? No WONDER D’s keep getting their asses kicked down here.

So, going forward:

Stick with a winning narrative,
Make it about the WAVE coming,
Support ALL those candidates we fought so hard to recruit—don’t just throw them out as sacrificial filers (my god! look at Blake Farenthold! (or don’t—but you get my point)).
Above all PLAY to win! 2018 is the best chance we’ve had in a generation. Make the most of it.

That is all.

Alex Jones' custody battle might prove interesting

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Sunday April 16, 2017 · 8:06 PM PDT

2017/04/16 · 20:06

I think things are getting interesting in a custody battle between Alex Jones and his ex-wife.

TO BE CLEAR: Let’s leave the kids out of this. It’s gotta suck to be them for all sorts of reasons, not the least of which is their parents are divorced and now there’s a custody battle.

Probably the ONLY relevant thing about this custody battle is that Alex Jones is portraying his on-air personality as only performance art—and his parenting skills shouldn’t be judged by what he does on air. Kelly Jones, his ex-wife, maintains that the ‘on-air’ Alex Jones is the real deal: unhinged and dangerous.

But, if someone wants to follow this cuz the details might prove interesting, here’s the story.

In Travis County custody case, jury will search for real Alex Jones

Poll: Establishing the Base Line for the gun debate among Kossacks

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Sunday January 20, 2013 · 12:38 PM PST

2013/01/20 · 12:38

Recently, I've read, oh, just one heck of a lot of extreme, hyperbolic, pie-throwing posts from various Kossacks. Every time I think I'm ready to join the debate, I get swamped by the enormity of the task of responding to people with whom I disagree and just SCREAM for me to correct, inform, or throw pie at them.

At the same time, I've read posts that claim to speak for the majority of Kossacks--on both sides of the gun debate. Really, folks, everyone can't be right.

So, at the risk of offending those who demand long, well researched, and insightful posts, I say "screw it." I'm going to ask what you people think. Let's do a great debate. Later.

Now, just vote. Let's get the "bass" line going.

Poll

154 votes Show Results

My favored alternative for controlling gun violence in the US is (unless explicitly stated otherwise, all alternatives include universal registration and background checks for whatever future gun sales are allowed):

154 votes Vote Now!

My favored alternative for controlling gun violence in the US is (unless explicitly stated otherwise, all alternatives include universal registration and background checks for whatever future gun sales are allowed):

Ban all guns, even if we have to amend the Constitution.

10 votes

Ban all guns to the limits of the Second Amendment.

2 votes

Ban all guns not useful for hunting, including handguns and semi-automatic weapons.

22 votes

Ban "Assault Rifles," and handguns and medium capacity magazines (over 5-10 shots)..

22 votes

Ban high capacity magazines (over 15 shots) and "Assault Rifles" but not handguns.

32 votes

Ban handguns only.

0 votes

Ban "Assault Rifles" only and/or high capacity magazines, only.

11 votes

No bans. Just registration and background checks.

21 votes

Some alternative that is MORE restrictive than most of the options set out above.

1 vote

Some alternative that is LESS restrictive than most of the options set out above.

20 votes

Pie fight.

13 votes

Things to keep in mind in the wake of the Connecticut Tragedy

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Saturday December 15, 2012 · 8:41 AM PST

2012/12/15 · 08:41

Folks, bear with me for moment.

I haven't written a diary in a long time. But, I've been here for quite a while, through good times, and bad. This is one of those bad times.

Most of us are having the wrong conversation today. And, it's breathing life into the GOP.

We should be talking about the lack of comprehensive health care (and mental health care) in our country. A system that lets mentally ill people be slandered with negative stereotypes for seeking care, and then fails to provide seriously disturbed people with the care they need to protect them, and us, from the type of tragedy that just occurred.

We should be talking about the culture of violence in our society that shows kids 10,000 murders on tv before they're a teenager but won't let them see pictures of a breast feeding mom on face book, or have a frank factual discussion of sexuality with a teacher in high schools. It's the type of society that leads lots of people, not just those with demonstrable mental illness, fantasize that violence is a solution to any problem.

The GOP opposes our general position and discussion of these things BECAUSE THEY LOSE in this conversation.

But, what we find ourselves doing at times like this is talking about "gun control." An issue upon which all right minded progressives pretty much get their asses kicked in public polling. And, we're not even doing it well.

Right now, the GOP is cratering in on itself. It has been for four years. And, with coming demographic shifts and Texas CERTAIN to go Democratic in the next 5 to 10 years, we were positioned to control congress, and the Presidency, for a generation.

If we keep up a RECKLESS discussion of "gun control" we'll breathe life back into a dieing Republican party, hand them the mountain states that folks have fought so hard to win over, and possibly let them reverse the trends in our direction in a number of swing states.

We can successfully discuss Obamacare and mental health. We can successfully discuss our needless culture of mindless violence that elevates violence over sex practically to a fetish. And, we can intelligently discuss some gun control--but if we do it recklessly, well the GOP wins.

And, right now we're not just morning an ungodly amount of dead children in Connecticut, we're also morning THOUSANDS of soldiers who needlessly died in a war of choice in Iraq.

So, people GET YOUR SHIT TOGETHER AND ACT LIKE GROWNUPS--smart ones, even. Quit ranting against guns. Start talking about violence. About health care. Even about the crazy NRA. But, stop talking about "GUN CONTROL" and start talking about what SPECIFIC restrictions you want on gun ownership and availability.

The stakes are literally life and death. If you don't know enough about guns to figure out which restrictions make sense, and which are just bullshit, you need to educate yourself. And if you can't figure out enough about politics to realize that the "GUN CONTROL" debate hands the mountain West to the GOP, then you need to learn more about politics.

By all means, rant, grieve, shout, scream, morn, and do what ever you need to do to get through these horrible days. But, focus, people. Don't lose the forest for the trees. And don't give up the Presidency with reactionary calls for non-specific legislation.

Move the argument to OUR TURF, and let's win this fucked up fight against crazy people for the soul of our Country.

DyspepTex

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Friday December 30, 2011 · 4:00 PM PST

2011/12/30 · 16:00

Last weekend, I got a nice little message from Stratfor. They informed me they'd been hacked, and to protect myself. This week, I was notified my email and some passwords for sale on the web. I've been changing my passwords left and right. Trying to get more sophisticated about it all, and trying to figure out just how many damned internet accounts, passwords, bill payment systems, credit cards, etc. I actually have. The truth is I just don't know. More than I thought, of course.

This evening I read that Anonymous had published the credit card information for Stratfor subscribers. Ouch. That's just not what I need. I'm pushing my limits. I've TWICE had at least one card hacked in the last six months and have gone through the repeated process of disputing charges, canceling numbers, re-signing up on line subscriptions, and waiting for a week for a new card to arrive. Overall, it's a pain in the ass.

Generally, I support Anonymous' actions for transparency. Wikileaks, too. I'm a lawyer and I spent a decade specializing in Open Government litigation (meetings, records, etc). I'm on board. But can you please leave my damned credit card alone?

It's not like I'm some big government spook, or anything. I signed up with Stratfor when they had a deeply discounted yearly subscription this year. I actually know some of the guys there. I shared a floor with them in Austin when I was a practicing lawyer. They even had one really hot secretary who used to have punk hair and dress and leather. I liked her, too. They guys mostly jumped at loud noises and got nervous when they shared elevators with attractive women. No kidding.

Anyway, I'm kind of a political geek. Ya think? That's why I'm on here. I'm also running a start up coming trying to grow biomass for renewable energy. One day I'm negotiating contracts, the next I'm struggling to make payroll. Today is one of the payroll days. Signing up with Stratfor seemed reasonable because it was cheap, at the time, and I need to know as much as I can about those things that affect international monetary policy, (specifically the value of the Euro) as I can.

So, I subscribed to Stratfor. And now I feel a little like road kill on the highway of class warfare. I'm a middle class guy (currently lower middle class) who got slammed by activists trying to take on big government. I think I'm doing the right thing. Trying to save the world, etc. And I'm suddenly collateral damage.

So, just a note to all you hackers and Anonymous supporters out there. Let's be careful out there. Not everyone on Stratfor's list is a spook. Or military. Or an evil doer. There are a lot more of middle class guys than the 1% er's. Try not to hit us all with the same train.

Texas and the Hate Crimes Act

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Wednesday October 28, 2009 · 12:05 PM PDT

2009/10/28 · 12:05

This is a repost from the Equality Texas blog. (Don't worry, I wrote it and I'm going to hang around to chat about it).

Federal Hate Crimes Legislation - A Grim Victory

Today, President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. It is an important, yet grim, victory for the LGBT and other targeted communities. Among other important steps, the Act marks the first time federal law has referred to "gender identity" in a positive manner and offered transgender persons some form of protection.

It has taken 13 years, untold victims, multiple deaths, and the efforts of survivors, loved ones and activists to get the Hate Crimes Act passed. No one, of course, expects the Act to actually end hate crimes. However, the hope is that by granting the federal government the jurisdiction and resources to prosecute hate crimes people will become more aware, and educated, about hate crimes--eventually leading to an overall reduction in this, one of the most hideous forms of violence.

More below the fold....

DyspepTex

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Friday October 02, 2009 · 10:17 AM PDT

2009/10/02 · 10:17

I work for Equality Texas. We get so many defeats down here, that it's easy to get disheartened. Then, there are the victories!

Here is our statement that we just released on a Dallas Judge's decision.

Equal Protection Means Equal Protection
On Thursday, October 1st, a Dallas judge ruled that the Texas prohibition on marriage for same-sex couples violates the equal protection clause of the United States Constitution.

Equality Texas supports marriage equality. We appreciate the seriousness of Judge Tena Callahan’s ruling and its recognition that a couple legally married in another state has the right to pursue the dissolution of that marriage in Texas when they reside in Texas – a right that any other couple has.

While we are pleased that such a ruling has been made, we realize that Texas’ ban on marriage for same-sex couples is a long way from being over. We do not anticipate the Texas Attorney General, the Governor, or even candidates for statewide office will let this ruling rest undisturbed. However, Judge Callahan’s ruling encourages us that progress is being made, even here in Texas.

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Monday August 31, 2009 · 9:01 AM PDT

2009/08/31 · 09:01

Look out folks:

Lou Dobbs is taking a break UPDATE: FROM HIS RADIO SHOW and someone has found an even scarier wingnut to take his place: State Senator Dan Patrick, from Texas.

Capitol Annex: Patrick to sub for Dobbs

UPDATE II 9/31/09-PERRY TO JOIN DAN PATRICK WHILE SENATOR SITS IN AS GUEST HOST ON LOU DOBBS RADIO SHOW

Dan Patrick, (NOT the ESPN guy), is a right wing radio host from Houston who got so upset with the political establishment that he got himself elected a state senator. IN TEXAS. How crazy do you have to be to think Texas isn't RED enough? Pretty damned crazy....

AND, this is one of the guys on the short list that may be appointed by Gov. Perry to replace Kay B. H. (say it slowyly). Or he may run for Texas guv. You need to know this guy. You need to fear this guy.

More below the fold.

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Tuesday December 23, 2008 · 7:36 AM PST

2008/12/23 · 07:36

Rick Warren. Yes, I said it. Now, what to do?

It really doesn't matter where you fall in the B. Obama/R. Warren dust up. Either Obama royally screwed up (doing so recklessly) by asking Warren to deliver the invocation delivering a slap to his GLBT supporters in the process, or Obama asked Warren to deliver the invocation for strategic political reasons delivering a slap to the his GLBT supporters in the process. Whether either was intentional, both the insult and the strategic opportunity are there.

Let's do something with that, shall we? We have to make it extremely uncomfortable for Obama to be estranged from the Pro-Equality community.

Some more thoughts below the fold.....

DyspepTex

Community (This content is not subject to review by Daily Kos staff prior to publication.)

Wednesday December 17, 2008 · 7:14 AM PST

2008/12/17 · 07:14

I'm posting slightly off topic for the DK community, but I thought this one was a worthy exception to "all politics all the time." Though, on second thought this is probably extremely relevant under the "Corporate America will do anything to make a buck" including avoiding company legal obligations and screwing the people the company is supposed to protect.

In sum: Great American Insurance Company is arguing in federal court in Houston that it should not have to make a payout for the deaths of three people. Seems they died from breathing smoke from a fire. "Great" American is arguing that the three victims didn't die from the fire, but rather from "pollution" which, of course, is excluded from coverage.

No, I'm unfortunately not kidding. Here's the Linkey Thingy to the Houston Chronicle article.

If you already are, please, reconsider doing business with "Great" "American" "Insurance." Perhaps a little public exposure and lost business will belatedly bring a sense of decency to the company execs.

BTW--And yes, as always, there are more facts than I summarize here. But my summary is correct in the relevant facts. (That's what the link is for. So you can read the whole article.)

Poll

53 votes Show Results

Totally unscientific opinion poll. What should happen to companies that engage in practices ike Great American?

53 votes Vote Now!

Totally unscientific opinion poll. What should happen to companies that engage in practices ike Great American?

Social Ostracism

0 votes

Yank the corporate charter

8 votes

Make them sit (collectively) in the corner

1 vote

Higher tax rates

1 vote

Lower tax rates (only acceptable answer if you're a republican)

0 votes

Shun them at holiday parties (narrow version of first option above)

0 votes

Cancel THEIR insurance

3 votes

Boycott

2 votes

Massive penalties tied to wrongfully delaying payments

36 votes

Other (list below. Be creative)

2 votes

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Older

RSS

The Colorado finding that Trump engaged in insurrection...is VERY GOOD NEWS!

Pompeo, Gorka, Johnson, Brexit connected through Hungary?

Brief Note to the Texas Democratic Party

Alex Jones' custody battle might prove interesting

Poll: Establishing the Base Line for the gun debate among Kossacks

Things to keep in mind in the wake of the Connecticut Tragedy

I was hacked by Anonymous

Texas and the Hate Crimes Act

Updated: Judge Declares Texas Anti-Marriage Amendment Unconstitutional

WARNING: Lou Dobbs to be replaced by scarier wingnut

What I Want You To Do

Required Moment of National Shame-Great American Insurance Company