Posted by Let’s begin with the presidential oath of office.
“I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” [Library of Congress]
Focus on the words “to the best of my ability, preserve, protect and defend the Constitution of the United States”. Does anyone seriously believe that the man who planned and incited the Insurrection of January 6, 2021, will honor and defend the Constitution of the United States?
Before anyone dismisses this as propaganda from the left note: I remain a registered Republican in spite of the insults from Donald Trump and his school-yard gang. Yes, in their view I’m a RINO.
The Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol [The Report] contains the evidence necessary to prove Donald Trump violated a number a U.S. laws and failed to “preserve, protect and defend the Constitution of the United States”. I will provide some of the evidence in this post. For those who dismissed this report as a setup to discredit Donald Trump, pay attention. This report should have full support of both major political parties and every American devoted to this federal, democratic republic.
In addition, Donald Trump has no immunity from U.S. laws that apply to all citizens of the United States. “The United States Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. It is prepared by the Office of the Law Revision Counsel of the United States House of Representatives.” Although the Supreme Court ruled that the President has immunity for official acts, when does the President have the authority to violate the laws of this country in an official action? If he is violating a law he is not acting officially as President since, constitutionally, he is required to take Care that the Laws be faithfully executed [ArtII.S3.1.3.1 Take Care Clause]. Responsible leaders do not profess “do as I say, not as I do”. There is no title which demands a higher level of responsible leadership than President of the United States.
A Few Pieces of Evidence
The following excerpts from The Report are quotes from Donald Trump.
1. Before the election
| April 8, 2020, Republicans should fight very hard when it comes to statewide mail-in voting. Democrats are clamoring for it. Tremendous potential for voter fraud, and for whatever reason, doesn’t work out well for Republicans. @foxandfriends [p. 201] |
| September 17, 2020, @TrueTheVote There is a group of people (largely Radical Left Democrats) that want ELECTION MAYHEM. States must end this CRAZY mass THE BIG LIE 201 sending of Ballots. Also, a GIFT to foreign interference into our election!!! Stop it now, before it is too late. [pp. 201 – 202] |
2. After the Election
| December 12, 2020, “Wow! Thousands of people forming in Washington (D.C.) for Stop the Steal. Didn’t know about this, but I’ll be seeing them! #MAGA.” |
| December 19, 2020 (1:42 am) “Big protest in D.C. on January 6th. Be there, will be wild!” [p.499] |
| January 6, 2021 (2:24 p.m. “… while the attack was well underway”) Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth! [p.429] |
Which of these statements indicate that Donald Trump will “preserve, protect and defend the Constitution of the United States”? The January 6th quote makes it clear he doesn’t even know what the Constitution requires the Vice President to do at the electoral count. [Article II Section 1, 3 The president of the Senate shall, in the presence of the Senate and the House of Representatives, open all the certificates and the votes shall be counted. The Living U.S. Constitution, Saul K. Padover, 1968] Yes, the president of the Senate is the Vice President of the United States, not your personal friend Citizen Trump.
I encourage you to read The Report and understand the transgressions Citizen Trump perpetrated on January 6th. Now let’s consider the status of Trump vs. The United States, No. 23-939, Decided July 1, 2024.
Presidential Immunity
Please tell me where it is stated the President of the United States is immune from the words and actions of January 6th. If the quotes above reflect official communications from the President, what is the “official message”? I’ll quote from the Syllabus of No. 23-939.
| (3) As for a President’s unofficial acts, there is no immunity. Although Presidential immunity is required for official actions to ensure that the President’s decision making is not distorted by the threat of future litigation stemming from those actions, that concern does not support immunity for unofficial conduct. |
| (b) The first step in deciding whether a former President is entitled to immunity from a particular prosecution is to distinguish his official from unofficial actions. |
The Supreme Court decided to return this case to the lower courts for clarification of official vs. unofficial acts.
| (3) Presidents cannot be indicted based on conduct for which they are immune from prosecution. On remand, the District Court must carefully analyze the indictment’s remaining allegations to determine whether they too involve conduct for which a President must be immune from prosecution. And the parties and the District Court must ensure that sufficient allegations support the indictment’s charges without such conduct. Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial. |
So, the obvious question is: What is the official status of this ruling? The lower courts have not had the time to respond to the Supreme Court. With respect to the Supreme Court ruling, is Donald Trump legally free to take the oath of office on January 20, 2025? This is the most important question in the mind or true patriots.
Chief Justice John Roberts and the Oath
Traditionally, the Chief Justice of the Supreme Court administers the Oath of Office. In 2017, Justice Roberts administered the Oath to Donald Trump. Given the events of January 6th and Supreme Court Case No. 23-939, is it possible for the Chief Justice to administer the oath? Justice Roberts wrote the opinion for No. 23-939, so he knows Citizen Trump’s behavior indicates Donald Trump will not honor this Presidential Oath.
If the Chief Justice does administer the oath, then he is complicit in empowering a man who’s words and actions have directly violated both the Constitution and the U.S. Code of laws.
| 18 U.S. Code § 2383 – Rebellion or insurrection Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) [Source: https://www.law.cornell.edu/ ] |
| ArtII.S3.1.3.1 Take Care Clause: Overview Article II, Section 3: He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. |
Personally, I hope the Chief Justice of the Supreme Court appeals to Congress to delay the Inauguration until the Supreme Court can rule on Donald Trump’s unofficial acts on January 6th.
The End of the Republic?
If Donald Trump is sworn into office, this federal, democratic republic no longer exists. The proponents of the rule of law will no longer have laws to define any rules. If President-Elect Trump follows through with his claim that he will pardon the participants of the January 6th Insurrection, law is dead. He would be overturning valid legal rulings to protect his supporters, not to overturn injustices. He would also be endorsing his illegal and unconstitutional behavior as acceptable and above any laws. Both actions will result in general lawlessness and anarchy because no one will respect, or obey, any of the laws on the books. Why should they? The President of the United States incited a riot and was not convicted of any crimes.
As noted in the previously mentioned Supreme Court ruling, the Court ordered the lower courts to distinguish his official from unofficial actions. In the closing paragraph of the Syllabus, the Court states clearly The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law.
Congress Needs to Act
The Twentieth Amendment offers the following opportunity for Congress to act.
| If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. |
I am confident that Trump’s legal team will immediately challenge the word “qualify” and restrict it to the results of the election. But Article II, Section 4 clarifies a definition of “qualify” with respect to criteria for removing the President from office.
| The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors |
Although Donald Trump has not been convicted of “treason, bribery, and high crimes and misdemeanors”, he does have open federal indictments based on such charges. The fact that the Supreme Court directed the lower courts to reconsider the charges with respect to official and unofficial acts indicates the case is not closed. On this standard of behavior, Citizen Trump does not qualify for holding the office of President. In Federalist Paper 64, John Jay noted …the President and senators so chosen will always be of the number of those who best understand our national interests, whether considered in relation to the several states or to foreign nations, who are best able to promote those interests, and whose reputation for integrity inspires and merits confidence. Donald Trump with a reputation for integrity? I think not.
In Closing
This nation is at the precipice of collapse into anarchy. The news networks have stoked so many emotional fires, there is no possibility of containing them. If Congress acts there is a chance we may slow the spread of this fire. It is imperative to prevent Donald Trump from being sworn in as President. I encourage everyone who reads this to share it with friends, family, and your Congressional representative.
As always, in the words of Edward R. Murrow, “Good night and good luck.”
Joe Allen 