FOX News just posted the endorsement of Vice President Kamala Harris by former Republican White House lawyers who served in The White House under Presidents Ronald Reagan, George H.W. Bush, and George W. Bush. I am proud to join my colleagues and friends in this endorsement.
The Nation is witnessing the determined delegitimization of both its Federal and State judiciaries and the systematic dismantling of its system of justice and Rule of Law by a single man – the former President of the United States.
Thank you so much for this thread, Mr. Hagan,
@joehagansays
. You almost presciently understood precisely what I was at least attempting to do to the best of my abilities during the hearing Thursday.
My colleagues, former Republican Administration officials, and I filed this amicus brief today in United States v. Donald Trump, urging that the Federal District Court schedule a speedy and expeditious trial for the former president.
I was honored to advise Vice President Pence that he had no choice on January 6, 2021, but to accept and count the Electoral College votes as they had been cast and properly certified by the states.
It would be impossible to overstate the enormity of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago.
It can never again be said that in America “no man is above the law.” The Supreme Court held today that the President of the United States — and the former president in particular — is above the law, and the only person in America who is above the law.
Let me correct the record below and say that I told
@neal_katyal
yesterday after we left the Court that his was the single best oral argument I have ever heard made before the Supreme Court of the United States. He was masterful!
Such a privilege to argue
#MoorevHarper
in the Supreme Court on behalf of Becky Harper,
@CommonCause
& other voter protection groups. Anything you liked in my argument was really the product of incredible work by so many, especially
@judgeluttig
, Abha Khanna, Elisabeth Theodore +
The Fourteenth Amendment itself, in Section 3, answers the question whether disqualification is “anti-democratic,” declaring that it is not. Rather, it is the conduct that gives rise to disqualification that is anti-democratic, per the command of the Constitution.
Alexander Hamilton wrote to George Washington in 1792. “When a man unprincipled in private life[,] desperate in his fortune, bold in his temper . . . is seen to mount the hobby horse of popularity . . .
I support a constitutional amendment that would repudiate the Supreme Court’s faithless decision in Trump v. United States and restore the animating principle of our Nation and of our Constitution that no man is above the law, least of all the President of the United States.
There was never a doubt that the courageous Liz Cheney would endorse Vice President Harris, because Liz Cheney stands for America. She is the very embodiment of country over party and country over self. And she fears no one -- least of all the former president.
Breaking news:
@Liz_Cheney
endorses Kamala Harris during a speech at Duke University in North Carolina. Here is what she said: “Because we are here in North Carolina, I think it is crucially important for people to recognize, not only is what I just said about the danger that
I know it’s “old-fashioned” these days to be thankful, appreciative, and grateful for anything, let alone anybody. So, call me old-fashioned. I am thankful, appreciative, and grateful beyond words for all of you. Your birthday wishes today mean the world to me.
It is cruel irony that the Supreme Court issued its abominable decision in Trump v. United States three days before this Independence Day 2024. The American Revolution was fought in order that Americans would secure our nation’s independence from the British monarchy
every . . . single . . . word . . . that I spoke . . . , carefully . . . exactingly . . . and . . . deliberately, so that the words I spoke were pristine clear and would be heard, and therefore understood, as such.
The Colorado State District Court, Judge Sarah B. Wallace, held tonight that the former president “engaged in an insurrection on January 6, 2021 through incitement, and that the First Amendment does not protect [his] speech." The court also held that he
As with the three-hour argument in Trump v. Anderson, a disconcertingly precious little of the two-hour argument today was even devoted to the specific and only question presented for decision.
Thank you
@mspopok
,
@MTLegalAF
and
@MeidasTouch
.
The first thing all of us are taught is right from wrong, not right from left.
The presidential election of 2024 is not about right and left. It’s about right and wrong.
It really is that simple for America.
I was traveling yesterday, but I gave CNN
@jamiegangel
a statement on the indictment of the former president for his efforts to overturn the 2020 presidential election and for the January 6 attack on the United States Capitol.
Among other things, I said:
For better or worse, I was as compos mentis as I have ever been last Thursday, June 16, 2022. But please keep checking on me from time to time! You just never know these days! Thank you, everyone! You're the best!
The Supreme Court should want to subject itself to the highest possible standards of ethical conduct at all times -- in public and in private -- such that its conduct is beyond all reproach and the Court is deserving of the abiding respect of the American People.
The first words of my testimony before The United States House Select Committee on the Attack on the United States Capitol were that, “A stake was driven through the heart of American democracy on January 6, 2021, and our democracy today is on a knife’s edge.”
This explanation from today’s D.C Circuit opinion for why the former president is not entitled to immunity from civil suit for his conduct “up to and on January 6” is the same explanation for why he is also not entitled to immunity from criminal prosecution for that same conduct.
After a year and a half, he finally succeeded in forcing Jack Smith’s appropriately reluctant hand, having left the Department no choice but to bring these charges lest the former president make a mockery of the Constitution and the Rule of Law.
Never in American history has any person, let alone a President of the United States, leveled such threatening attacks against the federal and state courts and federal and state judicial officers of the kind the former president has leveled continually now for years.
My thoughts about the Supreme Court’s decision today, with CNN’s Jake Tapper just now.
The ruling is astonishing and unprecedented, not for its decision of the exceedingly narrow — and only — question presented
Neal Katyal and I discussed the Supreme Court's unforgivable decision in Trump v. United States with the Kettering Foundation's Brad Rourke last week. There are already calls for a constitutional amendment to overturn the decision, as there should be.
On January 6, 2021, the former president dared America, the Constitution and laws of the United States, and America’s Democracy, and he has continued to dare and taunt America, the Constitution, and America’s Democracy, since.
Former Republican Administration officials from five Republican Administrations argue in this amicus brief filed yesterday in United States v. Donald Trump that the former president is not entitled to absolute immunity from prosecution for his alleged crimes
So, in all sincerity, thank you, all of you on Twitter, who are genuinely concerned about me. I can assure you that on last Thursday, June 16, I had never felt, or been, better in my life. And now, two days later, I feel better, still!
What I will say, though, is this. And I think it explains it all. All my life, I have said (as to myself, and at times, by way of sarcastic prescription for others) that I never . . . talk . . . any . . . faster . . . than . . . my . . . mind . . . can . . . think.
It is a regrettable commentary on our times that a lone federal judge, The Honorable Judge Reggie B. Walton -- because no one whose responsibility it is to do so has had the courage and the will -- would finally be left no choice but, himself, to express on national television
Were I they, I would not have made the revealing, fatuous, and politically and constitutionally cynical, concluding argument that the former president and his lawyers made to the Supreme Court in their Reply Brief today.
The time has come for a new legal movement committed to American Democracy, the Constitution, and the Rule of Law, without regard to partisan politics and partisan political party affiliation, and
Only Professor Laurence H. Tribe could write this stunning and incriminating dissection of Kenneth Chesebro's critical memorandum in support of the plan to overturn the 2020 presidential election.
if the Court is to earn the respect of the American People that is indispensable to the public’s acceptance of the Court’s judgments. It is the responsibility of the Supreme Court to earn the respect of the American People, not vice versa.”
We should all watch and listen to every minute of this conversation between Harvard Professor Emeritus Laurence H. Tribe
@tribelaw
and Katie Couric
@katiecouric
in which Professor Tribe thoughtfully,
I had the opportunity again yesterday on
@DeadlineWH
with
@NicolleDWallace
to make the single most important point that needs to be made about the Disqualification Clause in Section 3 of the Fourteenth Amendment:
The Supreme Court's long-awaited decision in Moore v. Harper is a resounding, reverberating victory for American Democracy. The Court meticulously reasoned through its decision exactly as
@CommonCause
@CommonCauseNC
@neal_katyal
and
@hoganlovells
urged. Congratulations, all!
With its abominable decision in Trump v. United States three days before Independence Day 2024, the Supreme Court cut the heart and soul out of America’s Democracy and the Rule of Law.
I don’t think of the mid-term elections in the partisan political terms of whether the Democrats or the Republicans “won” or “lost.” I think of these midterm elections only in the “constitutional” terms of whether American Democracy won or lost.
if I were chiseling words in stone that day, it was imperative that I chisel the exact words that I would want to be chiseled in stone, were I chiseling words in stone for history.
It is the responsibility of the Supreme Court of the United States in the first instance to protect the federal courts, the federal judges, and all participants in the justice system from the reprehensible spectacle of the former president's inexcusable, threatening attacks,
“I have long said that Supreme Court Justices, their spouses, and their families should conduct themselves in all ways and at all times such that they are beyond reproach. The honor of serving the nation on the Supreme Court requires nothing less than this,
Ultimately, however, it is the responsibility of the entire nation to protect its courts and judges, its Constitution, its Rule of Law, and America's Democracy from vicious attack, threat, undermine, and deliberate delegitimization at the hands of anyone so determined.
@WHCOS
I would not hesitate to retract my endorsement of Judge Jackson for the Supreme Court if there were anything at all to Senator Cruz's statement, but there is not. In fact, quite the opposite is the case.
But suffice it to say, never in history has any person leveled such attacks and been met with such passivity, acquiescence, and submissiveness by the nation.
What you could not know, and did not know, but I will tell you now, is that I believed I had an obligation to the Select Committee and to the country, first to formulate . . . then to measure . . . and then . . . to meter out . . .
I believed Thursday that I had that high responsibility and obligation -- to myself, even if to no other. Also please bear in mind that Thursday was the first time in 68 years, to my knowledge, I had ever been on national television, let alone national television like that.
The Honorable Alberto Gonzalez, former Attorney General of the United States and White House Counsel to President George W. Bush, endorses Vice President Kamala Harris this morning, in a full article in
@politico
@POLITICOMag
@playbookdc
Under the Constitution and laws of the United States, the former president has an inviolable right to a speedy and expeditious trial. He does not have a right, however, to a delay of a speedy trial to serve his personal and political interests.
The American Bar Association House of Delegates just passed a policy adopting the "Statement of Principles to Preserve, Protect, and Defend the Constitution, the Rule of Law, and American Democracy" of the Society for the Rule of Law!
On any given day for the past 18 months — doubtless up to and including the day before the indictment was returned — the former president could have avoided and prevented this prosecution. He would never have been indicted for taking these documents.
This week, Congresswoman Liz Cheney
@RepLizCheney
and Congresswoman Zoe Lofgren
@RepZoeLofgren
introduced a bipartisan bill in the House to reform the Electoral Count Act of 1887. This bill represents a comprehensive and compelling Rule of Law overhaul of the anachronistic ECA.
Thank you
@alivelshi
for giving me the opportunity to explain this morning that it is the Constitution itself that tells us that the disqualification of the former president under the Fourteenth Amendment is not anti-democratic.
There is simply no basis in constitutional interpretation, reason, or logic for concluding from the constitutional fact that the president nominates and appoints “Officers of the United States” under Article II, Section 2, Clause 2, that the president is not
No longer can it be said that in America no man is above the law, because on that day, the Supreme Court held that the President of the United States -- and in particular the former president of the United States – actually is above the law.
This day is all the more tragic and regrettable because the former president has cynically chosen to inflict this embarrassing spectacle on the Nation -- and a spectacle it will be.
Thank you, Professor Laurence H. Tribe
@tribelaw
. There is no one from whom I would have rather wanted to hear these words. I, too, am proud of my colleagues for joining this brief. Unlike others, they have honorably refused to cower before Politics and the Constitution.
This masterful amici brief is far more than an “us too” document. It is aimed at the very heart of the Court as currently composed. Its arguments, thanks largely to
@judgeluttig
, include some that no other brief of the multitude filed in the case makes.
All of this said, I am not recovering from a stroke or any other malady, I promise. Thankfully, I have never been as sick or as so debilitated as that ever in my life, and would not want that for anyone. Knock on wood, I have never even been really sick a day in my life.
The New Yorker’s brilliant Editor and gifted writer, David Remnick, on January 6 and the January 6th Committee’s Final Report:
“Part of Trump’s dark achievement has been to bludgeon the political attention of the country into submission.
“But where, say some, is the King of America? . . . [S]o far as we approve of monarchy . . . in America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.”
And though not scared, I was concerned that I do my very best and not embarrass myself, as I think anyone who found themselves in that frightening circumstance would be.
The former president is foreclosed from again holding the Office of the President because of his attempt to overturn the 2020 presidential election and the January 6 insurrection on the United States Capitol, which he incited and/or assisted, aided or comforted.
Thomas Paine’s answer stood unchallenged and unquestioned as America’s answer and response to monarchical government by Kings and Queens for almost 250 years. That is, until July 1, 2024.
Professor Laurence H. Tribe and I understand the perilous consequences for American democracy of the Supreme Court's embrace of the so-called "independent state legislature" theory exactly the same way. In a word, the theory itself is unconstitutional.
It is not possible to explain any clearer the constitutional error of the Supreme Court’s intended ways — to postpone deciding whether the former president is disqualified — and the eventual catastrophic consequences of this error if Mr. Trump is then elected president,
In the months ahead, the former president can only be expected to ramp up his unprecedented efforts to delegitimize the courts of the United States, the nation’s state courts, and America’s system of justice,
The Supreme Court made a grave mistake in its originalist reasoning striking down New York's "public carry" law yesterday. The ironic silver lining for critics of originalism is that the Court's decision will prove to be the death knell for originalism.
The Colorado state court decided the most pressing constitutional question facing the nation today, holding that the former president did engage in an insurrection to overturn the 2020 presidential election.
I am retweeting this tweet from December 1, the day the D.C. Circuit rejected the former president’s claim that he was entitled to immunity from civil suit and liability for his conduct up to and on January 6, 2021.
This explanation from today’s D.C Circuit opinion for why the former president is not entitled to immunity from civil suit for his conduct “up to and on January 6” is the same explanation for why he is also not entitled to immunity from criminal prosecution for that same conduct.
I will proudly assure everyone on Twitter that I was riveted, laser-like as never before, on that promise to myself beginning promptly at the hour of 1:00 pm Thursday afternoon.
I have been asked time after time over the past year and a half, “Is there any hope for America’s Democracy and, if there is, where is it to be found?"
It is unfathomable as a matter of constitutional interpretation that the Presidency of the United States is not an “office under the United States.” It is even more constitutionally unfathomable, if that's possible,
the profound concerns of the entire Federal and State Judiciaries over Donald Trump’s contemptible attacks on the federal and state courts, the judges of these courts and their families, and the other participants in the judicial process.
That question is simply whether a former President of the United States may be prosecuted for attempting to remain in power notwithstanding the election of his successor by the American People.
Senior Judge Reggie Walton: “We do these jobs because we’re committed to the rule of law & we believe in the rule of law & the rule of law can only function effectively when we have judges who are prepared to carry out their duties without the threat of potential physical harm.”
just as it is the responsibility of the respective State Supreme Courts in the first instance to protect their courts and their state judges from the same.
Almost 250 years ago, in his pamphlet Common Sense advocating for America’s independence from the British Monarchy, Thomas Pain rhetorically asked the same profound question that was put to the Supreme Court in Trump v. United States and he answered it quite differently:
This is the most powerful, most compelling brief on a question of (profoundly important) constitutional law that I have ever read. There is simply no answer to the constitutional case made by
@CREWcrew
for the former president's disqualification .
The Anderson Respondents filed their "Brief on the Merits" in the Supreme Court of the United States today. There is simply no answer to their claim that the former president is disqualified from the “Office of President” by Section 3 of the Fourteenth Amendment:
With pristine clarity, Professor Laurence H. Tribe and Dennis Aftergut explain in this
@USATODAY
essay the compelling case for disqualification of the former president from future "office . . . under the United States" under Section 3 of the Fourteenth Amendment:
For the first time in history, an American president will be on criminal trial in multiple venues -- federal and state -- during a presidential campaign in which he will be the presumptive nominee of the Republican Party for the Presidency of the United States of America.
Courage and truth on display. The insistence upon truth above all else and the unyielding courage of the Federal Judiciary.
The Honorable Royce C. Lamberth, distinguished Senior Judge of the United States Federal District Court in the District of Columbia:
I urge the Senate and the House to quickly conference and resolve their differences in a law that will ensure there will never again be another January 6 in America.
Thank you so much, Jeff. I actually pre-taped the CNN interview half an hour before it ran. From my perspective, the most important discussion Anderson and I had was that with respect to the Constitution's Disqualification Clause in Section 3 of the Fourteenth Amendment.
8.16.23 8:25 PM ET True Legal Intelligence on Display as
@andersoncooper
Hosts J. Michael Luttig
Former Judge of the United States Court of Appeals for the Fourth Circuit
@judgeluttig
A MUST WATCH ( FULL SEGMENT ( 3:55 )
January 6 and the effort to overturn the 2020 presidential election, together with the first criminal trials of an American president, will now become singularly infamous events in American history.
through his vicious, disgraceful, and unforgiveable attacks and threats on the Federal and State Judiciaries and the individual Judges of these courts.
I decided to respond to your at once astute and understanding tweet finally this afternoon, because I have been watching the tweets all day suggesting that I am recovering from a severe stroke, and my friends, out of their concern for me and my family,
have been earnestly forwarding me these tweets, asking me if I am alright. Such is social media, I understand. But I profoundly believe in social media's foundational, in fact revolutionary, value and contribution to Free Speech in our country,
That is why, 16 years after my retirement from the Bench, even then as a very skeptical, curmudgeonly old federal judge, I created a Facebook account and then a Twitter account -- slowly . . . very slowly . . . one account first . . . and then . . . followed . . . by the other.