22 Dec 2023 ~~ By Jonathan Turley
(Excerpt)
January 6, 2021, was many things — and all of them bad. However, it was not an insurrection. I was critical of Trump’s speech to a mob of supporters that day, and I rejected his legal claims to stop the certification of the 2020 presidential election in Congress. However, it was a protest that became a riot, not a rebellion.
Indeed, despite the unrelenting efforts of many in the media and Congress, a
post-January 6 Harvard study found that most of the rioters were motivated by support for Trump or concerns about the election’s fairness, not by a desire to rebel.
~Snip~
There were a number of barriers facing advocates who have tried to stretch this provision to cover the January 6 riot. The four justices had to adopt the most sweeping interpretation possible on every one of those questions in order to support their decision.
The only narrow part of the opinion came with the interpretation of the First Amendment, where the four justices dismissed the free-speech implications of disqualifying presidential candidates based on political position and rhetoric.
The result is an opinion that lacks any limiting principles. It places the nation on a slippery slope where red and blue states could now engage in tit-for-tat disqualifications. According to the Colorado Supreme Court, those decisions do not need to be based on the specific comments made by figures like Trump. Instead, it ruled, courts can now include any statements made before or after a speech to establish a “true threat.”
It was inevitable that the Trump-ballot challengers would find four jurists in one state willing to follow something like the Wilde Doctrine. However, it is also important to note that a series of Democratic jurists previously refused to do so in various cases. They did so not out of any affinity to Trump but out of their affinity to the Constitution.
The Colorado Supreme Court has handed down the most anti-democratic opinion in decades. What is particularly galling is that these four justices stripped away the right of millions of voters to choose their preferred candidate in the name of democracy. It is like burning down a house in the name of fire safety.
The only good news is that this flawed theory can now be appealed to the U.S. Supreme Court where it is likely to be put to rest conclusively.
Commentary:
There are certain requirements that must be met to try a person in a court action. Witnesses, documents, exculpatory evidence and the privilege of the opportunity of the accused being faced by his accusers.
Judges cannot be accusers but are there to hear the case presented that never was and evaluate the evidence. The only evidence that was presented to the justices was hearsay from media outlets that have the ability of absence of malice (the opportunity to lie without fault) and not proven or even displayed. That’s not a hearing, that’s a
Kangaroo court trials created for the purpose of not giving the accused any chance to be right or wrong. Justice? Not a chance. They’re no different than vigilantes with a rope.
The minute they added the words “legally convinced,” it went out the window. My opinion can be possibly based upon gut feeling. As a judge, sworn in, their opinion has to be based upon facts. That’s what they are paid and sworn in to do. That didn’t happen.”
In other words, “To protect Democracy, we need to ban the front-running opposition candidate from the ballot. Because we’re all about Democracy.”