Donald is about to go through some things...

[One Brow]

Congress did a lot of shady things prior to the Supreme Court slapping them down in Powell v. McCormack in 1969. There are some in Congress who like to pretend they still have the power to do things without courts, including whoever authored your linked memo posted to congress.gov. It was only a couple years ago that Nancy Pelosi claimed she had the power to do such a thing when she said "If I wanted to be unfair, I wouldn’t have seated the Republican from Iowa because that was my right on the opening day. I would have just said, you’re not seated, and that would have been my right as Speaker to do so", but that isn't how the law works. Congress does not have that power. They are going to need a guilty verdict from the courts.

Powell vs. McCormack specifically excludes the 14th Amendment from its umbrella in footnote 41.

In addition to the three qualifications set forth in Art. I, § 2, Art. I, § 3, cl. 7, authorizes the disqualification of any person convicted in an impeachment proceeding from "any Office of honor, Trust or Profit under the United States"; Art. I, § 6, cl. 2, provides that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office", and § 3 of the 14th Amendment disqualifies any person


"who, having previously taken an oath . . . 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."


It has been argued that each of these provisions, as well as the Guarantee Clause of Article IV and the oath requirement of Art. VI, cl. 3, is no less a "qualification" within the meaning of Art. I, § 5, than those set forth in Art. I, § 2. Dionisopoulos, A Commentary on the Constitutional Issues in the Powell and Related Cases, 17 J.Pub.L. 103, 111-115 (1968). We need not reach this question, however, since both sides agree that Powell was not ineligible under any of these provisions.

Any other sources?

 

[Al-O-Meter]

Powell vs. McCormack specifically excludes the 14th Amendment from its umbrella in footnote 41.

Trump is also not a member of Congress and so this court case would not apply, however the broader idea that Congress cannot make up its own rules on the fly will apply. One thing that Congress does not have is the unilateral power to determine what is and is not considered an insurrection. There is no definition in the 14th Amendment. Instead the definition for what is or is not an insurrection is in 18 U.S. Code § 2383, and the entity that gets to make the determination on someone having violated 18 U.S. Code § 2383 to then trigger the 14th Amendment is a Federal court of law. Like it or not, Trump will get his day in court.

 

[One Brow]

Trump is also not a member of Congress and so this court case would not apply, however the broader idea that Congress cannot make up its own rules on the fly will apply. One thing that Congress does not have is the unilateral power to determine what is and is not considered an insurrection. There is no definition in the 14th Amendment. Instead the definition for what is or is not an insurrection is in 18 U.S. Code § 2383, and the entity that gets to make the determination on someone having violated 18 U.S. Code § 2383 to then trigger the 14th Amendment is a Federal court of law. Like it or not, Trump will get his day in court.

So, Congress (or someone else) would sue, and the court would decide. Since you did not mention the requirement of "guilty", I agree.

 

[Al-O-Meter]

Republicans: we want a special counsel to investigate Hunter Biden. We want that special counsel to be David Weiss.

Merrick Garland: ok I will appoint a special counsel and it will be David Weiss.

Republicans: that's not fair! The system is rigged against conservatives!

The change is because new information came out in testimony from an FBI whistleblower behind closed doors in front of the House Oversight Committee regarding Weiss' handling of the investigation. Before the testimony, it was understood that Weiss' investigation was being frustrated by the DOJ. That was when there were calls to let Weiss do his thing. After the testimony it became clear that Weiss was leaking plans in advance to the DOJ so they could put in place pieces to frustrate those plans. When it became clear that Weiss was part of the problem then many changed their tune on wanting Weiss' involvement. Crazy, right?!? Getting new information and minds changing?

 

[fishonjazz]

The change is because new information came out in testimony from an FBI whistleblower behind closed doors in front of the House Oversight Committee regarding Weiss' handling of the investigation. Before the testimony, it was understood that Weiss' investigation was being frustrated by the DOJ. That was when there were calls to let Weiss do his thing. After the testimony it became clear that Weiss was leaking plans in advance to the DOJ so they could put in place pieces to frustrate those plans. When it became clear that Weiss was part of the problem then many changed their tune on wanting Weiss' involvement. Crazy, right?!? Getting new information and minds changing?

Also in the post you quoted it mentioned how many republican actually think this is all awesome in private. But in public they have to keep to the story of the DOJ being weaponized against conservatives and act all butthurt about it. Gotta follow the playbook.

 

[Al-O-Meter]

Also in the post you quoted it mentioned how many republican actually think this is all awesome in private. But in public they have to keep to the story of the DOJ being weaponized against conservatives and act all butthurt about it. Gotta follow the playbook.

Anyone from the GOP who thinks this is awesome is an idiot. What Merrick Garland did was stop the Congressional investigation into corruption of the DOJ. The FBI whistleblower divulged corruption between Weiss and the DOJ. The next step would have been to call Weiss before the House Oversight Committee to get him to testify under oath about exactly what he did. By making Weiss now a Special Council, he is now entitled to respond to any investigation-related question with "I cannot comment on this as it is an active investigation". Merrick Garland didn't do this to help the truth come out. He did it to stop the truth from coming out.

 

[fishonjazz]

Anyone from the GOP who thinks this is awesome is an idiot. What Merrick Garland did was stop the Congressional investigation into corruption of the DOJ. The FBI whistleblower divulged corruption between Weiss and the DOJ. The next step would have been to call Weiss before the House Oversight Committee to get him to testify under oath about exactly what he did. By making Weiss now a Special Council, he is now entitled to respond to any investigation-related question with "I cannot comment on this as it is an active investigation". Merrick Garland didn't do this to help the truth come out. He did it to stop the truth from coming out.

Well ya, this is what happens when you never take off your tin foil hat.

 

[str8line]

Time for a gag order:

Trump jabs at judge in election case, testing warning against ‘inflammatory’ statements

Overnight, Trump called Chutkan ‘biased and unfair’ for comments during 2022 sentencing of Jan. 6 defendant.

www.politico.com

 

[One Brow]

The change is because new information came out in testimony from an FBI whistleblower behind closed doors in front of the House Oversight Committee regarding Weiss' handling of the investigation. Before the testimony, it was understood that Weiss' investigation was being frustrated by the DOJ. That was when there were calls to let Weiss do his thing. After the testimony it became clear that Weiss was leaking plans in advance to the DOJ so they could put in place pieces to frustrate those plans. When it became clear that Weiss was part of the problem then many changed their tune on wanting Weiss' involvement. Crazy, right?!? Getting new information and minds changing?

This testimony?

https://oversight.house.gov/wp-content/uploads/2023/08/FBI-SSA-Transcribed-Interview-Transcript.pdf

Could you point out where the former FBI agent said "Weiss was leaking plans in advance to the DOJ so they could put in place pieces to frustrate those plans", or the equivalent?

 

[Al-O-Meter]

Time for a gag order:

Trump jabs at judge in election case, testing warning against ‘inflammatory’ statements

Overnight, Trump called Chutkan ‘biased and unfair’ for comments during 2022 sentencing of Jan. 6 defendant.

www.politico.com

Trump is already under a pseudo-gag order. As a condition of not being in custody, he is forbidden from harassing "officers of the court". He's clearly violated that. What is Judge Chutkan going to do? Nothing. She is going to do nothing. She is going to look the other way and pretend it didn't happen, so is Special Council Jack Smith other than making noise in the media. This is all a show and Trump going to jail now in August isn't in the script.

 

[Al-O-Meter]

This testimony?

https://oversight.house.gov/wp-content/uploads/2023/08/FBI-SSA-Transcribed-Interview-Transcript.pdf

Could you point out where the former FBI agent said "Weiss was leaking plans in advance to the DOJ so they could put in place pieces to frustrate those plans", or the equivalent?

"IRS whistleblower Gary Shapley’s testimony that Secret Service headquarters and the Biden transition team were tipped off is confirmed by a former FBI agent. Shapley and the FBI agent planned to interview Hunter Biden in December 2020, but learned the night before that the Biden transition team was tipped off.'

Comer Releases Former FBI Supervisory Special Agent’s Transcribed Interview Transcript - United States House Committee on Oversight and Government Reform

United States House Committee on Oversight and Government Reform

oversight.house.gov

 

[One Brow]

"IRS whistleblower Gary Shapley’s testimony that Secret Service headquarters and the Biden transition team were tipped off is confirmed by a former FBI agent. Shapley and the FBI agent planned to interview Hunter Biden in December 2020, but learned the night before that the Biden transition team was tipped off.'

Comer Releases Former FBI Supervisory Special Agent’s Transcribed Interview Transcript - United States House Committee on Oversight and Government Reform

United States House Committee on Oversight and Government Reform

oversight.house.gov

So, it needed to be coordinated through the Secret Service, and not for the purpose of putting "in place pieces to frustrate those plans". Thank you for walking back what you said.