34 Comments

Has anyone looked at the Fla. State Constitution to see whether or not the Governor has the constitutional power to mess with local school curricula? Seems to me that needs to be studied. I downloaded the Texas State Constitution, and NOWHERE could I find any legislative power to regulate pregnancy or childbirth!

Expand full comment

... and fetal "viability" is a MEDICAL determination, not a "legal" determination! So it cannot be arbitrarily legislated! Until the "Gang of Six" is impeached and removed from the US Supreme Court (highly unlikely), the "choice" fight must now be moved to state courts CREATIVELY litigating state law.

Expand full comment

... and forcing women to carry pregnancy to term and unassisted MANDATORY child-rearing for the next 20-25 years just COULD be a violation of the 13th Amendment outlawing "involuntary servitude," which is differentiated therein from "slavery"!

Expand full comment

Have to say, "Old Goats" has been an invaluable guide to "Democracy on Trial". It's not easy to be optimistic, but, indeed, accountability is mostly about outing the transgressions. And explaining the drama well, whether or not one agrees, is priceless. (And for everything else, there's Mastercard...)

Expand full comment

Thanks, Bear (Frank's nickname!)....Your basic frame--"Democracy on Trial"--is spot on.

Expand full comment

Judge Tanya Sue Chutkan went with the later date after arraignment today -- Aug. 28 at 10am.

Very significant that Judge Tanya Sue Chutkan already has decided, and told the magistrate to tell the parties, that she will set trial date next hearing. More frequently the judge will have a first hearing and then set schedule no earlier than second hearing, She’s focused on schedule.

Trump is guilty but if his lawyers are savvy enough to keep him out of jail, it will be a big win for him politically.

And endangered election 2024 / chance for Biden to reelected.

======

12.04pm: start from his mansion in Bedminster New Jersey

2.51pm: landed in Washington DC

3.19pm: arrives at Elijah Barrett Prettyman Jr. Federal Courthouse (333 Constitution Avenue N.W., Washington, D.C., U.S.)

Jack Smith is around 15ft away from Trump (the tables are 4ft wide). Look each other.

4.40pm: Trump pleads not guilty to federal conspiracy charges in plot to overturn 2020 election.

5.03pm: Trump's motorcade gets from the courthouse to DC airport in less than 10 minutes at rush hour.

5.12pm: Officers Harry Dunn, Aquilino Gonell, and Daniel Hodges leaving the courthouse.

5.24pm: Trump airplane to take off after waiting in line on tarmac

https://prada.substack.com/p/live-update-trump-arraignment-in

Expand full comment

With appeals that will extend far past the election, he won't go to jail or get community service in a soup kitchen (my preferred punishment) any time soon. But a conviction will hurt him in a general election whatever the base says (and many in it will think twice if ex-jurors are convincing about the evidence)...

Expand full comment

SIR Jonathan: What’s become so astonishing about the GOP is that their default position is just to lie brazenly, in a totally demonstrable way. Just make up a strawman and run with it. They all know they’re lying, we all know they’re lying, it’s clear they’re lying… and the dance continues.

Expand full comment

Clear. Persuasive. But it ain’t over until it’s over.

Expand full comment

Thanks, Monty...Agreed about uncertainty of outcome.

Expand full comment

Also, excellent work here with a pre-emptive takedown of the phony arguments already being dispensed by the Fox and Trump Propaganda Machine.

Expand full comment

Thanks, Brian

Expand full comment

At this point, if you are supporting Trump, you are an enemy of democracy and prefer a dictatorship.

Expand full comment

Trying to access the logic that exercising my right to vote is killing democracy.

Expand full comment

Who said that, Oscar? Even with a conviction, Trump will still be on the ballot and--barring an unlikely (though totally constitutional) 14th Amendment solution--you can vote for or against him.

Expand full comment

Maybe I misread you. But if lying while deliberately avoiding the truth is disqualifying, then who can you vote for if it’s Biden v. Trump?

Expand full comment

Trump's lies are infinitely worse than Biden's. Full stop.

Expand full comment

I'm willing to accept the argument that Trump lied more than Biden, just to keep the conversation going, but your "infinitely" is the reason that there is never any rational discussion on the topic. What is "infinitely" worse than (to name just two), inflation and the crisis at the border? Nuclear Armageddon, massive starvation, another Great Depression? Do mean tweets, obsessive narcissism warrant that level of hyperbole?

Expand full comment

Nice point Oscar! And things did go pretty smoothly when Trump was president, did they not? I support Trump's right to question the election and maybe with these trials some of the actual evidence of election fraud will be actually heard by a jury. I also support his efforts to find a legal way to delay the outcome, although they were clearly futile. People have the right to look for legal remedy.

I would also point out to the viewing audience, there is no such thing as fake electors. They were alternative electors incase an election result was thrown out and changed.

Expand full comment

The arguably "best" First-Amendment case ever decided by the Supreme Court (5-4) years ago was the case upholding (barely) the "right" of Larry Flynt to satirize Jerry Falwell in "Hustler" magazine by posing him having a drink of LIQUOR by a fireside and reminiscing about having had sex with his mother! I doubt the idiots in the "Gang of Six" would agree today. After all, it was decided 5-4 back then!

But, the Majority Opinion said it was an OBVIOUS satire of a public figure. No one would ever take such stuff seriously. So, the First Amendment protects (or should) false expressions about public figures that are obviously satirical, but it does NOT protect expressions INTENDED to defraud or hurt people, like falsely crying "Fire!" in a crowded theater. So, Donald Trump's "state of mind" is critical to the issue of whether or not his electioneering expressions are protected or not.

The First Amendment does not get truly tested by challenging noble speeches or fine art. It is best "tested" by expressions that are extreme, offensive and horrible to many--expressions that balance on the very edge of propriety. I like to say that the First Amendment guarantees the "right" to be offended. The "pecksniffs" need to get over themselves.

Personally, I am waiting until I see Trump in a jumpsuit matching the color of his skin!

Expand full comment

It is admittedly difficult to assert that Larry Flynt's mockery of Jerry Falwell was, in any way, only on the "edge of propriety." It was gross as Hell, but I thought it was FUNNY! I seriously doubt that Jerry ever had sex with his mom, but I will certainly laugh at the flaming outrageousness of the suggestion! THAT is called "satire," and THAT is exactly what ought to be protected by the First Amendment! The nastier the better!

HWE

Expand full comment

Good point, Watkins!

Expand full comment

It is difficult to have a rosy view of America's future when half of Congress is beholden to a con man who relies on his lizard brain for political advice. Until the American voter realizes that a slick con is not a political platform, there can be little hope. Godspeed, Rosie. You will need to start seeing, understanding, believing, and running quite soon.

Expand full comment

I hope she does run, JoAnne. She would be taking after my mother and her great-grandmother, Joanne Alter, the first woman elected in Cook County (in 1972).

Expand full comment

Thanks for weighing in and wishing Rosie Godspeed!

Expand full comment

By "running" I mean being active and aware.

Expand full comment

Jonathan, I think you know at this point that I’m half nitpicker, and half devil’s advocate, which means that I rarely wholeheartedly agree with any piece presented here. 😄. This piece is an exception. I agree 100%. The undertones of relief, optimism, and even glee, are not misplaced! It’s too early to celebrate, but I am greatly heartened by the turn of events. Cheers.

Expand full comment

100 percent! Thanks, Tom

Expand full comment

Thank you Mr Alter. That rise of hope you felt for your granddaughter's future, I felt for my son, who is - I think - a Millenial? I'm an older mother - I had him at 40, and I realize I won't see the world he and his generation inherits. Although I hope to make another 20-25 years. I hope they can solve the climate crisis. I'm feeling a tad better about America's future.

Expand full comment

Glad to hear it, Sharon. I’ve got Millennial kids too.

Expand full comment

In all my 82 years I never have been so fearful for our country, its values, its future, and our grandchildren. How did it come to this? For everyone who worries as I do, I hope the next election process finds us working the grass roots of our neighborhood, funding our nominee, and challenging those who threaten our democracy. You know who! Thanks, JA for your hopeful analysis.

Expand full comment

I appreciate it, Sheila. I’m looking for the fear to lift after Nov 2024.

Expand full comment

Voting for Trump is totally inconceivable to me. You’re exactly right, the election of 2024 will be a litmus test for many Republicans on their loyalty to democracy!

Expand full comment

Thanks, Anthony!

Expand full comment