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Lillian Holsworth's avatar

Absolutely brilliant article. Very informative & much appreciated.

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Thomas Thompson's avatar

The insurrection act was meant to suppress an armed, violent uprising that harms both people and government property and attempts to overthrow the government. In other words, 1-6-21!

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David Stirling's avatar

It's so important to have legal experts like Harry Litman provide thorough review and reporting for the many non-lawyers needing explanation and analysis. Thank you Harry.

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Mary Henson's avatar

I pray that people like you, Marc, Joyce, etc. are all preparing for the day when SCOTUS bows down to Trump allowing him to invoke the insurrection act. We will need every brilliant legal mind in the resistance working together to stop it from getting out of control.

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Deanna Laquian's avatar

Outstanding analysis. Always succinct and interestingly written. Thank you.

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Marina Oshana's avatar

Great piece, Harry, even if it spells out some worrisome scenarios. Hope SCOTUS upholds the 3rd branch of government.

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christopher wilson's avatar

Thank you harry, it’s a lot for a non legal person like me to comprehend.

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SPW's avatar

Well written Harry. You and Joyce keep things straight for my brain during all this. My only question remains, what will be left of our Constitution after 47 and his Court get through with it?

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Daniel Quackenbush's avatar

The word "discretion" is often another way of saying the law is a suggestion, not a command,thus making the law a useless object.

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Lisa Maier's avatar

I believe we citizens should call for Christi Nomes removal from office. Call your elected officials, here is a way to get their phone numbers: https://5calls.org/issue/kristi-noem-dhs-resignation/

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SLMontgo's avatar

Why did it go on so long? Fear? Aren't we the nation that was told we have nothing to fear but fear itself? So that's what we've been brought down to. Fear of this puny creature whom everyone knows is hell-bent on our national destruction for a reward even he cannot describe. But We, the People, don't fear that fat bastard, that poisoned, poisonous creature. No, it's the electeds who fear him because of his alleged base of pardoned criminals who can end their political careers the moment they stop debasing themselves for Trump's pleasure. And they should be frightened, at least the elected Democrats among them. A member of Trump's goon squad followed Trump's mob boss orders. The RMAGA, in the likes of Senator Mike Lee of Utah, takes joy in the murder of Democrats and gloats disgustingly. I don't fear fear as much as I fear the fact that a state elected Mike Lee to be one of its senators. And Utah is not the only craven state to do so. The decent people of Utah must recall Mike Lee as penance.

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RickRickRick's avatar

It all comes down to presidential elections. If Hillary Clinton had been elected in 2016, none of this would be an issue. She would have replaced Scalia with Garland and then would have had two more nominations later. We would not have had three Federalist Society justices.

The "progressive" knuckleheads who voted for Jill Stein in 2016, or even for Trump because they thought Clinton was a "warmonger" are directly responsible for this calamity. So alongside the handful of MAGA voters who have bravely stepped forward to say they were wrong, I'd like to see a couple of those Obama-to-Stein voters to also acknowledge their sins.

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Delia Wozniak's avatar

This sounds like another case of “ipse dixit”! The judge is contesting whether there is a rebellion as a matter of fact or there’s a rebellion because Trump says so, “ipse dixit!”

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Kirsten Hockaday's avatar

Harry, as always your commentary is brilliant and to the point. The AEA and Insurrection Act was written with the intent to protect the country from invasion not tolerate used against the country's citizens or lawful immigrants. Unfortunately, the current regime sees both acts as cudgel to be used against an unwilling citizenry and immigrants that the liar in chief sees as a threat. Until the country gets a ruling by SCOTUS that can rein in the current regime, We the People must protect ourselves against the very thing we fought a revolution to remove: and unreasonable autocrat.

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Andrew Johnston's avatar

Thank you Harry. An excellent article. So much hangs on these interpretations!

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George7's avatar

I'm thinking, how about renaming National Guard to State Guard "with no prejudice."

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