Select Page

Laurence Tribe: Interfering in a presidential election … again

Laurence Tribe: Interfering in a presidential election … again

Just as partisan leftwing historians such as Jon Meacham and Michael Beschloss bend contemporary history to the unrecognizable left, Professor Laurence Tribe is the go-to scholar for radical leftwing legal spin.  That means you will see them all as regulars on MSNBC.

Tribe was the Carl M. Loeb University Professor at Harvard Law School – and is currently a Harvard professor emeritus.  The 81-year-old scholar was born in Shanghai, China.  His father was an American and his mother a Russian immigrant Chinese citizen from Harbin, China.

Make no mistake about it, Tribe has had an impressive record as he traveled the progressive academic/political worlds.  He entered college at the age of 16 to study math.  He was a member of the team that won the intercollegiate National Debate Tournament in 1961.  He graduated summa cum laude. He followed up with a law degree from Harvard, this time magna cum laude.

Tribe had an impressive list of former students.  Among them were President Barack Obama, Attorney General Merrick Garland, Justice Elena Kagan and impeachment prosecutors Jamie Raskin and Adam Schiff.  He did not turn all his students into leftwing zombies, however.  Senator Ted Cruz and Chief Justice John Roberts were also among his students. Perhaps they skipped class on Indoctrination Day.

Tribe served as a “judicial advisor” to Obama’s 2008 presidential campaign.  He was later named as “Senior Counselor of Access to Justice in the Department of Justice.” He resigned after a short period due to health issues.

Tribe was co-founder of the leftwing American Constitutional Society – a law policy organization that was formed to counter the influence of the more conservative Federalist Society.  Both groups perform similar functions on the left and right respectively – although that fact is never covered when the media attacks the Federalist Society as a malevolent political force.

As an attorney, Tribe’s most notable cases involved him defending leftwing positions.  He came to prominence as a result of his testimony in opposition to the confirmation of Judge Robert Bork to the Supreme Court.  He represented Al Gore in his attempt to have the results of the 2000 presidential election overturned by having the courts agree to a “selective” recount – meaning only recounting in Democrat dominated jurisdictions in Florida.

That was not the only time Tribe was involved in attempting to influence or overturn an outcome of a presidential election.  In 2016, he was involved in a more sinister effort.  He organized a group of lawyers to provide pro bono legal advice to any Trump Electoral College elector who would switch their vote from Trump.  In what Tribe called a “vote of conscience,” he and his group were able to produce the greatest number of “faithless electors” in the history of the country – electors who were persuaded to violate their own commitments and the will of the voters.  Sort of turning them into … oh, I don’t know … fraudulent electors?  Is that not like trying to overturn an election?

Tribe was a national advocate and informal advisor in the two impeachments of Trump – the first to remove him from office.  The second, after he left office, was intended to prevent Trump from ever running again since that impeachment trial came after Trump had already left office.  Two of the key figures in those efforts were Congressmen Jamie Raskin and Adam Schiff – Tribe’s pupils and protégés.

Weeell … Tribe is at it again.  This time he is supporting an off-the-wall effort to have Trump declared ineligible for public office by using the Fourteenth Amendment – which bars anyone involved in an insurrection against the government of the United States from holding office.

That issue is being advanced by Democrat lawsuits in a number of states.  The untested question is whether that provision of the Fourteenth Amendment applies to Trump.   If any of those cases were to remove Trump from the ballot based on an insurrection, one of them would quickly reach the Supreme Court to make a decision that would clarify the issue and set a precedent.

For the record, here is the language of the Fourteenth Amendment.

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Tribe rests his case on the unproven belief – or assumption – that (1) what happened on Capitol Hill on January 6, 2016 was, in fact, an organized insurrection and that (2) Trump had organized it as such.

Tribe essentially argues that public opinion – at least the opinion of those on the left – is sufficient to declare January 6th an insurrection and that Trump led it.  In fact, Tribe says that if the courts do not determine it to be an insurrection let by Trump, there can be no such thing as an insurrection.  That is just biased nonsense – shameful from someone who should know better and probably does.  Personally, I think Tribe is using his academic laurels to push partisan poppycock on both points. Tribe is promoting vigilante justice.

Tribe pushes back against those who even suggest that the Fourteenth Amendment would not apply unless the person was first CONVICTED of insurrection in a court-of-law.  He disregards the rule-of-law and the presumption of innocence until convicted.  Among all the charges against Trump at this moment, not one of them involves insurrection or even inciting a riot.

Tribe establishes a very low bar for insurrection and a less clear connection to Trump as the leader and cause of even the riot on Capitol Hill.  So low that Tribe’s and his friends’ effort to overturn the 2016 by influencing elections to be unfaithful to their commitment and the will of the voters might be seen as … an insurrection.  Some may see that as a stretch, but in terms of legal arguments, it is not a stretch that is completely out of reach.  What he did may or may not have been legal.  That would have to be adjudicated.  But his actions were arguably unethical and undemocratic.

Tribe is a constitutional scholar who too often ignores the rule-of-law … the presumption of innocence … and the foundation of the constitutional principles of a limited federal government and governance rising from the people.  In other words, he is a stereotypical leftwinger.

So, there ‘tis.

About The Author

Larry Horist

So,there‘tis… The opinions, perspectives and analyses of Larry Horist Larry Horist is a businessman, conservative writer and political strategist with an extensive background in economics and public policy. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. He has testified as an expert witness before numerous legislative bodies, including the U. S. Congress. Horist has lectured and taught courses at numerous colleges and universities, including Harvard, Northwestern, DePaul universities, Hope College and his alma mater, Knox College. He has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. Horist was a one-time candidate for mayor of Chicago and served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He is praised by readers for his style, substance and sense of humor. According to one reader, Horist is the “new Charles Krauthammer.” He is actively semi-retired in Boca Raton, Florida where he devotes his time to writing. So, there ‘tis is Horist’s signature sign off.

21 Comments

  1. frank stetson

    Horist is at it again seeing one thing liberal, the same thing different for conservatives coupled with his advanced stream of logic: “”I’m rubber, you’re glue; whatever you say bounces off me and sticks to you.”

    For some reason, whatever liberals, and right-minded people across the globe, conclude about Trump must be responded to with equal claims against liberals no matter how tenuous the comparison or the reality.

    In this one, it’s “election interference” by Tribe and therefore by liberals in toto.
    The bottom line on this one is the Horist admonition: it’s OK if it’s legal.
    And therein lies the salient difference in the Horist inuendo.

  2. DOMINIC PASQUAROSA

    The Judeo-Bolsheviks left their hating commie home land of Russia, to only carry out their hating of our DEMOCRATIC CONSTITUTIONAL REPUBLIC. They set themselves above WE THE PEOPLE and what better way than to interfere with our constitutional right to vote for who we want and like. The Jews and Finns were the largest communist lovers to come to our country and spread their sadistic ideology. Interfering with our DEMOCRATIC CONSTITUTIONAL REPUBLIC is NOT DEMOCRACY! This ideology needs to banned!!!!! Mr. Tribe needs to find a tribe in a communist/dictator run country to live PERMANENTLY!

  3. Darren

    Every argument from the left always try’s to push the validity that Trump had something to do with J 6th.
    The Facts!
    Trump was not at the Capital while he was giving a speech.
    Trump Said walk Peaceable to the Capital.
    That is it!

    Biden on the other hand clearly gave his permission and was involved in every aspect
    of selling our country out to the highest bidder.
    In fact, I think our country is worth a hell of a lot more than they received.
    Biden could not even do that deal well, just like all of his other bungles!

    Where is Tribe’s opinion on the Biden’s! , Clintons, probably afraid he will be forced to ride an Airplane after that.

    • frank stetson

      D-man: according to the court, so far, there has been sedition proven, nothing more. As to Turnip’s involvement, that’s a case yet to come. The DC case won’t adjudicate that. But as to the facts:

      On 12/19/2020 at 2 am, Trump tweeted that it was statistically impossible for him to lose, or at least that’s what he believes. He then gave notice of a 1.6.2021 big protest in DC stating: “Be there, will be wild!”

      Violent responses began immediately highlighting things that might and did happen. By January 1, Louis Gohmert, a Trump-loving Congressman said: “Basically, in effect, the ruling would be that you got to go to the streets and be as violent as Antifa.” You nailed it Louie. Ted Cruz piled on: “We will not go quietly into the night. We will defend liberty. And we are going to win.” Two out of three ain’t bad, Cancun Cruz. Then again, calling the win is premature ejaculation by you, a typical response no doubt.

      As warm up on 1/6, Trump Jr. yelled to the crowd: “This gathering should send a message to them: This isn’t their Republican party any more. This is Donald Trump’s. “If you’re gonna be the zero and not the hero, we’re coming for you and we’re going to have a good time doing it!” And then he ran all the way home squealing wee, wee, wee.

      Rudy, Trump’s lawyer, added: “If we’re wrong, we will be made fools of,” but if we’re right, a lot of them will go to jail. So let’s have trial by combat.” And then he ran all the way home scaring all the kids along the way….

      After that, Trump hit the stage issuing the quote you love, but don’t put in context: “We will not take it anymore, you’ll never take back our country with weakness. You have to show strength, and you have to be strong … I know everyone here will soon be marching over to the Capitol building. To peacefully, patriotically make your voices heard.” Wink, wink, nudge, nudge….

      “if you don’t fight like hell you’re not going to have a country anymore”.

      Dealer’s choice —– peacefully or patriotically?

      As they enter the Capitol grounds, the protestors are greeted by Josh Hawley with his clenched fist raised high to rally the troops. Trump’s army. Later he scurries away less they actually catch up to him; the move has been choreographed to “Do the Hustle,” but now it’s “Do the Hawley,” you know the song…

      After the siege began, it takes Trump over three hours watching on TV before he does anything to quell the armed violent crowd. He is being peacefully apparently.

      • frank stetson

        Did he incite violence in his speech. IMO, no, not legally. Morally, he and his cohorts combined told people many times to fight, fight like hell, we are coming for YOU, and more. More important, the 1.6.2021 seditionists and other criminals, over 1,100 arrested so far, of those, close to 200 have blamed Donald J Trump, in court, under oath and perjury of law, for inciting them to violence. Trump has not sued a single one for defamation. Many had cast their vote for violence based on Trump’s words since the 11/20 election. That’s in the court record, most often of no value to their sentence beyond a show of remorse.

        Conservatives often complain that it’s Pelosi’s fault as being on the Capitol Police board, for not seeing the possibility of violence. She does not sit on the board and why her and not McConnell? This is a bogus ascertain. If Trump read any social media after his 12/19/2020 invitation “it will be wild” how could he miss that folks were stoked, locked, loaded, and ready for violence? Here’s some of this crap that Trump, most of all, should have seen and seen coming. These are his social media audience of faithful followers. *https://www.citizensforethics.org/reports-investigations/crew-reports/trump-incited-january-6-defendants/*

        IMO – incitement to riot — no, but come on man, he sure is egging folks on and his inner circle is saying it. IMO – led by Trump, yes, in conspiracy with others, but we will never prove it unless someone cracks. The oath/boys in jail sleeping with backs to the wall, in a few months, may loosen lips but chances are they dealt below Trump’s or arms-length like a Biden fly by on a Hunter business call. So it’s the level below Trump that needs to crack, the Rudy’s, Stone’s, and other confidants that MAY have carried Trump’s water on this. But to your point of “the validity that Trump had something to do with J 6th,” there is no doubt that Trump had EVERTHING to do with 1/6. Without Trump at the wheel, it never would have happened. Instead, as usual, we would have had a peaceful transfer of power, a happening that is almost uniquely American. Or it used to be. Before Trump screwed it up.

        If you think Trump was being Presidential on that day, that through the over 60 legal court cases he lost, the half dozen recounts he lost, all the appeals he lost, he truly was robbed and deserved to whip the crowd and country up in this manner, vote for him. You already have. But he’s got over 90 counts against him, over 30 felonies. In two states and the federal courts. How you plan to rationalize that as your President is the end of our Democracy as we will be something else, all together.

        Trump skated on Russia, we screwed up and he got off, for cause. You COULD of convicted him the first impeachment, he extorted Ukraine with our tax dollars to win an election and it was obvious he would cheat again. You SHOULD of convicted him on the second impeachment, his attempts to toss the election were evident enough to impeach and convict and portions of that will convict him in numerous cases now instead.

        But you did not and now you pay as do I. He has blocked out the Republican sun, all things are Trump and not Republican and anyone, any party, that disagrees gets a target on their back and will need to hide or hire security to be safe from the mob. If elected, he has promised to start where 1.6.2021 left off. If that’s the policy you support, so be it, but it’s not patriotic, it’s not even American.

        The only good news in this is that during the dysfunctional Republican handling of the budget, some are shooting themselves in pursuing a Quixotic dream of getting Trump off the hook by defunding DOJ via budget holdouts. By definition it can not be successful, but yet they double-down. A number of Republicans are shocked by this one and have come forward to fight the Trumplicant extremists in numbers not seen since 2017. Hope springs eternal that we can still turn this thing around for the country, for Republicans.

  4. Mike f

    Larry, You overlook some key details on your tome above (is that surprising?). These lawsuits are not solely a democrat led effort-there are many republicans involved in them as well who recognize that trump is a threat to the country. You also mention Tribe’s involvement in the two impeachments-both of which were legitimate but republicans were too spineless to convict (it should be obvious, but given the fools that read and write for the windbag post-asking another country to aid one’s reelection campaign by discrediting your opponent should be a non-starter for impeachment and conviction, and bringing thousands of people to the nations capital because your ego won’t accept the fact that you lost should be a cause for impeachment and conviction-as well as a disqualifier from running again, but again, there are many ignorant people in this country).

    • Dan tyree

      So why ain’t antifa on trial for insurrection? Trump will pardon the patriots WHEN he gets elected

      • Mike f

        Dan-I may have missed it, but I don’t recall anyone on the left breaking into the nation’s Capitol with the purpose of preventing the legislative body from performing their duty and ascertaining who won the election. Nor do I recall an elected democrat president holding a rally for his supporters after they had lost an election and telling them to go to the Capitol and protest the legislators voting on their successor. Had they done that, they would be on trial for insurrection

        • Dan tyree

          No, but there was plenty of burned out towns and people hurt and killed. They antifa bastards had better thank satan that they didn’t fuck with me or mine

          • frank stetson

            Dan, And yet you can name none, source nothing, as usual.

            Still waiting for you to back up those earlier claims. Did you forget? Should I refresh?

      • frank stetson

        Mike f:
        Add in that it’s pretty hard to prove insurrection for burning down a strip mall….. All silliness aside, over 10,000 were arrested during the summer of Floyd. Dan is deluded. Most were curfew violations and failure to disburse. Yeah, they weren’t thrown in the clinker, but processed and released, according to law. About 20% were not local.

        * https://apnews.com/article/american-protests-us-news-arrests-minnesota-burglary-bb2404f9b13c8b53b94c73f818f6a0b7*

        In looking at 300 Federal charges, “The AP found that more than 120 defendants across the United States have pleaded guilty or were convicted at trial of federal crimes including rioting, arson and conspiracy. More than 70 defendants who’ve been sentenced so far have gotten an average of about 27 months behind bars. At least 10 received prison terms of five years or more.” There is no doubt some got leniency, reduced pleas, but so did the 1.6.2021 protestors.

        * https://apnews.com/article/records-rebut-claims-jan-6-rioters-55adf4d46aff57b91af2fdd3345dace8*

        In those Federal cases, only one mention of Antifa, but a lot of out-of-town right wing extremists and other lifer criminals: * https://apnews.com/article/virus-outbreak-race-and-ethnicity-suburbs-health-racial-injustice-7edf9027af1878283f3818d96c54f748*

        Bottom line: there were hundreds of protests that summer, but less that 10% of them had violence. There were thousands of arrests and the more serious Federal charges were prosecuted. There was little arrests, on serious charges for anitifa and BLM — and a few for out-of-town criminals and right wingers pursuing opportunities.

        Look it up D-man. They didn’t get a walk but were not stupid enough to video themselves and put it on the web.

  5. Frank stet

    D-man: I don’t think Trump is connected to Antifa. A closer comparison would be the boys and the keepers. Some got 20 years for what they called, in court, under oath: “listening to Trump .” Trump has not sued for defamation yet.

    But, to answer your question. Most of the summer of floyd protests were peaceful. At the ones with violence, there were arrests and convictions. Some for violence, most for property, few for assault on police like the Republicans on 1.6.2021. I have posted the numbers here before and they are online. Look em up in either place.

    • Dan tyree

      You and Mike F are both full of shit. And the police is Portland ran out and surrendered a police station to the rioters. The National Guard should have come in and laid the fire of hell down on them But that was then. This is now. Until next time.

      • Frank stetson

        Where did the police surrender a station?

        The Guard was called in Portland; why didn’t you look first before you sound so stupid.

        Can you get anything right?

        Still waiting for you to support earlier claims, looks like you got all that wrong too. . .

        • Dan tyree

          Yes they came Portland but wasn’t allowed to do anything. I could have been mistaken. Perhaps it was Seattle that the idiots in city hall called the summer of love. But yes, a police station was seized. The so called cops who were working that station are a disgrace to law enforcement. And when trump is re-elected he will pardon the great patriots. And Frank, just so you know. I’ve caught you in more lies than I can count. But I don’t care. I know that your job is to spin and spin some more bullshit. Just like retard Biden with his bullshit. And there’s fetterman Is the democrat party a crowd of morons? I think so

        • larry Horist

          Frank Stetson … I think you owe Dan an apology. Have you forgotten the Autonomous Zone in Portland in which rioter took over and controlled a section of downtown Portland in including a police stations. The also attacked a federal building and the
          mayor told the National Guard to go home. They interfered with the operation of government … insurrection? They called for revolution.

          • frank stetson

            Think that’s Seattle, similar, but a State away. And it was one station, not “stations” as you say that was abandoned for a month much to the dismay of the mayor and others not consulted with. They did breach a federal building, caused 1.2M in damage and cost police 12M to remove. The Federal response, led by Trump, was bullshit on many levels as noted in the DHS report: *https://www.opb.org/article/2021/04/21/dhsreport-says-750-federal-officers-sent-to-2020-protests-in-portland/#:~:text=As%20of%20Aug.,May%2029%2C%20the%20report%20states*

            At the request of Portland’s mayor, the gov called in the National Guard, I think just for Federal and other major targets. The gov may have dragged feet by a day, and I don’t see where the mayor told them to go home.

            Perhaps you have better sources showing Portland police station takeover, the mayor sending the Guard home. Insurrection? Revolution? wouldn’t doubt they called for it. So what? Not sure what you are trying for with that? Or which “they” you are even speaking about.

            I will add it’s very confusing up there.

  6. Frank stetson

    You can’t even support what you say but you claim you’ve caught me in more lies than you can count.

    Prove it.

    • Dan tyree

      Prove you’re not lying. It’s not about me. For starters you claimed before that the economy is going well. Ok. If you say so. And you never explain why the democrats are better for the country. It’s just all about Trump. I’m sorry you are so scared of him. But just sit back and wait. Helps on the way. Trump is coming. He won’t let our borders be open to illegal setbacks. And that’s not a racist statement. So don’t start with that shit. And hopefully trump will be able to expand our patriot majority on the scotus. I’ll bet that fuel costs will drop by at least 59% on day 1 of his next term. Face it. Retard joe is done. You commiecrats should try to get another candidate. Like Robert Kennedy Jr. Or joe Manchin Face it. Your guy is a crook and a fraud. And also a moron. You should do what’s right for America and vote for Trump. Nobody would know. It’s a secret ballot.

      • frank stetson

        Book em Dan-o says: “Prove you’re not lying. It’s not about me. For starters you claimed before that the economy is going well.” In the words of General Ackbar, “It’s a trap.”

        How about me calling you a dick and then saying “Prove you’re not a dick” as my proof that you are a dick.

        And I don’t believe I said the economy is going well.

        You can not support much of what you say. You call me a liar but can’t prove that either. BUSTED

        As to the rest of rant, screed, it’s and off topic meandering not worthy of response.

        • Dan tyree

          So go vote for Trump anyway. You don’t have to tell anyone. Your comrades will never know unless you tell them. I know that you’re stupid but perhaps you can redeem yourself and become a patriot