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Back Door Power Grab Commentary Corruption Links from other news sources. Reprints from others.

Just in case you missed it. Ruth Bader Ginsburg and Trump’s $355 million fine.

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Just in case you missed it. Ruth Bader Ginsburg and Trump’s $355 million fine.

SusanShelley

Let me tell you about the time Ruth Bader Ginsburg saved Donald Trump $355 million plus interest. It was Feb. 20, 2019, and Justice Ginsburg delivered the opinion of the court in the case of Timbs v. Indiana.

In that case, police in Indiana had seized Tyson Timbs’ Land Rover SUV, which he bought for $42,000 with money he received from a life insurance policy when his dad died. The state sought civil forfeiture of the vehicle because Timbs had pleaded guilty to drug dealing and conspiracy to commit theft. However, the fine for the crime was only $10,000 and the vehicle was worth four times that. Taking the vehicle was an excessive fine, the judge ruled, and excessive fines are prohibited by the Eighth Amendment to the U.S. Constitution. The Court of Appeals agreed.

But then the Indiana Supreme Court reversed the ruling on the grounds that the Eighth Amendment’s prohibition on excessive fines applies only to the federal government, and it does not bind the states.

Yes it does, the U.S. Supreme Court said unanimously. Justices Neil Gorsuch and Clarence Thomas wrote separate concurring opinions stating that they would have arrived at the decision through different reasoning. But the conclusion was the same.

“There can be no serious doubt that the Fourteenth Amendment requires the States to respect the freedom from excessive fines enshrined in the Eighth Amendment,” wrote Gorsuch.

“The Eighth Amendment’s prohibi­tion on excessive fines applies in full to the States,” wrote Thomas.

“The Excessive Fines Clause traces its venerable lineage back to at least 1215,” wrote Ginsburg, “Magna Carta required that economic sanctions ‘be proportioned to the wrong’ and ‘not be so large as to deprive [an offender] of his livelihood.’”

Timbs v. Indiana was a landmark decision. It was the first time the Supreme Court had held that the Eighth Amendment’s excessive fines clause applied to the states. Just nine years earlier, in McDonald v. Chicago, the Supreme Court had acknowledged in a footnote, “We never have decided whether … the Eighth Amendment’s prohibition of excessive fines applies to the States,” pointing to the 1989 case of Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal, Inc., in which the court declined to decide the issue.

McDonald v. Chicago was itself a landmark decision. In that case, the Supreme Court said for the first time that the Second Amendment applies to the states as well as to the federal government.

“When ratified in 1791, the Bill of Rights applied only to the Federal Government,” Justice Ginsburg wrote.

How that eventually changed is a little-known part of U.S. history that is about to protect former President Trump from the state of New York.

The Fourteenth Amendment was added to the Constitution after the Civil War, in 1868. It read, in part, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

However, this did not immediately make the Bill of Rights applicable to the states. That change began more than 50 years later, in 1925. In the case of Gitlow v. New York, the Supreme Court floated the idea that freedom of speech and of the press are assumed to be “among the fundamental personal rights and ‘liberties’ protected by the due process clause of the Fourteenth Amendment from impairment by the states.”

Gradually over the next century, the court would pick and choose provisions of the Bill of Rights, declare them to be “fundamental” or “deeply rooted” in our history, tradition and “scheme of ordered liberty,” and make them binding on the states. (The history of this process can be read in Justice Samuel Alito’s opinion for the court in McDonald v. Chicago.)

The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The “cruel and unusual punishments” clause was declared applicable to the states in 1962, in Robinson v. California. The “excessive bail” provision has applied to the states since the 1971 case of Schilb v. Kuebel. And the “excessive fines” prohibition has been binding on the states since the 2019 Timbs case.

New York Judge Arthur F. Engoron fined the former president and 2024 frontrunner an astronomical $355 million plus $100 million (and counting) in interest. Engoron also prohibited the Trump Organization from taking loans from financial institutions that do business in New York for three years, and he banned Trump personally from working as a director or officer of any corporation or entity in New York for the same period. Engoron even refused Trump’s request for a 30-day extension of the due date to pay the fine, which New York requires before he can appeal the judgment.

This was a civil fraud trial, without a jury, in which the judge found Trump guilty of giving his assets a too-high valuation to get good loan terms, even though the bank adjusted those values downward before approving a loan that was paid back fully and on time, with interest.

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” wrote Ginsburg. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies.”

New York Attorney General Letitia James campaigned on a promise to sue Donald Trump, calling him an “illegitimate president.” She said she’ll ask the court to seize Trump’s buildings if he can’t come up with hundreds of millions of dollars in cash in time to pay the fine.

We’ll see. It may be easier to go up against Trump than to argue with Ruth Bader Ginsburg.

Former U.S. President Donald Trump, with lawyers Christopher Kise and Alina Habba, attends the closing arguments in the Trump Organization civil fraud trial at New York State Supreme Court in the Manhattan borough of New York, Thursday, Jan. 11, 2024. (Shannon Stapleton/Pool Photo via AP)

Former U.S. President Donald Trump, with lawyers Christopher Kise and Alina Habba, attends the closing arguments in the Trump Organization civil fraud trial at New York State Supreme Court in the Manhattan borough of New York, Thursday, Jan. 11, 2024. (Shannon Stapleton/Pool Photo via AP)

 

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Back Door Power Grab Biden Pandemic Black Supremacy Commentary Corruption Government Overreach Links from other news sources.

Throw out the NY Bail. Eighth Amendment Protects President Trump.

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Throw out the NY Bail. Eighth Amendment Protects President Trump. The Supreme Court in 2019 ruled 9-0 that the eight amendment protects Americans from exsessive fines. Ginsburg wrote the decesion in overturning the Indiana Supreme court.

The court held unanimously that the excessive fines clause of the Constitution’s Eighth Amendment applies to the states. The ruling is potentially a major win for property owners and individual citizens facing excessive fines, fees, and forfeitures—to say nothing of Tyson Timbs, the man who fought the seizure of his SUV all the way to the Supreme Court.

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Biden Commentary Elections Just my own thoughts Links from other news sources.

No Virginia. Tuesday’s Congressional race wasn’t about Trump and not a sign of future races.

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No Virginia. Tuesday’s Congressional race wasn’t about Trump and not a sign of future races. Democrat Tom Suozzi flipping the seat once held by disgraced Republican George Santos.

This was the former Congressman who served three previous terms, so the folks knew him. He ran against a person who up until a week before the election was a Democrat. Her mistake? She like the Democrat ran against Trump, and the trump folks stayed home.

Democrats voted early and Republicans did not.

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Back Door Power Grab Just my own thoughts Life Opinion Politics Uncategorized

Why Donald Trump won’t be found guilty. Four other sloppy people did worse.

Visits: 83

Why Donald Trump won’t be found guilty. Four other sloppy people did worse. All five were sloppy and we know 100% what four did was illegal. Jury is out on the fifth. Who are they?

Both Clintons, Pence, Biden, and Trump. All had documents or Tapes that were Government Property. Bill had tapes that were government property and he used them for his book. Recorded folks without their knowledge.

Hillery had the illegal server and destroyed it plus erased the server. Pence had classified documents at his personal home, and Biden had classified documents all over the country.

Trump had classified documents he said he declassified. Bill Clinton didn’t claim that he declassified the tapes. Hillary, Pence and Biden did not have the authority to have those documents.

Five people who yes were sloppy in how they handled this. But for some reason only one was charged with crimes. The one who may have had a right to those documents. Donald Trump.

 

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Biden Commentary Elections Links from other news sources. Opinion Politics Reprints from others.

Trump Turns Biden’s Alleged Insult into Fundraising Fuel, Calls On ‘Every Patriot Reading This Message to Chip In’.

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Trump Turns Biden’s Alleged Insult into Fundraising Fuel, Calls On ‘Every Patriot Reading This Message to Chip In’. I found this on several websites, but this one is most interesting.

byRounak Jain, Benzinga Staff Writer

Former President Donald Trump is reportedly using President Biden’s alleged derogatory remarks about him as a means to raise funds.

What Happened: Trump is capitalizing on claims that Biden referred to him as a “sick f**k” during a private conversation. In a recent fundraising email to his followers, Trump suggested that Biden’s alleged remarks were not just targeted at him, but at all his supporters, reported The Hill.

The fundraising email also drew attention to former Secretary of State Hillary Clinton’s infamous “deplorables” comment, implying that Biden “will spit on us” and use every curse word to describe his supporters.

Trump urged his followers to demonstrate their patriotism and support him, assuring them that they would be “the ones laughing on Election Day.”

This fundraising effort comes after reports that Trump’s fundraising committees spent nearly $30 million in legal fees for the former president in the second half of 2023.

This is another instance in a series of Trump’s fundraising attempts, which have also included capitalizing off his criminal indictments and state efforts to remove him from primary ballots.

Why It Matters: Biden had reportedly described Trump as a “sick f**k” who takes pleasure in others’ misfortunes in private conversations. Later that day, former National Security Adviser John Bolton affirmed Biden’s remarks, stating that Biden had accurately captured Trump’s personality.

Earlier, Biden mocked Trump for his incorrect prediction of a stock market collapse if Biden won the 2020 election.

Trump currently leads Biden in the 2024 presidential election race – a RealClearPolitics poll shows Trump with 46.6% support, while Biden has 44.8% support.

 

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Commentary Corruption Crime Leftist Virtue(!) Links from other news sources. Opinion Politics The Courts Uncategorized

Close your eyes, click your heels, and say go protest at the Capitol. That’s what the Colorado Supreme Court used as proof of an Insurrection.

Visits: 27

Close your eyes, click your heels, and say go protest at the Capitol. That’s what the Colorado Supreme Court used as proof of an Insurrection. Not really, but awful close. Here’s their evidence.

Professor Peter Simi, who argued that the former president used “coded language” with his supporters prior to the January 6 Capitol Hill riot, which would therefore qualify as “insurrection.”

Trump’s lawyers asserted that the former president never encouraged his supporters to enter the Capitol on January 6, adding he asked them to peacefully and patriotically let their voices be heard. Trumps coded message is below.

“President Trump also sent tweets throughout the day instructing his supporters to ‘remain peaceful’ and ‘[s]tay peaceful,’ and he released a video telling the crowd ‘to go home now,’” it added. “Calling for peace, patriotism, respect for law and order, and directing the Secretary of Defense to do what needs to be done to protect the American people is in no way inciting or participating in an ‘insurrection.’”

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Biden Commentary Corruption Economy Links from other news sources. Work Place

Union Management supports Biden. Workers support Trump.

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Union Management supports Biden. Workers support Trump. In a strange interview, the UAW President admitted that the Joe Bag a Donut worker was not supporting the Union upper management pick.

United Auto Workers (UAW) President Shawn Fain said “a great majority” of American union workers in the auto industry “will not vote for” President Joe Biden against presumptive Republican presidential nominee former President Donald Trump.

“Look, let me be clear about this. A great majority of our members will not vote for President Biden. Yes, some will. But that’s the reality of this,” Fain told Neil Cavuto.

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Biden Biden Cartel Censorship Commentary Corruption Government Overreach January 6 Links from other news sources. Opinion Politics

Setting the record straight January 6.

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Setting the record straight January 6. I found this X this morning. Greenwald isn’t your typical Liberal. He will point out left wing lies, and he uses common sense and simple logic to prove his point.

The latest narrative Greenwald is trying to exorcise from the souls of liberals is that January 6 was an attempted coup, armed rebellion, or an insurrection. It’s an emphatic no on all fronts. Joe Biden is president, the military was not deployed, and Trump left willingly. All of the characteristics of a traditional coup d’état are absent, and the former Guardian journalist slaps down all the points made by liberals Destiny and the Krassenstein brothers, Ed and Brian.

If there was an attempt to take over the government, Trump would have been arrested after the so-called insurrection happened. That did not happen.

The DOJ did not get involved until after Trump announced that he was running for President again.

 

 

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Biden Biden Cartel Censorship Commentary Corruption Government Overreach Links from other news sources.

Aren’t you just a bit curious as to why all the lawsuits by Biden against Trump?

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Aren’t you just a bit curious as to why all the lawsuits by Biden against Trump? Remember when Biden said something like Trump must never be anywhere near the White House again?

Well, we have four lawsuits and counting. Now the latest polls show Trump still more popular than Biden.

 

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Commentary Free Speech Links from other news sources. Opinion Politics

MAGA gone worldwide. Conservatives win on the world stage.

Visits: 35

MAGA gone worldwide. Conservatives win on the world stage. Former President Trump is claiming that his MAGA movement has gone International. He just may be right.

Look what’s happened since 2016. UK leaves the European Union. Conservative victories in Italy, Argentina, Netherlands, Austria, and possibly more in 2024.

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