Warm Southern Breeze

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Mitch McConnell: Acquittal Vindicated the Constitution, Not Trump

Posted by Warm Southern Breeze on Tuesday, February 16, 2021

U.S. Supreme Court Associate Justice Joseph Story (1779-1845), Daguerreotype portrait by Matthew Brady’s Studio c.1844/45

Joseph Story (1779-1845) was an Associate Justice of the Supreme Court of the United States, nominated by President James Madison, who served in office from February 3, 1812 until September 10, 1845.

He was also: Republican Congressman from Massachusetts, 1808-1809; Associate Justice of the Supreme Court of the United States, 1811-1845; Acting Chief Justice, 1835-1836, 1844; Professor of Law Harvard University 1829-1845.

He is perhaps most renown for his work “Commentaries On The Constitution of the United States” which was first published in 1833, though he authored several other books on the law, and Constitution.

The United States Constitution states in part as follows:

Article I, Section 3, Clause 7:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article II, Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Justice Story wrote about the matter of impeachment at great length, and in part wrote that:

§393. It is obvious, that, upon trials on impeachments, one of two courses must be adopted in case of a conviction; either for the court to proceed to pronounce a full and complete sentence of punishment for the offence according to the law of the land in like cases, pending in the common tribunals of justice, superadding the removal from office, and the consequent disabilities; or, to confine its sentence to the removal from office and other disabilities. If the former duty be a part of the constitutional functions of the court, then, in case of an acquittal, there cannot be another trial of the party for the same offence in the common tribunals of justice, because it is repugnant to the whole theory of the common law, that a man should be brought into jeopardy of life or limb more than once for the same offence. A plea of acquittal is, therefore, an absolute bar against any second prosecution for the same offence. If the court of impeachments is merely to pronounce a sentence of removal from office and the other disabilities; then it is indispensable, that provision should be made, that the common tribunals of justice should be at liberty to entertain jurisdiction of the offence, for the purpose of inflicting the common punishment applicable to unofficial offenders. Otherwise, it might be matter of extreme doubt, whether, consistently with the great maxim above mentioned, established for the security of the life and limbs and liberty of the citizen, a second trial for the same offence could be had, either after an acquittal, or a conviction in the court of impeachments. And if no such second trial could be had, then the grossest official offenders might escape without any substantial punishment, even for crimes, which would subject their fellow citizens to capital punishment. [emphasis added]

§394. The constitution, then, having provided, that judgment upon impeachments shall not extend further, than to removal from office, and disqualification to hold office, (which, however afflictive to an ambitious and elevated mind, would be scarcely felt, as a punishment, by the profligate and the base,) has wisely subjected the party to trial in the common criminal tribunals, for the purpose of receiving such punishment, as ordinarily belongs to the offence. Thus, for instance, treason, which by our laws is a capital offence, may receive its appropriate punishment ; and bribery in high officers, which otherwise would be a mere disqualification from office, may have the measure of its infamy dealt out to it with the same unsparing severity, which attends upon other and humbler offenders.

Joseph Story, “Commentaries On The Constitution of the United States” §393, §394, p278-280, Book III, chapter X; 1833

How the cowardly, weasel-like jellyfish of a man “Moscow Mitch, the Bitch” McConnell could POSSIBLY use the word “vindicate” in reference to the United States Constitution is beyond the scope of imagination – however derelict and perverted it may be – and it is definitely most perverted.

McConnell wrote “Our job wasn’t to find some way, any way, to inflict a punishment. The Senate’s first and foundational duty was to protect the Constitution.” -and- that “The text is unclear” about impeachment, whether “the Senate can try and convict former officers.”

McConnell had also earlier written a “dear colleague” letter to his fellow Banana Republicans in the Senate, in which he wrote in pertinent part that “I am persuaded that impeachments are a tool primarily of removal…”

His mind is like concrete – thoroughly mixed, and permanently set.

The cases of Tennessee United States Senator William Blount – impeached July 7, 1797, on charges of conspiring to assist in Great Britain’s attempt to seize Spanish-controlled territories in modern-day Florida and Louisiana, tried December 17, 1798–January 14, 1799 – and Ulysses Grant’s Secretary of War William Belknap – who tendered his resignation March 2, 1876 only moments before the House impeached him, was tried March 3–August 1, 1876 – demonstrate very clearly that officials may be tried on impeachment charges after they’re out of office. Or else, it completely absolves any official of any responsibility for any act of criminal wrong-doing while in office. It is the intellectual and moral equivalent of saying “so-and-so doesn’t live in Texas anymore, and moved to Minnesota 10 years ago, so s/he can’t be tried for murder or any crimes committed while residing in Texas.”

To assert as much is so absurdly preposterous that it defies imagination.

It’s an ethically reprehensible, morally wrong and judiciously untenable to deny anyone – including society – justice. And that is, in effect, what has happened with Donald Trump; society has been denied justice for the reprehensible, morally repugnant, and outright illegal acts of Donald Trump while in office as the President.

McConnell claims that Trump can be tried in other courts, and cites Justice Story’s writing that:

“There is also much force in the remark, that an impeachment is a proceeding purely of a political nature. It is not so much designed to punish an offender, as to secure the state against gross official misdemeanors. It touches neither his person, nor his property ; but simply divests him of his political capacity.” –– §406, chapter X, book III, p289

“And the final judgment is confined to a removal from, and disqualification for, office ; thus limiting the punishment to such modes of redress, as are peculiarly fit for a political tribunal to administer, and as will secure the public against political injuries. In other respects the offence is left to be disposed of by the common tribunals of justice, accord- ing to the laws of the land, upon an indictment found by a grand jury, and a trial by jury of peers, before whom the party is to stand for his final deliverance, like his fellow citizens.” –– §407, chapter X, book III, p290

But, rest assured: Trump is completely free and clear of any charges related to impeachment. However, there are other charges at the state level which he may face for things he did while in office, including most notably, attempting to persuade Georgia Secretary of State Brad Raffensberger to manipulate the results of the election in that state to throw the election to Trump’s favor. The Fulton County District Attorney, and Georgia State Attorney General are investigating that matter.

And just to be utterly and absolutely certain, the word “vindicate” is defined as meaning:

1. To clear of accusation, blame, suspicion, or doubt with supporting arguments or proof: “Our society permits people to sue for libel so that they may vindicate their reputations” (Irving R. Kaufman).
2. To defend, maintain, or insist on the recognition of (one’s rights, for example).
3. To demonstrate or prove the value or validity of; justify: The results of the experiment vindicated her optimism.
4. Obsolete To exact revenge for; avenge.
(American Heritage® Dictionary of the English Language, Fifth Edition.)

1. to clear from guilt, accusation, blame, etc, as by evidence or argument
2. to provide justification for: his promotion vindicated his unconventional attitude.
3. to uphold, maintain, or defend (a cause, etc): to vindicate a claim.
4. (Law) Roman law to bring an action to regain possession of (property) under claim of legal title
5. (Historical Terms) Roman law to bring an action to regain possession of (property) under claim of legal title
6. rare to claim, as for oneself or another
7. obsolete to take revenge on or for; punish
8. obsolete to set free
(Collins English Dictionary – Complete and Unabridged, 12th Edition 2014)
1. to clear, as from an accusation or suspicion: to vindicate someone’s honor.
2. to afford justification for; justify.
3. to uphold or justify by argument or evidence.
4. to maintain or defend against opposition.
5. to claim for oneself or another.
6. Obs. to avenge.
7. Obs. to free.
8. Obs. to punish.
(Random House Kernerman Webster’s College Dictionary, © 2010)

“Moscow Mitch, the Bitch” McConnell is a Banana Republican from Kentucky, Senate Minority Leader, the biggest weasel in Washington, D.C., and an ardent, though oblique, supporter of the Cult of Trump.


Acquittal Vindicated the Constitution, Not Trump

wsj.com
Sunday, February 14, 2021
by Mitch McConnell

January 6 was a shameful day. A mob bloodied law enforcement and besieged the first branch of government. American citizens tried to use terrorism to stop a democratic proceeding they disliked.

There is no question former President Trump bears moral responsibility. His supporters stormed the Capitol because of the unhinged falsehoods he shouted into the world’s largest megaphone. His behavior during and after the chaos was also unconscionable, from attacking Vice President Mike Pence during the riot to praising the criminals after it ended.

President-elect Donald Trump leaves a meeting with Republican Senate Majority Leader Mitch McConnell of Kentucky, at the U.S. Capitol November 10, 2016 in Washington, DC Zach Gibson/Getty Images

I was as outraged as any member of Congress. But senators take our own oaths. Our job wasn’t to find some way, any way, to inflict a punishment. The Senate’s first and foundational duty was to protect the Constitution.

Some brilliant scholars believe Read the rest of this entry »

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Impeachment v2.0 Day 5: We’re through now. Verdict: Not guilty by reason of insanity or mental defect.

Posted by Warm Southern Breeze on Sunday, February 14, 2021

The United States Senate voted largely along party lines Saturday, 13 February 2021 to NOT CONVICT the former President of the United States, Donald J. Trump of the charge of inciting insurrection.

Republican Senator Richard Burr of North Carolina joined Republican Senators Mitt Romney of Utah, Bill Cassidy of Louisiana, Susan Collins of Maine, Lisa Murkowski of Alaska, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania, and all 50 Democrats in voting GUILTY to convict. But, 57 votes was 10 shy of the 2/3 required by the Constitution in order to convict.

The Senate Minority Leader Moscow Mitch McConnell had the temerity, audacity and unmitigated gall to actually give a brief speech on the Senate floor following his “NOT GUILTY” vote for Donald J. “Loser” Trump, which follows at the conclusion of this entry.

Feb 13 59 (57-43) Not Guilty Guilty or Not Guilty H.Res. 24

The Roll Call vote by member may be found here:
https://www.cop.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=117&session=1&vote=00059

This

Valentine’s Day “We love you Donald” edition

is brought to you by:

Senate Minority Leader “Moscow Mitch” McConnell who wrote email to his Senate minions saying,

“Colleagues, as I have said for some time, today’s vote is a vote of conscience and I know we will all treat it as such. I have been asked directly by a number of you how I intend to vote, so thought it right to make that known prior to the final vote. While a close call, I am persuaded that impeachments are a tool primarily of removal and we therefore lack jurisdiction. The Constitution makes perfectly clear that Presidential criminal misconduct while in office can be prosecuted after the President has left office, which in my view alleviates the otherwise troubling ‘January exception’ argument raised by the House.

“Given these conclusions, I will vote to acquit.

“Mitch”

Yeah… that Kentucky heathen not only voted to acquit the POS45, aka Liar in Chief, leader of the Cult of Trump, but passed the buck.

Not guilty, not guilty 2x, guilty. Alcee Hastings was impeached and found guilty of on charges of perjury and conspiring to solicit a bribe, and was removed from office as a Federal judge in 1989. He’s been a United States Representative for Florida’s 20th Congressional District since 1993.

Here’s the thing, though: For a man who claims to have an interest in historicity for the purpose of the Senate, he is DEAD WRONG about his opinion that, as he writes, “I am persuaded that impeachments are a tool primarily of removal…”

  As a matter of history, there has been of late at least a moderate amount of discussion and news made about an historical matter involving circumstances very similar to this one (in which the impeached individual is no longer in office), insofar as the two individuals impeached had ALREADY been resigned from, or otherwise out of office when their impeachment occurred.

Concerning the historical record, the FIRST impeached Federal official was Read the rest of this entry »

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Reasons to Oppose Common Core from the Left & Right

Posted by Warm Southern Breeze on Monday, August 11, 2014

Once, I supported Common Core.

Now, I do not.

Read on to understand why.

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Everything you need to know about Common Core — Ravitch

January 18, 2014

http://www.washingtonpost.com/blogs/answer-sheet/wp/2014/01/18/everything-you-need-to-know-about-common-core-ravitch/

Diane Ravitch, the education historian who has become the leader of the movement against corporate-influenced school reform, gave this speech to the Modern Language Association on Jan. 11 about the past, present and future of the Common Core State Standards.

Here’s her speech:

As an organization of teachers and scholars devoted to the study of language and literature, MLA should be deeply involved in the debate about the Common Core standards.

The Common Core standards were developed in 2009 and released in 2010. Within a matter of months, they had been endorsed by 45 states and the District of Columbia. At present, publishers are aligning their materials with the Common Core, technology companies are creating software and curriculum aligned with the Common Core, and two federally-funded consortia have created online tests of the Common Core.

What are the Common Core standards? Who produced them? Why are they controversial? How did their adoption happen so quickly?

As scholars of the humanities, you are well aware that every historical event is subject to interpretation. There are different ways to answer the questions I just posed. Originally, this session was designed to be a discussion between me and David Coleman, who is generally acknowledged as the architect of the Common Core standards. Some months ago, we both agreed on the date and format. But Mr. Coleman, now president of the College Board, discovered that he had a conflicting meeting and could not be here.

So, unfortunately, you will hear only my narrative, not his, which would be quite different. I have no doubt that you will have no difficulty getting access to his version of the narrative, which is the same as Secretary Arne Duncan’s.

He would tell you that the standards were created by the states, that they were widely and quickly embraced because so many educators wanted common standards for teaching language, literature, and mathematics. But he would not be able to explain why so many educators and parents are now opposed to the standards and are reacting angrily to the testing that accompanies them.

I will try to do that.

I will begin by setting the context for the development of the standards.

They arrive at a time when American public education and its teachers are under attack. Never have public schools been as subject to upheaval, assault, and chaos as they are today. Unlike modern corporations, which extol creative disruption, schools need stability, not constant turnover and change. Yet for the past dozen years, ill-advised federal and state policies have rained down on students, teachers, principals, and schools.

George W. Bush’s No Child Left Behind and Barack Obama’s Race to the Top have combined to impose a punitive regime of standardized testing on the schools. NCLB was passed by Congress in 2001 and signed into law in 2002. NCLB law required schools to test every child in grades 3-8 every year; by 2014, said the law, every child must be “proficient” or schools would face escalating sanctions. The ultimate sanction for failure to raise test scores was firing the staff and closing the school.

Because the stakes were so high, NCLB encouraged teachers to teach to the test. In many schools, the curriculum was narrowed; the only subjects that mattered were reading and mathematics. What was not tested—the arts, history, civics, literature, geography, science, physical education—didn’t count. Some states, like New York, gamed the system by dropping the passing mark each year, giving the impression that its students were making phenomenal progress when they were not. Some districts, like Atlanta, El Paso, and the District of Columbia, were caught up in cheating scandals. In response to this relentless pressure, test scores rose, but not as much as they had before the adoption of NCLB.

Then along came the Obama administration, with its signature program called Race to the Top. In response to the economic crisis of 2008, Congress gave the U.S. Department of Education $5 billion to promote “reform.” Secretary Duncan launched a competition for states called “Race to the Top.” If states wanted any part of that money, they had to agree to certain conditions. They had to agree to evaluate teachers to a significant degree by the rise or fall of their students’ test scores; they had to agree to increase the number of privately managed charter schools; they had to agree to adopt “college and career ready standards,” which were understood to be the not-yet-finished Common Core standards; they had to agree to “turnaround” low-performing schools by such tactics as firing the principal and part or all of the school staff; and they had to agree to collect unprecedented amounts of personally identifiable information about every student and store it in a data warehouse. It became an article of faith in Washington and in state capitols, with the help of propagandistic films like “Waiting for Superman,” that if students had low scores, it must be the fault of bad teachers. Poverty, we heard again and again from people like Bill Gates, Joel Klein, and Michelle Rhee, was just an excuse for bad teachers, who should be fired without delay or due process.

These two federal programs, which both rely heavily on standardized testing, has produced a massive demoralization of educators; an unprecedented exodus of experienced educators, who were replaced in many districts by young, inexperienced, low-wage teachers; the closure of many public schools, especially in poor and minority districts; the opening of thousands of privately managed charters; an increase in low-quality for-profit charter schools and low-quality online charter schools; a widespread attack on teachers’ due process rights and collective bargaining rights; the near-collapse of public education in urban districts like Detroit and Philadelphia, as public schools are replaced by privately managed charter schools; a burgeoning educational-industrial complex of testing corporations, charter chains, and technology companies that view public education as an emerging market. Hedge funds, entrepreneurs, and real estate investment corporations invest enthusiastically in this emerging market, encouraged by federal tax credits, lavish fees, and the prospect of huge profits from taxpayer dollars. Celebrities, tennis stars, basketball stars, and football stars are opening their own name-brand schools with public dollars, even though they know nothing about education.

No other nation in the world has inflicted so many changes or imposed so many mandates on its teachers and public schools as we have in the past dozen years. No other nation tests every student every year as we do. Our students are the most over-tested in the world. No other nation—at least no high-performing nation—judges the quality of teachers by the test scores of their students. Most researchers agree that this methodology is fundamentally flawed, that it is inaccurate, unreliable, and unstable, that the highest ratings will go to teachers with the most affluent students and the lowest ratings will go to teachers of English learners, teachers of students with disabilities, and teachers in high-poverty schools. Nonetheless, the U.S. Department of Education wants every state and every district to do it. Because of these federal programs, our schools have become obsessed with standardized testing, and have turned over to the testing corporations the responsibility for rating, ranking, and labeling our students, our teachers, and our schools.

The Pearson Corporation has become

Read the rest of this entry »

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Alabama Republican Introduces Bill to Eliminate Overtime Pay

Posted by Warm Southern Breeze on Sunday, April 21, 2013

I wouldn’t have believed it had I not read it for myself from the official Congressional website.

U.S. Representative Martha Roby, a Republican from Alabama’s 2d Congressional District has introduced H.R. 1406, officially named the “Working Families Flexibility Act of 2013” which would END the requirement of the Fair Labor Standards Act for employers to pay Time-and-a-Half to employees for every hour worked over 40 in one week.

http://beta.congress.gov/bill/113th-congress/house-bill/1406

The Congressional Budget Office has reported on the bill, and in part wrote that: Read the rest of this entry »

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Republican Father of ObamaCare’s Individual Mandate Denies He Ever Created It

Posted by Warm Southern Breeze on Sunday, June 24, 2012

Liar.

Weasel.

Republican.

Can you smell the hypocrisy cooking?

Column: Don’t blame Heritage for ObamaCare mandate

By Stuart Butler

Updated 2/6/2012 10:40 AM

Is the individual mandate at the heart of “ObamaCare” a conservative idea? Is it constitutional? And was it invented at The Heritage Foundation? In a word, no. {ed. note: That’s utter bullshit, which you’ll understand why as you read on.}

Column-Dont-blame-Heritage-for-ObamaCare-DNUT42U-x

Stuart Butler, By Kate Patterson, USA TODAY (The liar looks happy as a lark, doesn’t he? Apparently, there’s no joy in Mudville.)

The U.S. Supreme Court will put the middle issue to rest. The answers to the first and last can come from me. After all, I headed Heritage’s health work for 30 years. And make no mistake: Heritage and I actively oppose the individual mandate, including in an amicus brief filed in the 11th Circuit Court of Appeals to the Supreme Court.

Nevertheless, the myth persists. ObamaCare “adopts the ‘individual mandate’ concept from the conservative Heritage Foundation,” Jonathan Alter wrote recently in The Washington Post. MSNBC’s Chris Matthews makes the same claim, asserting that Republican support of a mandate “has its roots in a proposal by the conservative Heritage Foundation.” Former House speaker Nancy Pelosi and others have made similar claims.

The confusion arises from the fact that 20 years ago, I held the view that Read the rest of this entry »

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