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Fiendish Thingy

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Member since: Mon Sep 6, 2004, 12:00 PM
Number of posts: 13,777

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Have any of those arrested in Portland been arraigned/indicted yet?

I’ve read that 18 protestors were arrested and are still in custody pending arraignment on federal charges including failure to disperse and destruction of property.

I ask this because:

1) In order to file charges, doesn’t there have to be a report from the arresting officer? That officer would have to be named, as would any other officers listed as witnesses or assisting in the arrest.

2) the arrest and court records would available to the public, would they not?

3) the leak of the memo from Chad stating his troops are not trained In crowd control could be used as a Defense.

4) the fact that as acting director of DHS, Chad’s term has exceeded the 210 day limit prescribed by law - so, wouldn’t he have no authority to direct his stormtroopers, and thus their presence would be unlawful?

We will soon see if there is any serious attempt at using the courts to prosecute protestors, in which case, I think the People will gain the upper hand.
Posted by Fiendish Thingy | Sat Jul 25, 2020, 03:40 PM (13 replies)

Adam Schiff details the essential steps to repairing government institutions post-Trump

He’s got my vote for Speaker once Pelosi retires in 2022.
Posted by Fiendish Thingy | Sat Jul 18, 2020, 05:08 PM (4 replies)

The CT that has been posted over the weekend is that Trump will challenge the popular vote

In several swing states, and that the republican legislatures will refuse to certify the electors, but, as has been noted, it doesn’t work that way in many/most states.

The CT also stipulates that Trump will declare a state of emergency due to the “fraud” in order for the DOJ to investigate/interfere with the SOS certification of popular vote tallies, which trigger the appointment of electors in many places, in the hopes of throwing the election to the House, where each state gets one vote.

While Trump/Barr may attempt such a strategy, I doubt it has much chance of succeeding. For one, the streets would fill with protestors who would make recent marches look like picnics, and this uncertainty would also cause the markets to crash. Trump/Barr would only have about 5weeks to interfere with the appointment of electors in the four states the CT claims would be challenged, which the CT claims would prevent either candidate from getting to 270, and throw the election to the house.

Not so fast.

The 12th amendment states:
The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.

So on January 10 (IIRC), the new Congress unseals and counts the ballots from electors who were appointed and cast their ballots on Dec. 14. The winner is whoever has a majority of electoral votes among the those votes sent to the House for certification. The only time it goes to the house is if there is a tie, or if 3 or more candidates split the electors and none have a majority. With a two way election, that is not mathematically possible (maybe that’s why Kanye declared his candidacy )
Trump could block the appointment of electors in all 50 states, and the 3 from DC would then decide the election.
Posted by Fiendish Thingy | Mon Jul 6, 2020, 11:18 AM (2 replies)
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