Clear and compelling reasons

Reconstruction meets Trump:

[Last] Tuesday, in response to the federal case brought by special prosecutor Jack Smith over Trump’s alleged role in the January 6 insurrection, Trump threatened a new round of violence – or “bedlam” – if he loses the election. In early February, the US supreme court will also rule on the Colorado supreme court’s decision to disqualify Trump from the state’s ballot for his part in the insurrection.

The two cases might appear to be disconnected, but they are inseparable in law and history. They are united by Congress’s Reconstruction-era action to enforce the 14th amendment’s extension of constitutional rights against the former Confederates’ campaign of racial and political violence – the Ku Klux Klan Acts of 1870 and 1871.

Trump is a one-man KKK.

Smith has indicted Trump under the KKK Act, which incorporates the 14th amendment, section 3, of the constitution. The Colorado court’s disqualification comes under the third section of the amendment, which disqualifies from office anyone who has engaged in insurrection against the United States. There are clear and compelling reasons why Trump has been indicted under the KKK Act and disqualified under the 14th amendment, section 3. Those reasons are stated in the indictments and court rulings.

Trump has been charged on the same grounds that Klansmen were prosecuted, not only during Reconstruction but also during the civil rights era of the 1960s, and he has been removed from the ballot on the same basis as Confederate traitors were removed from elective office.

It is precisely under section 241 of the Ku Klux Klan Act, upheld by the supreme court in an opinion that establishes the broadest possible application, that the justice department indicted Donald Trump on 1 August 2023. The indictment was not restricted to Trump’s activities during the January 6 US Capitol riot, but to the period of his conspiracy to stage a coup, a span that began after the election to the day he left office.

To wit, count 4: “From on or about November 14, 2020, through on or about January 20, 2021, in the District of Columbia and elsewhere, the Defendant, DONALD J. TRUMP, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States – that is, the right to vote, and to have one’s vote counted.”

The special prosecutor then made clear that the law that Trump had violated was the pertinent section of the KKK Act: “In violation of Title 18, United States Code, Section 241.”

Trump is the KKK brought back to life.

It’s massively depressing.

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