@judgeluttig
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There is not an Attorney General of either party who would not have brought today’s charges against the former president.
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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.
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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.
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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.
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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.
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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.
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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 +
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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.
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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 . . .
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The former president is testing America’s commitment to American Democracy, the Constitution, and the Rule of Law.
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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.
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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
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Prophetic words from Alexander Hamilton to George Washington in 1792 — as apt and timely today as they were over 230 years ago.
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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:
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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!
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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!
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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.
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He has dared, taunted, provoked, and goaded DOJ to prosecute him from the moment it was learned that he had taken these national security documents.
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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
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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.
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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
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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.
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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,
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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:
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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!
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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.
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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.
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Never again will the world be inspired by America’s democracy in the way that it has been inspired since America’s founding almost 250 years ago.
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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,
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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.
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@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.
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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.
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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 . . .
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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.
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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.
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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.
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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.
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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
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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.
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But for whatever reason, he decided that he would rather be indicted and prosecuted.
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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.
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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.
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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.
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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.
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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.
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These events will forever scar and stain the United States. And they will forever scar and stain the United States in the eyes of the world.
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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.
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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.
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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,
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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.
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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.
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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,
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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.
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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.
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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?"
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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,
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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.
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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.”
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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.
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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 .
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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:
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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:
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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.
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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.
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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.
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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:
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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 )
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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.
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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,
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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,
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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.
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through his vicious, disgraceful, and unforgiveable attacks and threats on the Federal and State Judiciaries and the individual Judges of these courts.
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I was more ready, prepared and intellectually focused (I had thought) during Thursday's hearing than I have ever been for anything in my life. I gather my face appeared "too red" for some on Twitter, betraying to them serious illness. The explanation was more innocent than that.
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Given that the former president had no interest whatsoever in resolving his sordid stand-off with the U.S. Government, it can be assumed that he cynically decided this indictment for his preposterous insistence
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and for that reason I willingly accept the occasional bad that comes from social media, in return for the much more frequent good that comes from it -- at least from the vastly more responsible, respectful speech on those media.
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The causes of our times are America’s Democracy and Rule of Law, and American Bar Association President Mary Smith
@ABAPresident
has convened a blue-ribbon Task Force for American Democracy to steady, protect, and preserve our faltering democracy in the years ahead.
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I apology for the length of this rejoinder. A "Letter to the Editor" seemed futile for the needs and purposes of this tweet. Thank goodness for Twitter!
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This is an historic, tragic, and regrettable day for America.
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As it always is, it was a pleasure to be on with the exceedingly intelligent, articulate, informed
@AliVelshi
this morning to discuss the application of the Disqualification Clause of Section 3 of the Fourteenth Amendment to the former president.
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The only responsibility and power of the Vice President under the Constitution is to faithfully count the electoral college votes as they have been cast.
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At the last minute, I had been able during the weekend preceding my testimony to help my daughter get settled into her new home, where the temperatures were in the upper 90s, and where I was appreciatively, though unwittingly, to get just a little bit of needed suntan!
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The gravamen of disqualification under Section 3 of the Fourteenth Amendment is an insurrection or rebellion against the Constitution of the United States or the giving of aid or comfort to the enemies of the Constitution.
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What is more, as consciously as one can be aware of something subconsciously, I was, in your poetic words of which I was, and am myself, incapable even of conjuring, Mr. Hagan, supremely conscious that,
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The argument from the constitutional text of the Elections Clause (Article I, Section 4, Clause 1) that the North Carolina Supreme Court properly interpreted the United States Constitution
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he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him,” Jefferson wrote to James Madison in 1787.
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Professor Laurence Tribe
@tribelaw
and I have written this essay on the Supreme Court's decision in Anderson v. Trump, which
@TheAtlantic
has just posted.
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Nothing less is at stake in this historic trial than the American experiment in democracy and democratic government itself, which began with our Nation’s founding almost two hundred and fifty years ago.
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that the former president did not take an oath “to support the Constitution of the United States” within the meaning of Section 3 when he took took the presidential oath “to preserve, protect, and defend the Constitution of the United States.”
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is to disqualify any person who, having taken an oath to support the Constitution, engages in an insurrection or rebellion against the Constitution. The former president did exactly that when he attempted to overturn the 2020 election and remain in office
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"acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means." The court thus found as both fact and law the preconditions to the former president's disqualification under Section 3.
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It is a false dichotomy to suggest that the question of the former president’s disqualification under the Fourteenth Amendment presents the binary question of whether his disqualification is anti-democratic and anti-Rule of Law or democratic and Rule of Law.
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