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Mike Huckabee Just Said The Dred Scott Decision ‘Remains To This Day The Law Of The Land’

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Mike Huckabee just displayed his extreme and willful ignorance about very basics issues of American jurisprudence. 

Mike Huckabee for months has been peddling a faulty understanding of how the law in America works. The former Arkansas governor insists that unless a local, state, or federal lawmaking body, like your city council or the U.S. Congress, passes a bill and it is signed into law, it isn’t law. In other words, everything is illegal unless a law makes it legal. 

On top of that false theory, Huckabee insists that the Supreme Court cannot “make laws.” So if they strike down a law, say, a ban on same-sex marriage, that does not mean that same-sex marriage is legal.

Some may have bought into this fiddle-faddle, but now Huckabee has pushed his unique version of jurisprudence too far.

“Mike Huckabee said Wednesday that the Supreme Court’s 1857 ruling in Dred Scott v. Sandford — which held that all blacks, free or enslaved, could not be American citizens — is still the law of the land even though no one follows it,” Buzzfeed’s Christopher Massie reports today.

Of course, nearly every high school student, and many even younger, know that the 14th Amendment overturned the Dred Scott decision.

“I’ve been just drilled by TV hosts over the past week, ‘How dare you say that, uh, it’s not the law of the land?’” Huckabee told right wing radio host Michael Medved. “Because that’s their phrase, ‘it’s the law of the land. Michael, the Dred Scott decision of 1857 still remains to this day the law of the land which says that black people aren’t fully human. Does anybody still follow the Dred Scott Supreme Court decision?”

Medved asked Huckabee if he would try, if elected president, to overturn the Supreme Court’s ruling on same-sex marriage.

“I don’t think that’s necessary,” Huckabee said. “Because, in the case of this decision, it goes back to what Jefferson said that if a decision is rendered that is not borne out by the will of the people either through their elected people and gone through the process, if you just say, it’s the law of the land because the court decided, then Jefferson said, ‘You now have surrendered to judicial tyranny.’”

“The Supreme Court in the same-sex marriage decision made a law and they made it up out of thin air. Therefore, until Congress decides to codify that and give it a statute it’s really not an operative law and that’s why what Kim Davis did was operate under not only the Kentucky Constitution which was the law under which she was elected but she’s operating under the fact that there’s no statute in her state nor at the federal level that authorizes her,” Huckabee claimed.

Listen:

Needless to say, responses on Twitter have been quick:

 

Image: Screenshot via Courier-Journal 

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OPINION

Speaker Johnson: Marjorie Taylor Greene Turned Me Into a ‘Mental Health Counselor’

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Mike Johnson, the Republican Speaker of the House, admitted to a local Louisiana radio station talk show that U.S. Rep. Marjorie Taylor Greene (R-GA) and some others in the GOP conference force him to spend “half” his day “as a mental health counselor.”

Appearing on KEEL’s “Mike & McCarthy” show, as Daily Mail reported, Speaker Johnson on Tuesday was asked if he and the far-right Christian nationalist congresswoman had “kissed and made up” after she tried to oust him in a dramatically failed “motion to vacate.”

“Oh good grief. You know me, I don’t I don’t carry grudges,” Johnson replied. “I don’t you know, you know, I don’t keep a record of wrongs. I went up to her right after her ridiculous tirade and said, ‘You know what, still gotta work together, Marjorie. … How about training some of that energy against the Democrats?'”

“Look. This is all gonna work out. I spend half my day as Speaker of the House and the other half as a mental health counselor,” getting everybody “through their issues.”

Daily Mail also reported that “in November, McCarthy had a piece of advice for his successor: ‘Bring in a psychiatrist for many of these members.'”

READ MORE: ‘Biggest Felony in American History’: Prosecutor’s Closing Argument Against Trump Praised

In addition to his remarks about the Georgia Republican, Speaker Johnson went after President Joe Biden.

Asked about the southern border, Johnson defended House Republicans, insisting, “we’ve been fighting since Joe Biden walked into the Oval Office and started issuing executive orders to open it wide.

That’s false, there are no executive orders “to open it wide.”

He also ignored how in the Senate, Democrats and Republicans worked for months and came together to craft a tough immigration and border security bill that was supported by President Biden, Senate Democratic Majority Leader Chuck Schumer, Senate Republican Minority Leader Mitch McConnell, and senators on both sides of the aisle – until Donald Trump killed it.

Johnson appeared uninterested in working with Democrats, whom he said he told Congresswoman Greene to fight.

He also insisted House Republicans have been “fighting tooth and nail” against Democrats.

“Here’s the problem. Everybody has to remember. We have the smallest majority and only one chamber of Congress and I have a one vote margin, right,” Johnson lamented. “So I can pass things in the House. But it doesn’t mean it’s gonna become law, because the progressive Democrats run the White House and the Senate and so we sit over our legislation, we pass resolutions. We impeached Secretary Mayorkas at Department of Homeland Security. First time a Cabinet Secretary has been impeached in the history of the United States.”

That too is false. In 1876 the U.S. House of Representatives impeached Secretary of War William Belknap.

Johnson also falsely claimed President Biden and the Democrats “wanted us to not fund the government and [to] shut it down. Because they know that [would be] blamed on Republicans, it would be very painful for the American people and then that would that would make sure that we lost the House majority, the narrow majority that we have, in November.”

During Speaker Johnson’s tenure and during his predecessor’s, Democrats joined with Republicans to keep the federal government open and running, while far-right extremists, including Rep. Greene, wanted to shut it down.

One fact Speaker Johnson neglected to mention: Democrats saved his job when Congresswoman Greene tried to oust him.

READ MORE: Supreme Court ‘Puppetmaster’ Slammed Over Report He’s Flying Alito’s ‘Theocratic’ Flag Again

 

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‘Biggest Felony in American History’: Prosecutor’s Closing Argument Against Trump Praised

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A prosecutor in Manhattan District Attorney Alvin Bragg’s state prosecution of Donald Trump is being praised for his closing argument Tuesday by a top legal scholar who says the ex-president’s crime was “arguably the biggest felony in American history.”

Trump is on trial in lower Manhattan, facing 34 felony counts. Lawfare’s Anna Bower had summed up the case earlier on Tuesday: “Prosecutors allege that Trump falsified business records in order to commit or cover-up a conspiracy to promote his election to the Presidency by ‘unlawful means.'”

Calling his closing argument “devastating,” Harvard University Professor Emeritus Laurence Tribe, a professor of law and top constitutional scholar, quoted New York prosecutor Josh Steinglass.

READ MORE: ‘Wildly Lawless’: Judge Cannon’s Removal Predicted by Top Legal Scholar

“This scheme could very well be what got President Trump elected,” Steinglass told the jury.

Professor Tribe then remarked: “Think this was a minor crime? Think again! It was arguably the biggest felony in American history. Certainly the most harmful.”

MSNBC legal contributor Katie Phang offered some background.

Referring to AMI, then the parent company of the National Enquirer, she writes:

“STEINGLASS: Once AMI purchased stories on a candidate’s behalf and in coordination with the campaign, those purchases became unlawful campaign contributions. I suggest to you that the value of this corrupt bargain at the Trump Tower meeting cannot be overstated. It turned out to be one of the most valuable contributions ever made…. ‘This scheme, cooked up by these men…could very well be what got President Trump elected…'”

READ MORE: Supreme Court ‘Puppetmaster’ Slammed Over Report He’s Flying Alito’s ‘Theocratic’ Flag Again

 

 

 

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News

‘Wildly Lawless’: Judge Cannon’s Removal Predicted by Top Legal Scholar

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U.S. District Judge Aileen Cannon will be removed from overseeing the trial in Special Counsel Jack Smith’s Espionage Act case against Donald Trump, predicts a top constitutional scholar who is calling her rejection of an urgent request from federal prosecutors to place additional restrictions on the ex-president “wildly lawless,” and a “smoking gun.”

Last week Donald Trump, his campaign, and almost immediately his supporters, falsely claimed President Joe Biden had tried to assassinate the ex-president in 2022 when FBI agents executed a legal and lawful search warrant on Mar-a-Lago. Trump had been storing well over 1000 White House items he had taken, including hundreds of classified documents, at his Florida residence and resort. Among those were some of the nation’s top nuclear secrets.

In a fundraising email one week ago Trump’s campaign claimed, “Joe Biden was locked & loaded ready to take me out & put my family in danger.” Trump was out of state when the FBI entered Mar-a-Lago. Federal agents had conferred with Secret Service, and had planned for the search warrant to be executed when the ex-president was not at the club.

READ MORE: ‘The State is Not God’: DeSantis Paid Educators to Teach ‘Christian Nationalism’ Report Says

“Cannon’s wildly lawless rejection of Special Counsel Smith’s clearly correct request for a gag order against fake and dangerous claims that the FBI was ordered to assassinate him is good news,” declared University Professor Emeritus at Harvard University, Laurence Tribe, a professor of law and top constitutional scholar who wrote a major textbook on the U.S. Constitution.

“It’s the smoking gun that will finally lead to her removal from the stolen secrets case,” Professor Tribe added.

Not responding to the substance of the Special Counsel’s request to order the ex-president to not make any statements that could be dangerous to law enforcement, Judge Cannon instead rejected the motion on the grounds Smith’s attorneys should have conferred with Trump’s attorneys before making the request, as ABC News reports.

“The Government moves to modify defendant Donald J. Trump’s conditions of release, to make clear that he may not make statements that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of this case,” federal prosecutors wrote in the filing that Judge Cannon rejected.

READ MORE: Supreme Court ‘Puppetmaster’ Slammed Over Report He’s Flying Alito’s ‘Theocratic’ Flag Again

While the Special Counsel’s prosecutors did confer with Trump’s attorney, Judge Cannon claimed their efforts were “wholly lacking in substance and professional courtesy,” according to ABC News. “Trump’s lawyers argued that the special counsel violated Local Rule 88.9, which says both parties must ‘meet and confer’ before flings motions so the court and the parties’ time is used efficiently. In a filing Monday, Trump’s lawyers asked Cannon to strike the special counsel’s request and impose sanctions on any prosecutors involved in filing their motion.”

Trump’s attorney had wanted to delay any meeting to confer over the issue until Monday, but federal prosecutors, concerned about Trump’s recent remarks, said they could not wait.

“As we also tried to explain earlier, our judgment was that the situation your client has created necessitated a prompt request for relief that could not wait the weekend to file,” Special Counsel prosecutor David Harbach told Trump’s lawyers via email, according to ABC News. “We understand your position and represented to the court that you do not believe the government has engaged in adequate conferral here.”

READ MORE: Trump’s Scheme for Absolute Immunity From State Prosecutions Forever: Report

 

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