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jan 6 insurrection
House Dem Launches Push to Overturn Supreme Court Immunity Ruling
"It is incumbent upon Congress to fix this problem, and with his proposed constitutional amendment, Rep. Joseph Morelle is taking the first step," said the head of one group backing the effort.
Jul 25, 2024
The top Democrat of the Committee on House Administration on Wednesday proposed an amendment to the U.S. Constitution that would reverse the Supreme Court's recent decision to grant presidents "absolute immunity" from criminal prosecution for "official acts."
Led by Chief Justice John Roberts, the court's right-wing members ruled in favor of former President Donald Trump, the GOP nominee for the November election, triggering a wave of warnings, including from liberal Justice Sonia Sotomayor, who wrote in her early July dissent that "the president is now a king above the law."
Congressman Joe Morelle (D-N.Y.) is leading the fight for an amendment to reverse that ruling. He said in a statement that the high court "undermined not just the foundation of our constitutional government, but the foundation of our democracy."
"At its core, our nation relies on the principle that no American stands above another in the eyes of the law," he continued. "I introduced this constitutional amendment to correct a grave error of this Supreme Court and protect our democracy by ensuring no president is ever above the law. The American people expect their leaders to be held to the same standards we hold for any member of our community. Presidents are not monarchy, they are not tyrants, and shall not be immune."
Morelle proposed an amendment that would make clear "there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual," and presidents may not pardon themselves.
"The Roberts Court, in a fit of neomonarchical enthusiasm for Donald Trump, has tried to lay out the red carpet for a lawless autocratic president."
The effort is backed by over 40 other House Democrats, including Rep. Jamie Raskin of Maryland, a constitutional law scholar.
"We must do everything in our power to reverse the Supreme Court's outrageous betrayal of more than two centuries of constitutional law in America," said Raskin. "Nothing has been more sacred to American constitutional jurisprudence than the idea that no one is above the law, but the Roberts Court, in a fit of neomonarchical enthusiasm for Donald Trump, has tried to lay out the red carpet for a lawless autocratic president."
"We should do everything we can in a statutory way to repair the damage," he argued, "but ultimately, this will require some kind of constitutional amendment to block a fundamental change in American constitutional and political culture."
Advocacy groups are also supporting Morelle's proposal and highlighting what the recent ruling could mean for the future.
"The Supreme Court's decision in Trump v. United States has imposed serious obstacles to holding Trump accountable for his role in the violence on January 6 and the attempt to stop the peaceful transfer of power," said Public Citizen co-president Lisa Gilbert. "As Justice Sotomayor wrote in her dissent, under the holding of Trump v. United States, a president could order the assassination of a rival, take a bribe for pardons, or order a military coup and—in each case—be immune from criminal liability."
"It is incumbent upon Congress to fix this problem, and with his proposed constitutional amendment, Rep. Joseph Morelle is taking the first step to right an obvious constitutional wrong," she continued. "By design, it's not easy to pass a constitutional amendment. But it can be done—and in this case, it must be done. Public Citizen strongly supports this amendment, and along with our allies in the Not Above the Law coalition are committed to ensuring its passage, to restore presidential accountability and basic democratic norms."
People for the American Way president and CEO Svante Myrick stressed that "big problems need big solutions, and the Supreme Court's ruling granting presidents unprecedented immunity is a big problem. Not just now, in the specific case involving Donald Trump, but in countless foreseeable and unforeseeable ways in the future."
"Our democracy is built on the principle that nobody is above the law," he added. "People For the American Way is proud to support this proposed amendment to strengthen and shore up that principle at this critical moment in our history."
Common Cause has also endorsed the effort. Virginia Kase Solomón, the group's president and CEO, called the court's decision "dangerous" and a departure from "what the framers intended."
"We thank Congressman Morelle for his leadership to uphold the rule of law and ensure accountability for all Americans, and we urge Congress to quickly pass this constitutional amendment," she said.
In the United States, constitutional amendments may be proposed either by Congress with two-thirds majority support in both chambers or by a constitutional convention called for by two-thirds of the state legislatures.
Although Morelle's proposal lacks the support it would need to get through Congress, it sends a clear signal to voters going into the November election, when control of both chambers is up for grabs and the American people will likely get to choose between Trump and Vice President Kamala Harris, the presumptive Democratic nominee.
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JD Vance—Who Once Called Trump 'America's Hitler'—Tapped for VP
The right-wing Ohio Republican, who opposes abortion rights and backed Trump's effort to overturn the 2020 election, is a former venture capitalist who portrays himself as a champion of the working class.
Jul 15, 2024
Former President Donald Trump on Monday chose U.S. Sen. JD Vance as his running mate despite the Ohio Republican formerly describing himself as a "Never Trump guy" and calling the presumptive GOP nominee an "idiot," an "asshole," and "America's Hitler."
Trump—who survived an assassination attempt at a Pennsylvania campaign rally on Saturday—announced his pick on the opening day of the Republican Party's convention in Wisconsin with apost on his Truth social media platform, calling Vance "the person best suited" to be vice president.
"JD honorably served our country in the Marine Corps, graduated from Ohio State University in two years, summa cum laude, and is a Yale Law School graduate, where he was the editor of the Yale Law Journal, and president of the Yale Law Veterans Association," Trump wrote. "JD's book, Hillbilly Elegy, became a major bestseller and movie, as it championed the hardworking men and women of our country."
Vance's selection came two days after the senator took to social media to assert that President Joe Biden's rhetoric—including the assertion that Trump "is an authoritarian fascist who must be stopped at all costs"—led "directly" to Trump's attempted assassination.
Should he accept his selection, Vance—who turns 40 next month—would be making a stark departure from his previous views on Trump.
"I'm a Never Trump guy," Vance said in a 2016 interview with the late Charlie Rose. "I never liked him."
"My God what an idiot," he said of Trump on social media that same year.
In another message explaining his views on the rise of Trump, Vance wrote that the Republican Party "has itself to blame."
"Trump is the fruit of the party's collective neglect" of working-class Americans, Vance argued. "I go back and forth between thinking Trump is a cynical asshole" like former President Richard Nixon "who wouldn't be that bad... or that he's America's Hitler."
Vance, who claims to be a champion of working people and against elites, is a former venture capitalist whose 2022 Senate campaign was backed by billionaires and who has ties to Big Pharma. He opposes reproductive and LGBTQ+ rights. He has complained about high gas prices while raking in Big Oil campaign contributions. He says that Project 2025—a conservative coalition's agenda for a far-right takeover of the federal government—has some "good ideas" in it. He has fundraised for January 6 insurrectionists. He blamed the Robb Elementary School massacre in Uvalde, Texas on "fatherlessness." He wants to ban pornography.
"As Trump's running mate, Vance will make it his mission to enact Trump's Project 2025 agenda at the expense of American families," Jen O'Malley Dillion, chair of the Biden-Harris reelection campaign, said in response to Trump's pick. "This is someone who supports banning abortion nationwide while criticizing exceptions for rape and incest survivors; railed against the Affordable Care Act, including its protections for millions with preexisting conditions; and has admitted he wouldn't have certified the free and fair election in 2020."
"Billionaires and corporations are literally rooting for JD Vance: They know he and Trump will cut their taxes and send prices skyrocketing for everyone else," she added.
The Democratic National Committee (DNC) responded to Vance's selection in a statement asserting that "this is the most consequential election of our lifetimes, and with Donald Trump's decision today to add JD Vance to the Republican ticket, the stakes of this election just got even higher."
"JD Vance embodies MAGA—with an out-of-touch extreme agenda and plans to help Trump force his Project 2025 agenda on the American people," the DNC continued. "Vance has championed and enabled Trump's worst policies for years—from a national abortion ban, to whitewashing January 6, to railing against Social Security and Medicare."
"Let's be clear: A Trump-Vance ticket would undermine our democracy, our freedoms, and our future," the DNC added.
Maurice Mitchell, national director of the Working Families Party, said in a statement that "Donald Trump just made clear that his calls for unity were hot air, and that he plans to double-down on his extremist agenda and sow further division."
"JD Vance has called for a national abortion ban and denied the results of the 2020 election," Mitchell added. "He's bankrolled by the same billionaire CEOs who are raising prices while slashing wages for working people. All of us who believe in a future where people can live safely and freely must come together to defeat Trump and Vance in November."
Food & Water Watch Action deputy director Mitch Jones said: "Just like Trump himself, JD Vance is a fossil fuel backer and climate change denier that poses a serious risk to public health and our environment. Among the countless reasons that Trump and Vance shouldn't be elected to lead our country, the duo represent an existential threat to a livable climate future for all Americans and people around the globe."
"For the sake of our planet and the wellbeing of current and future generations, it is critical that sensible people of all stripes come together to ensure that Trump and Vance are defeated in November," he added.
Alliance for Retired Americans executive director Richard Fiesta argued that Vance "locks in place a ticket that endangers the things that retirees care about the most: the protection and expansion of their earned Social Security and Medicare benefits."
"As a member of the U.S. Senate in 2023 and 2024, Sen. Vance earned just a 13% lifetime Pro-Retiree Score in the Alliance for Retired Congressional Americans Voting Record for his votes on important senior issues," Fiesta noted.
"Donald Trump has long acknowledged he would be open to slashing Medicare and Social Security spending in a second term as president, and Sen. Vance also supports cutting those benefits," he added. "The selection of Sen. Vance as his running mate is another major step in that direction."
Ultimately, critics contend, Trump chose Vance for the one thing many say the former president values most: loyalty. Vance has said he would have supported Trump's efforts to subvert the 2020 presidential election.
"Vance stands for nothing but gaining power," said former Labor Secretary Robert Reich. "Trump picked him for vice president because he has publicly said he'd do what [former Vice President] Mike Pence refused to do—overturn democracy to place America under MAGA control."
"A Vice President Vance is one more reason why a second Trump term would be far more dangerous than the first," Reich warned.
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Ocasio-Cortez Unveils Articles of Impeachment Against Alito, Thomas
"Congress has a legal, moral, and democratic obligation to impeach," said the New York Democrat.
Jul 10, 2024
U.S. Rep. Alexandria Ocasio-Cortez on Wednesday introduced articles of impeachment against Supreme Court Justices Samuel Alito and Clarence Thomas, citing "widely documented financial and personal entanglements" that have sparked a full-blown ethics crisis on the nation's highest judicial body.
"The unchecked corruption crisis on the Supreme Court has now spiraled into a constitutional crisis threatening American democracy writ large," Ocasio-Cortez (D-N.Y.) said in a statement, arguing that their refusal to recuse from key cases in which they had glaring financial and personal conflicts of interest "constitutes a grave threat to American rule of law, the integrity of our democracy, and one of the clearest cases for which the tool of impeachment was designed."
The impeachment articles against Thomas accuse the justice of "failure to disclose financial income, gifts and reimbursements, property interests, liabilities, and transactions, among other information," as well as refusal to recuse from matters concerning his spouse's legal and financial interest in cases before the court.
The Alito articles accuse the justice of "refusal to recuse from cases in which he had a personal bias or prejudice concerning a party in cases before the court" and "failure to disclose financial income, gifts and reimbursements, property interests, liabilities, and transactions, among other information."
"Justice Thomas and Alito's repeated failure over decades to disclose that they received millions of dollars in gifts from individuals with business before the court is explicitly against the law," said the New York Democrat. "And their refusal to recuse from the specific matters and cases before the court in which their benefactors and spouses are implicated represents nothing less than a constitutional crisis. These failures alone would amount to a deep transgression worthy of standard removal in any lower court, and would disqualify any nominee to the highest court from confirmation in the first place."
Today, I introduced articles of impeachment against Supreme Court Justices Clarence Thomas and Samuel Alito.
Read my full statement: https://t.co/is5EiLXw56 pic.twitter.com/AGGZhuZUm4
— Rep. Alexandria Ocasio-Cortez (@RepAOC) July 10, 2024
Ocasio-Cortez argued that "Congress has a legal, moral, and democratic obligation to impeach," a statement that reflects widespread alarm over the Supreme Court's ruling last week that current and former U.S. presidents are entitled to sweeping immunity for actions that fall within the scope of their official capacities.
Both Thomas and Alito faced—and rejected—calls to recuse from the case, titled Trump v. United States.
Demands for Alito's recusal came in the wake of news that two flags associated with the January 6, 2021 insurrection were flown at his family's properties in Virginia and New Jersey. Alito blamed his wife for the flags and dismissed calls to step away from the case as baseless.
Thomas, for his part, faced calls to recuse due to his wife's role in efforts to overturn President Joe Biden's 2020 election win.
Additionally, Alito and Thomas have been the focus of recent ProPublicareporting detailing the extent to which both justices have accepted vacations and other undisclosed gifts from right-wing billionaires with interests before the court.
In response to the corruption crisis, the Supreme Court late last year unveiled an ethics code with no enforcement mechanisms—further showing to critics that the justices could not be trusted to police themselves.
"Given the court's demonstrated inability to preserve its own legitimate conduct," Ocasio-Cortez said Wednesday, "it is incumbent upon Congress to contain the threat this poses to our democracy and the hundreds of millions of Americans harmed by the crisis of corruption unfurling within the court."
Only one Supreme Court justice has been successfully impeached in U.S. history, and Ocasio-Cortez's articles have no chance of getting through the Republican-controlled House of Representatives.
Advocates nevertheless celebrated the impeachment effort as a necessary step toward reining in the high court.
"The framers of our Constitution called on Congress specifically to hold judicial officers, including Supreme Court justices, accountable for high crimes and misdemeanors that compromise the integrity of the court," Courtney Hostetler, legal director at Free Speech For People, said in a statement. "We're proud to have worked with Rep. Ocasio-Cortez's office to help draft these articles and further the process of restoring the Supreme Court to a nonpartisan branch of the federal government."
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