[Can anyone give a cogent reason why Trump is being prosecuted for speaking openly against the validity of the 2022 election that put Joe Biden in the White House? All the man did was exercise his 1A rights, and that included asking Georgia’s governor to review his state’s vote count to see if he could come up with more Trump votes. He blackmailed no one; he threatened no one; he just gave lip service to his opinions and beliefs to see if there was any legal and non-violent way he could change the outcome of the election. According to our Constitution anyone can do that, and Democrats have already demonstrated that such opposition to election outcomes are perfectly legal. gjr]

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287 responses to “Sandbox – 5aug23”
Fresh litter!
It’s thoughtcrime, George.
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So George if Pence would have done what Trump asked and delayed the transfer of the Presidency who would have been the President in the interim and for how long?
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Really George, you are going with the Fox News excuse that he only exercised his 1st amendment rights?
That not all he did. He “conspired”.
“There are at least two reasons Trump’s alleged actions are not protected speech. One is that Smith repeatedly accuses Trump of pressuring other government officials to commit criminal acts of election fraud, and it is well established that soliciting another individual to commit a crime is not protected by the First Amendment. As the Supreme Court held in United States v. Williams (2008), “offers to engage in illegal transactions are categorically excluded from First Amendment protection.”
Trump, for example, may not pressure a state elections official to “find” fraudulent votes that will change the electoral result in that state, for the same reason that he could not legally tell a hit man, “I will give you $50,000 if you kill my wife.” In both cases, Trump is engaged in speech. But the fact that this speech solicits another person to commit a specific crime generally removes it from the First Amendment’s protections.”
Additionally, Smith repeatedly alleges that Trump “knew” that he was spreading lies when he claimed that he had prevailed in 2020, or that the outcome of the 2020 election was in doubt. This matters because the Supreme Court has held that the First Amendment is especially weak when applied to false statements made “with knowledge that it was false or with reckless disregard of whether it was false or not.”
In fairness, the Supreme Court did say in United States v. Alvarez (2012) that some lies are protected speech. But Alvarez also indicates that “where false claims are made to effect a fraud or secure moneys or other valuable considerations, say offers of employment, it is well established that the Government may restrict speech without affronting the First Amendment.”
We all know that Trump received millions in donations based on his lies about him being “robbed” of the Presidency.
https://www.vox.com/2023/8/2/23817444/trump-indictment-first-amendment-supreme-court-lies-solicitation
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Even Trump’s handpicked Attorney General thinks there is a case against Trump,
https://news.yahoo.com/william-barr-blasts-claims-trump-030840514.html
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We know that Trump is a psychopathic liar but when it goes from his usual string of BS to actions is where he crossed the line.
“Having established that the First Amendment is capacious enough even to cover false speech, the indictment proceeds to outline charges of conspiracy and obstruction. Following long-established precedents, it thus moved the focus from the questionable words that Trump spoke to what it alleges to be his illegal actions.
As duplicitous as it might be, some individuals routinely lie. If lies destroy another person’s reputation, the person has the right to sue for slander or libel. If lies are uttered in court while under oath, the court may issue penalties for perjury even though the same lies, spoken out of court, would not be criminal. An individual who openly wishes that all politicians would drop dead does not have the same legal culpability as one who hires a hitman or plans an assassination.
Actions involving the 2020 presidential election, like most human activities, involved conversations. It is difficult to engage in a conspiracy without speaking, but the speech, without its tie to actions or intended actions, would be constitutionally protected. There is a big difference between claiming, even falsely, that an election was rigged, that it was unfair, or that it was fraudulent and plotting to “find” nonexistent votes, to obstruct congressional proceedings during which electoral votes are to be counted, to overturn electoral results by conspiring to draw up lists of fake electors and have them submitted to Congress, or to pressure one’s vice president to convert a purely ministerial vote-counting function into a discretionary power to thwart electoral results.
To draw a comparison, as an ex-president, Trump has every right to claim that the system of classifying documents is too rigid, that it should not apply to ex-presidents, or even that he could declassify a document simply by wishing it so. This has not kept him from being indicted on charges that he took such documents with him after leaving the White House, lied about having them, and attempted to conceal their existence.”
https://www.mtsu.edu/first-amendment/post/4440/trump-s-indictment-and-his-first-amendment-rights
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Ooooh…..three hard hitting news-like stories….that’s so impressive.
Good to see both you and ”he who shall not be named” still pretending to be media types.
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Eva Prawn 140p
Had this piece run in December 2020 rather than February ’21, the so-called “Insurrectionists” would have showed up with their firearms, and in larger numbers:
https://time.com/5936036/secret-2020-election-campaign/
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“We know that Trump is a psychopathic liar…”
No “we” don’t.
We do know that Jeff Pelline is a narcissistic liar. And Joe Biden has a string of lies going back decades.
Most of Trump’s lies are those one might suspect from a real estate guy from Queens.
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Does anyone want to take on this question?
“if Pence would have done what Trump asked and delayed the transfer of the Presidency who would have been the President in the interim and for how long?”
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Hes baaaaaaaaaaaaaaaak @ 400 LOL
😉
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Paul – “Does anyone want to take on this question?”
Why should anyone do that?
You won’t answer any questions.
Go sit on a sharp stick and think about it.
Those are the new rules.
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Does anyone want to take on this question?
Man I’d love to but without knowing who asked the question….
Just can’t take the risk.
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https://thefederalist.com/2023/08/01/evidence-of-biden-burisma-corruption-is-overwhelming/
The word will get out.
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from USA Today: https://www.usatoday.com/story/news/nation/2023/08/04/is-los-angeles-homelessness-plan-working/70445500007/
“Los Angeles’ attempt to reduce street homelessness is the largest of many programs being rolled out across the country.
Over 10,000 people have been transported in vans from city sidewalks to temporary housing during Los Angeles Mayor Karen Bass’ administration in an effort to bring people indoors and give them access to running water, electricity and shelter from the elements.
But most residents who participated in Bass’ Inside Safe program this year remain homeless, stuck in one of nearly 20 hotels across Los Angeles, waiting to be connected with an apartment of their own, according to data from the mayor’s office.”
from fish 11/17/22 7:19AM:
Karen Bass (new mayor of Los Angeles) To the people of our city, my message is this:
1. We are going to solve homelessness.
2. We are going to prevent and respond urgently to crime.
3. Our city is no longer going to be unaffordable for working families.
4. And know this — that work has already begun.
I’ll take “No we’re not, no we’re not, yes it will, and no it hasn’t” for $800 Alex!
Bass said (no, no, no, she THOUGHT) Solving people problems would be so easy if only THOSE DAMN PEOPLE would listen to me!
That’s why you take engineering instead of sociology – the engineering problems are generally solvable in a human lifetime.
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Anybody other than the Circle of Jerks willing to take on this question?
“if Pence would have done what Trump asked and delayed the transfer of the Presidency who would have been the President in the interim and for how long?”
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Gregory – “The word will get out.”
Not to Juan and Paul. Ever.
It really is hopeless. The problem isn’t Biden’s corruption. He’s been corrupt for decades. He will be pulled and put out to pasture before the election. It’s the whole deep state corruption. Once the IRS and the Justice Dept are corrupted to the extent they are, you will never be able to get rid of the rot. They can’t let the rot be exposed for everyone to see and they have the power to crush any attempt to do that. It would take an awakened American public to call for the abolishment of the these institutions and that isn’t going to happen. Look at the manufactured panic over “climate change”. It’s all horse shit, but onward we go into the darkness.
There will be small battles won here and there but the war is already lost. 3 generations of govt school functional idiot-bots and more coming all the time. The vast majority of Americans have no idea of basic physics and economics, let alone being functionally literate and able to formulate a reasoned argument.
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Anybody other than the Circle of Jerks willing to take on this question?
Why would you ask that question here…..whoever you are?
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E Fox 5:27 – Remember that Newsom claimed he would solve the “homeless problem” as mayor of SF. Of course he failed and the CA voters promoted him to governor.
Then Newsom wanted the whole world to come to CA and enjoy free health care but when a very, very small percentage of them did, Newsom started crying poverty.
https://news.yahoo.com/gavin-newsom-invites-worlds-homeless-110000209.html
What happened to the millions that the Dems promised to the blacks in CA?
Karen Bass is just a continuance of the same ‘ol same ‘ol.
Just promise BS and then start the blame game once you’re in power.
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Gee what a stand up crackhead –
Hunter gave Biden ‘green light’ to acknowledge his child to ‘negate a Republican line of attack,’ sources say
https://www.foxnews.com/media/hunter-gave-biden-green-light-acknowledge-child-negate-republican-line-attack?dicbo=v2-9Gy2alv
😉
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Well it’s official…..the blog about being a pirate (now with more Masters Degree) in the dead of winter is officially published biannually…..although I would guess annually remains a distinct possibility.
Keep you posted.
So, as he flies the Blue Lady of the Blogosphere into the sunset, we say “aloha” Five o’clock jeffy, and return to our duties. Let me remind you, the Internet is open twenty-four hours for your dining and dancing pleasure.
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A substack truly worth reading
https://sashastone.substack.com/p/yes-david-brooks-you-are-the-bad#details
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<
blockquote>Biden Energy Secretary Secretly Consulted Top Chinese Energy Official Before SPR Release, Sales To Hunter Biden-Linked Chinese Energy Giant
“Does anyone want to take on this question?”……wait, let me rephrase ….”Anybody other than the Circle of Jerks willing to take on this question?”
Is there anyone working for Team Senile who isn’t a wholly owned subsidiary of the Chinese government?
https://www.zerohedge.com/economics/biden-energy-secretary-secretly-consulted-top-chinese-energy-official-spr-release-sales
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At least Mitch McConnell has it right about Trumps involvement in Jan 6. Here’s a direct quote:
““there is no question that President Trump is practically and morally responsible for provoking the events of that day,” and that “a mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags, and screaming their loyalty to him.”
Here’s another quote from McConnell:
““It was a violent insurrection for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election from one administration to the next,”
https://www.pbs.org/newshour/politics/sen-mitch-mcconnell-rebukes-rnc-calls-jan-6-violent-insurrection
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That’s a quote from over a year and a half ago. Got any newer punches?
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Paul 10:49 – That’s just an opinion without a shred of evidence.
It’s worthless.
Try again.
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Gregory, Scott
It’s the opinion of Mitch McConnell, top Republican in the Senate. Are you believers that the election was rigged like what Trump believes?
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punch, I don’t know how Trump thinks the election was rigged. I do tend to believe how these Democrats say they rigged it:
https://time.com/5936036/secret-2020-election-campaign/
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Interesting piece Gregory. This is what
Molly Ball said in closing in the link to Time magazine you provided.
“Trump addressed the crowd that afternoon, peddling the lie that lawmakers or Vice President Mike Pence could reject states’ electoral votes. He told them to go to the Capitol and “fight like hell.” Then he returned to the White House as they sacked the building. As lawmakers fled for their lives and his own supporters were shot and trampled, Trump praised the rioters as “very special.”
It was his final attack on democracy, and once again, it failed. By standing down, the democracy campaigners outfoxed their foes. “We won by the skin of our teeth, honestly, and that’s an important point for folks to sit with,” says the Democracy Defense Coalition’s Peoples. “There’s an impulse for some to say voters decided and democracy won. But it’s a mistake to think that this election cycle was a show of strength for democracy. It shows how vulnerable democracy is.”
https://time.com/author/molly-ball/
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Interesting piece Gregory. This is what
Molly Ball said in closing in the link to Time magazine you provided.
“Trump addressed the crowd that afternoon, peddling the lie that lawmakers or Vice President Mike Pence could reject states’ electoral votes. He told them to go to the Capitol and “fight like hell.” Then he returned to the White House as they sacked the building. As lawmakers fled for their lives and his own supporters were shot and trampled, Trump praised the rioters as “very special.”
It was his final attack on democracy, and once again, it failed. By standing down, the democracy campaigners outfoxed their foes. “We won by the skin of our teeth, honestly, and that’s an important point for folks to sit with,” says the Democracy Defense Coalition’s Peoples. “There’s an impulse for some to say voters decided and democracy won. But it’s a mistake to think that this election cycle was a show of strength for democracy. It shows how vulnerable democracy is.”
https://time.com/author/molly-ball/
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Interesting piece Gregory. This is what
Molly Ball said in closing in the link to Time magazine you provided.
“Trump addressed the crowd that afternoon, peddling the lie that lawmakers or Vice President Mike Pence could reject states’ electoral votes. He told them to go to the Capitol and “fight like hell.” Then he returned to the White House as they sacked the building. As lawmakers fled for their lives and his own supporters were shot and trampled, Trump praised the rioters as “very special.”
It was his final attack on democracy, and once again, it failed. By standing down, the democracy campaigners outfoxed their foes. “We won by the skin of our teeth, honestly, and that’s an important point for folks to sit with,” says the Democracy Defense Coalition’s Peoples. “There’s an impulse for some to say voters decided and democracy won. But it’s a mistake to think that this election cycle was a show of strength for democracy. It shows how vulnerable democracy is.”
https://time.com/author/molly-ball/
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All carefully selected quotes aside, does anyone really have evidence or even believe that Trump fomented a “violent insurrection for the purpose of trying to prevent the peaceful transfer of power”? There’s no doubt that Trump did believe that the election was rigged, and that he tried to convince various officials to continue looking for evidence of that and discover additional votes for him in the process. But since there is no evidence of collusion or conspiracy to produce such non-existent votes, his efforts in this pursuit consisted of nothing but 1A free speech of his beliefs no matter how erroneous. Successfully making that into a trumped-up criminal behavior and indicting him for it has now set a precedent for future indictments of ALL politicians for their erroneous beliefs whether expressed in public or private. Only the non-democratic Democrats will benefit from this evil and historically new practice, America and Americans will lose.
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Yes, Punch, it is an interesting piece, and that was perhaps the sixth time I’d posted the link here. Made you look. Also, that Ms Ball thought she was one of the good guys was a given.
George, of course I don’t think Trump fomented a violent insurrection for the purpose of thwarting the peaceful transition of power.
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Paul 2:13 – I don’t care whose opinion it is. An opinion about what some one else believes is not a fact. And he provides no facts. If you believe something and testify in court as to that opinion, does it matter if 100 other people claim that they think you don’t really believe it? Does that alter what you believe?
And the “fight like hell” is taken out of context – he exhorted the crowd to be peaceful. Anyone who leaves that part out is simply a liar and has no credibility.
A Democrat never-Trumper lawyer has already opined this is a baseless political bunch of non-sense.
“Trump praised the rioters as “very special.””
I would suspect that is also taken out of context. I would need to see when and where he said it – and why.
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“And the “fight like hell” is taken out of context – he exhorted the crowd to be peaceful. Anyone who leaves that part out is simply a liar and has no credibility.”
Peaceful AND patriotic.
It’s called lying by omission. Paul does it a lot.
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Gregory, do you support the Constitutionality of Pence not certifying the election on Jan 6 as Trump asked him to do? Pence of course refused saying it was not Constitution to do so.
From Face the Nation:
“One of the allegations against Trump is that he attempted to enlist Pence to use his ceremonial role in affirming the electoral vote count on Jan. 6 to “fraudulently overturn the results of the election.” Pence has said Trump went beyond asking him to pause the count for an audit and urged him to reject the Biden electors outright, in the hopes of tipping the election in Trump’s favor.
“There was no discretion ever given to the vice president in history, nor should there ever be,” Pence told “Face the Nation.” “I had no right to overturn the election and Kamala Harris will have no right to overturn the election when we beat them in 2024.”
https://www.cbsnews.com/news/mike-pence-face-the-nation-trump-2020-election-interview/
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Talking to ghosts again creepy grampa joe? Senior abuse it be –
https://www.msn.com/en-us/news/politics/biden-appears-to-get-lost-in-graveyard-on-way-to-delaware-mass/ar-AA1eSDAe?ocid=msedgntp&cvid=55f0045ad5e34e1abadd05fd300b8957&ei=23
😉
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Bidenomics eh its all great for the 1% and the wokesters that run the creepy grampa joe admin! –
Kraft Heinz volumes sink as consumers push back on higher prices
The maker of Heinz ketchup, Velveeta, and Jell-O is the latest company to highlight consumers becoming more cost-conscious.
https://currently.att.yahoo.com/finance/news/kraft-heinz-volumes-sink-as-consumers-push-back-on-higher-prices-170645273.html
😉
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Pence of course refused saying it was not Constitution to do so……
Yeah man…that’s like totally not Constitution man! Totally!
….and people wonder why I visit RR’s?
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Paul 10:07 – Trump asked Pence – Pence said no.
Wow.
Pretty damn scary, Paul.
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Scott
Who would have been President in the interim if Pence would have said yes to Trumps request and for how long ?
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Paul – I thought I had made it plain to you. Go sit on a sharp stick and think about it.
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Trump’s lawyer, John Lauro, said, “If Trump committed ‘a technical violation of the Constitution,’ it’s not a crime.”
Hmmm.
Trump must be getting near the bottom of the barrel of scum sucking bottom dwellers willing to represent him in court.
So, like, if I run a stop sign, it’s like just a technical violation of the Motor Vehicle Constitution, man.
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Just keep asking the same question over and over until you get an answer you don’t like……
If only you could see my shocked face Punchybot!
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Jeffie Pellini sez 1116a:
“Trump must be getting near the bottom of the barrel of scum sucking bottom dwellers willing to represent him in court.”
Why? He found a lawyer who knew the Constitution didn’t contain criminal statutes?
Under the constitution, just what is the punishment for telling what is later determined to be a lie by a court of law?
Extra credit… does a jury have to be unanimous that it was a lie, or does a jury just have to decide by a bare majority?
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Interesting none of you are willing to answer that question. Probably because the answer is Trump would be reinstalled indefinably.
On another topic Trump is going to spend over 60,000,000 on his legal defense which will come from the likes of Scott, Gregory, fishhole and Bessee, the last remaining of the Circle of Jerks.
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Probably because the answer is Trump would be reinstalled indefinably.
Always in such a hurry to be a pompous ass that you constantly fuck up your posts!
indefinably……?
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“indefinitely” is correct. Thanks fishhole . Is that the correct spelling for your name fishhole?
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Not a penny from my pocketses to Trump… I’ll trust the upcomin’ to sort things out.
And Trump’s oath of office in Jan 2017 expired in Jan 2021… no “indefinably” about it.
Punch… you are an idiot.
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“indefinitely” is correct. Thanks fishhole . Is that the correct spelling for your name fishhole?
Who is this?
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Do tell!
https://www.breitbart.com/tech/2023/08/07/facebook-files-fbi-lied-about-extensive-meetings-with-zuckerbergs-platform-about-hunter-biden-laptop-from-hell/
😉
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