SERIES 2 EPISODE 119: COUNTDOWN WITH KEITH OLBERMANN
A-Block (1:44) SPECIAL COMMENT: Today we begin to find out if we still have a Constitution.
Because the Constitution, in the third clause of the fourteenth amendment, says no person shall be a Senator or Representative in Congress, or elector, or hold any office, civil or military… who having previously taken an oath as a member of Congress or as an officer of the United States to support the Constitution shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof.
It does NOT say that that person has to be CONVICTED of insurrection or rebellion.
It does NOT say that that person has to be disqualified from the ballot by a judge or a legislature or a plebiscite.
It does NOT say that the president is NOT an officer of the United States or that a President is exempt.
It does NOT say that the disqualification of an insurrectionist from being president is any different than is the disqualification of a foreign citizen, nor any different than is the disqualification of a 14-year old, that all of them are self-executing.
It does NOT say that this clause of the constitution can only be enforced if all the voters agree.
It does NOT say that this clause of the constitution can only be enforced AFTER somebody ineligible is elected.
It does NOT say that this clause of the constitution can only be enforced if the insurrectionist’s cult and gangs and militias and stochastic terrorists promise not to threaten civil war.
It does NOT say that this clause of the constitution can only be enforced if a majority of justices of the Supreme Court can’t make up a bullshit excuse for NOT enforcing it.
It DOES say that this clause of the constitution CAN be overridden if Congress removes the disqualification of an individual by a vote of two-thirds of the House and two-thirds of the Senate.
PERIOD.
I will quote extensively from the two Federalist Society constitutional scholars whose extraordinary research into the 14th Amendment really mainstreamed it: Professors William Baude and Michael Pearson. And I'll quote a third Professor they quote, at the crux of the real argument here: if the Justices should find an excuse to make up some rule to NOT enforce our Constitution out of fear of Trump and violence. From Daniel Epps of Washington University: "The Supreme Court shouldn't rule that Trump is ineligible for the presidency for engaging in insurrection, because if they do Trump will definitely stage an insurrection."
B-BLOCK (20:18) POSTSCRIPTS TO THE NEWS: If at first you don't impeach, try try again. Next Tuesday, in fact. And meet Valentina Gomez, trying to win the GOP nomination for Secretary of State of Missouri. She too is fed up with book banning. Her platform moves directly to book BURNING. (25:41) THE WORST PERSONS IN THE WORLD: Trump calls Grammy ratings "anemic" even though they exceed his last four hour-long network specials COMBINED. UK's Prime Minister shames himself. As do Tucker Carlson and the very gullible rightwing nut job Juanita Broadddrick.
C-BLOCK (33:30) EVERY DOG HAS ITS DAY: Can you help out Guidry's Guardian Foundation? (34:45) THINGS I PROMISED NOT TO TELL: Somebody mentioned he went to a baseball event and got applause and support. So let me tell you about the baseball event at which I found out Rudy Giuliani was nuts. We are approaching its 30th anniversary!
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