‘Send Lawyers, Guns, and Money’ – “The Sunday Political Brunch” -- February 11, 2024
Mark Curtis, MINDSETTER™
‘Send Lawyers, Guns, and Money’ – “The Sunday Political Brunch” -- February 11, 2024

“Trump: Supreme Court Ballot Boot” – The U.S. Supreme Court arguments on Thursday were fascinating. At issue is whether the Colorado State Supreme Court had the right to remove former President Donald Trump from the ballot due to the so-called “insurrection clause” of the 14th Amendment to the U.S. Constitution, passed right after the Civil War. You get where the Court’s 6-3 majority stands, but what about the three Democratic appointees? "I think that the question that you have to confront is why a single state should decide who gets to be president of the United States," said Justice Elena Kagan, one of the three liberal justices. I predicted weeks ago, that the vote would be 9-0 for Trump to remain on the ballot, per Justice Kagan’s thinking.
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“Trump: Appeals Court Immunity” – Former President Donald Trump’s losing streak in court continues. On Tuesday, a three-judge panel from the U.S. District Court of Appeals in Washington, DC, ruled that Trump did not enjoy immunity for his actions as president and therefore, criminal proceedings regarding the January 6, 2021, assault on the U.S. Capitol could move ahead. That upheld a district court ruling. This is fascinating because it’s a test case in that no current or ex-president has ever been indicted until Trump. I still think he has a shot to win this as we are talking about actions, while he was still president, not after.
“Is Politics in Play Here?” Well, two of the appeals judges were appointed by Democrats and one by a Republican, but they agreed. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.” Next stop? The U.S. Supreme Court, where Trump appointed three of its members. That really guarantees nothing. As I always point out, two Justices appointed by President Bill Clinton, cast key “yes” votes that helped lead to his impeachment.
“Biden’s Legal Problems to Compete” – Despite the avalanche of court cases against Donald Trump, the Bidens are hardly immune. Presidential son Hunter Biden remains charged with federal tax and gun-related charges. Critics believe his uncharged father was involved in some of those business dealings. But Thursday President Biden was dealt another harsh blow. Special counsel Robert Hur released a report that concluded Biden “willfully retained and disclosed classified military and national security documents.” But Hur recommended Biden not face charges. Trump who is facing criminal charges related to very similar classified documents went ballistic. So did Biden…
“The War of Words” -- The special counsel’s report chastised Biden and his mental acuity. The report also said Biden did not remember, even within several years, when his son Beau died. "How in the hell dare he raise that?" Biden responded, adding when he was asked about Beau's death during the probe, he thought to himself that it, "wasn't any of their damn business." Trump was angry for a different reason. Trump was charged; Biden was not, for what many feel were similar classified document violations. “This has now proven to be a two-tiered system of justice and unconstitutional selective prosecution,” said Trump.
“Foreign Aid-Border Vote” – Meanwhile there is gridlock in Washington, DC (no surprise). Bills to provide more foreign aid to Ukraine, Israel, and Taiwan remained handcuffed because the sides can’t come to an agreement on putting more money in to protect the U.S. Southern Border. This will be a “top-three” marquee issue in November 2024, as in, “How can you give billions to protect our key allies overseas, and not put a dime in to protect our own border?” It may define the entire election season and outcomes.
“The Nevada Gamble” – Folks, let me be clear. Nevada could be the one swing state that decides the outcome of the 2024 presidential election. That’s why a lot of the maneuvering this week seems silly, but serious at the same time. Democrats and Republicans held a primary on Tuesday, while Republicans held a caucus on Thursday. President Biden won all of the Democratic delegates, and former President Trump appears to have snagged most, if not all of the Republican delegates. This once reliable red state has gone blue in the past several presidential races. A Morning Consult Poll from two weeks ago shows Trump at 43 percent, Biden at 31 percent, and independent Bobby Kennedy at 12 percent. If you knock former Democrat Kennedy out, his 12 percent could make Biden and Trump dead even. As I said last week, Kennedy is a factor!
“Impeachment Beseechment” – As I have written numerous times in recent years, I am not a fan of the weaponization of the impeachment process. It’s simply being overused when the Founding Fathers intended it to be used rarely. On Tuesday, the Republican-led House failed in its efforts to impeach Homeland Security Secretary Alejandro Mayorkas. Four House Republicans sided with Democrats to defeat the measure 216 to 214. But House Majority Leader Steve Scalise was out being treated for blood cancer, so the resolution may come up when he gets back, as one “wobbly” GOP no vote may flip to yes. Will this ever end? Another cabinet member, Defense Secretary Lloyd Austin has agreed to testify before a House committee on why he went “off the grid” and didn’t even tell President Biden he was being hospitalized for prostate cancer. Some in the GOP called for his impeachment, too, but I doubt it will happen.
“Baby Dog the Betting Bulldog” – Well, he’s the candidate for U.S. Senate who may swing control of the upper chamber of Congress back to Republican control. Gov. Jim Justice (R) West Virginia is also known nationally for his 65-pound pet English Bulldog, named “Baby Dog,” who famously mooned Bette Midler after she poked fun of West Virginians a couple of years ago. “Baby Dog” also likes to make sports predictions, such as the Kentucky Derby and World Series.
So, America’s favorite political pooch has called this year’s Super Bowl, Kansas City 31 to San Francisco 17. If Justice goes to Washington, “Baby Dog” goes, too! Can America handle this?
