NEITHER OF THEM WILL BE ON THE BALLOT IN NOVEMBER:

Biden won’t be charged in classified docs case; special counsel cites instances of ‘poor memory’ (Ryan J. Reilly, Ken Dilanian and Megan Lebowitz, 2/08/24, NBC news)

Hur’s report included several shocking lines about Biden’s memory, which the report said “was significantly limited” during his 2023 interviews with the special counsel. Biden’s age and presentation would make it more difficult to convince a jury beyond a reasonable doubt that the now-81-year-old was guilty of willfully committing a crime.

“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” it said. “Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”

And he didn’t have much on the ball to begin with.

JUST THE FACTS:

Congress has already disqualified Trump from the ballot (Tristan Snell, February 8, 2024, CNN)

Those votes came in the second impeachment of Trump, in January and February of 2021, in which majorities of both the House and the Senate backed an article of impeachment against Trump for “incitement of insurrection.”

This was a finding of fact, by majorities of our elected representatives, after a full public trial in which Trump was able to mount a defense — and it should be deemed persuasive, if not conclusive, in answering the factual questions before the Supreme Court. Indeed, for the more right-wing justices, who are often fond of pontificating that courts should not make policy judgments and should instead defer to legislatures, one would think that such a clear public pronouncement from Congress on Trump’s engagement in insurrection would be a compelling precedent.


To be clear, the 14th Amendment does not actually require anyone to have voted to disqualify an insurrectionist, whether that’s a legislature or a jury. It certainly does not require a conviction, as some have tried to argue (and such bastardization of the plain language of a constitutional provision is exactly the opposite of what conservatives normally preach).

Legally, the insurrectionist is disqualified the moment he engages in insurrection.

THE GRAND OLD PARTY:

Abraham Lincoln’s Oft-Overlooked Campaign to Promote Immigration to the U.S. (Harold Holzer, February 8, 2024, Smithsonian)


Between 1830 and the outbreak of the American Civil War in April 1861, millions of Europeans migrated to the U.S., forever upending the demography, culture and voting patterns of the nation, especially in its teeming urban centers. In the wake of such overwhelming change, resistance to immigration and immigrants metastasized until forces arose that were determined not only to restrict foreigners from entering the country but also to disenfranchise, demonize and, occasionally, terrorize those who had already arrived, settled and earned citizenship here. And still the refugees poured across oceans and borders to reach our shores, their growing numbers inevitably challenging, and ultimately redefining, what it meant to be American.

Only when the Civil War began did foreign migration to the U.S. slow significantly. Prospective immigrants understandably shrank from the notion of abandoning one troubled country to relocate to another. To some Americans, the reduction in new foreign arrivals came as an answered prayer. For decades, immigration, particularly by Catholics, had stirred resistance, resentment and, in some cases, violence, destruction and death. Politically, these tensions split and ultimately destroyed the old Whig Party, in which Lincoln had spent most of his political career, inspiring anti-­immigration nativists to form a political organization of their own. The realignment had driven many immigrants into the ranks of the Democrats, who welcomed new arrivals with a warm embrace and a swift path to citizenship and voter registration. The issue roiled the country and exposed an ugly vein of bigotry in the American body politic. And its intractability deflected mainstream attention from the country’s original sin: slavery.

Now Lincoln looked beyond the longtime national divide over immigration to propose his revolutionary idea. Although he reported in his message that refugees were “again flowing with greater freedom” into America, their numbers had yet to reach their robust, if bitterly contested, prewar levels. And the reduction was causing what Lincoln called “a great deficiency of laborers in every field of industry, especially in agriculture and in our mines, as well of iron and coal as of the precious metals.” In other words, America could no longer rely on American workers to fill American jobs. Employers needed to look elsewhere—namely overseas—for labor.


True enough, the Lincoln administration had in a sense contributed to this crisis-­level “deficiency.” As many as a million men had now enrolled in the Union armed forces to fight the Confederacy, and since the spring of 1863, the newly introduced military draft had been wresting laborers from farms and factories and redeploying them into the Army. As Lincoln saw matters, their necessary absence from the home front now threatened national productivity—of civilian goods as well as war materiel. Whether the situation might ease longtime hostility to foreign laborers would be left for another day. First, Lincoln urgently wanted robust immigration to resume—even if the government had to provide the means to accelerate it.

As Lincoln forcibly argued in his message, the time had come to regard immigrants not as interlopers but as assets, not as a drain on public resources but as a “source of national wealth and strength.” He expressed it this way:

While the demand for labor is thus increased here, tens of thousands of persons, destitute of remunerative occupation, are thronging our foreign consulates and offering to emigrate to the United States if essential, but very cheap, assistance can be afforded them. It is easy to see that, under the sharp discipline of civil war, the nation is beginning a new life. This noble effort demands the aid, and ought to receive the attention and support, of the government.


Summoning his full rhetorical power, Lincoln concluded his 1863 annual message with a resounding salute to the Army and Navy, “the gallant men, from commander to sentinel, who compose them”—many of them, he might have mentioned, foreign-­born—“and to whom, more than to others, the world must stand indebted for the home of freedom disenthralled, regenerated, enlarged and perpetuated.” The key words were “regenerated” and “enlarged.”

NOT A CLOSE RUN THING:

Donald Trump Meets the Supreme Court (PETER J WALLISON, FEB 1, 2024, Peter’s Substack)

This was a constitutional democracy protecting itself—in this case from a person or persons who are so untrustworthy that their oaths were worthless.

It happens that Section 3 applies to Mr. Trump, because he took an oath to support the Constitution when he was inaugurated as President in 2017, and violated that oath by attempting to overthrow the Constitution’s electoral principles in 2021. He does not even have to be convicted of that; he has already admitted that he tried to change the electoral rules in 2021, but argues that he was only doing what he was required to do as President. It is likely that the Supreme Court will find otherwise.

For the reasons stated earlier, Mr. Trump poses a particular risk for this country, and it is fortuitous that his case falls within the terms of a constitutional amendment that Congress enacted over 150 years ago to protect the United States against unscrupulous people who would violate their oaths to attain and hold power.

In my view, considering each of these elements, the Supreme Court will uphold this constitutional restriction by disqualifying Donald Trump.