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Laurence Tribe: Interfering in a presidential election … again

<p>Just as partisan leftwing historians such as Jon Meacham and Michael Beschloss bend contemporary history to the unrecognizable left&comma; Professor Laurence Tribe is the go-to scholar for radical leftwing legal spin&period;  That means you will see them all as regulars on MSNBC&period;<&sol;p>&NewLine;<p>Tribe was the Carl M&period; Loeb University Professor at Harvard Law School – and is currently a Harvard professor emeritus&period;  The 81-year-old scholar was born in Shanghai&comma; China&period;  His father was an American and his mother a Russian immigrant Chinese citizen from Harbin&comma; China&period;<&sol;p>&NewLine;<p>Make no mistake about it&comma; Tribe has had an impressive record as he traveled the progressive academic&sol;political worlds&period;  He entered college at the age of 16 to study math&period;  He was a member of the team that won the intercollegiate National Debate Tournament in 1961&period;  He graduated <em>summa cum laude<&sol;em>&period; He followed up with a law degree from Harvard&comma; this time <em>magna cum laude&period;<&sol;em><&sol;p>&NewLine;<p>Tribe had an impressive list of former students&period;  Among them were President Barack Obama&comma; Attorney General Merrick Garland&comma; Justice Elena Kagan and impeachment prosecutors Jamie Raskin and Adam Schiff&period;  He did not turn all his students into leftwing zombies&comma; however&period;  Senator Ted Cruz and Chief Justice John Roberts were also among his students&period; Perhaps they skipped class on Indoctrination Day&period;<&sol;p>&NewLine;<p>Tribe served as a &OpenCurlyDoubleQuote;judicial advisor” to Obama’s 2008 presidential campaign&period;  He was later named as &OpenCurlyDoubleQuote;Senior Counselor of Access to Justice in the Department of Justice&period;” He resigned after a short period due to health issues&period;<&sol;p>&NewLine;<p>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&period;  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&period;<&sol;p>&NewLine;<p>As an attorney&comma; Tribe’s most notable cases involved him defending leftwing positions&period;  He came to prominence as a result of his testimony in opposition to the confirmation of Judge Robert Bork to the Supreme Court&period;  He represented Al Gore in his attempt to have the results of the 2000 presidential election overturned by having the courts agree to a &OpenCurlyDoubleQuote;selective” recount – meaning only recounting in Democrat dominated jurisdictions in Florida&period;<&sol;p>&NewLine;<p>That was not the only time Tribe was involved in attempting to influence or overturn an outcome of a presidential election&period;  In 2016&comma; he was involved in a more sinister effort&period;  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&period;  In what Tribe called a &OpenCurlyDoubleQuote;vote of conscience&comma;” he and his group were able to produce the greatest number of &OpenCurlyDoubleQuote;faithless electors” in the history of the country – electors who were persuaded to violate their own commitments and the will of the voters&period;  Sort of turning them into &&num;8230&semi; oh&comma; I don’t know … fraudulent electors&quest;  Is that not like trying to overturn an election&quest;<&sol;p>&NewLine;<p>Tribe was a national advocate and informal advisor in the two impeachments of Trump – the first to remove him from office&period;  The second&comma; after he left office&comma; was intended to prevent Trump from ever running again since that impeachment trial came after Trump had already left office&period;  Two of the key figures in those efforts were Congressmen Jamie Raskin and Adam Schiff – Tribe’s pupils and protégés&period;<&sol;p>&NewLine;<p>Weeell … Tribe is at it again&period;  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&period;<&sol;p>&NewLine;<p>That issue is being advanced by Democrat lawsuits in a number of states&period;  The untested question is whether that provision of the Fourteenth Amendment applies to Trump&period;   If any of those cases were to remove Trump from the ballot based on an insurrection&comma; one of them would quickly reach the Supreme Court to make a decision that would clarify the issue and set a precedent&period;<&sol;p>&NewLine;<p>For the record&comma; here is the language of the Fourteenth Amendment&period;<&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;No person shall be a Senator or Representative in Congress&comma; or elector of President and Vice President&comma; or hold any office&comma; civil or military&comma; under the United States&comma; or under any State&comma; who&comma; having previously taken an oath&comma; as a member of Congress&comma; or as an officer of the United States&comma; or as a member of any State legislature&comma; or as an executive or judicial officer of any State&comma; to support the Constitution of the United States&comma; shall have engaged in insurrection or rebellion against the same&comma; or given aid or comfort to the enemies thereof&period;”<&sol;em><&sol;p>&NewLine;<p>Tribe rests his case on the unproven belief – or assumption – that &lpar;1&rpar; what happened on Capitol Hill on January 6&comma; 2016 was&comma; in fact&comma; an organized insurrection and that &lpar;2&rpar; Trump had organized it as such&period;<&sol;p>&NewLine;<p>Tribe essentially argues that public opinion – at least the opinion of those on the left – is sufficient to declare January 6<sup>th<&sol;sup> an insurrection and that Trump led it&period;  In fact&comma; Tribe says that if the courts do not determine it to be an insurrection let by Trump&comma; there can be no such thing as an insurrection&period;  That is just biased nonsense – shameful from someone who should know better and probably does&period;  Personally&comma; I think Tribe is using his academic laurels to push partisan poppycock on both points&period; Tribe is promoting vigilante justice&period;<&sol;p>&NewLine;<p>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&period;  He disregards the rule-of-law and the presumption of innocence until convicted&period;  Among all the charges against Trump at this moment&comma; not one of them involves insurrection or even inciting a riot&period;<&sol;p>&NewLine;<p>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&period;  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&period;  Some may see that as a stretch&comma; but in terms of legal arguments&comma; it is not a stretch that is completely out of reach&period;  What he did may or may not have been legal&period;  That would have to be adjudicated&period;  But his actions were arguably unethical and undemocratic&period;<&sol;p>&NewLine;<p>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&period;  In other words&comma; he is a stereotypical leftwinger&period;<&sol;p>&NewLine;<p>So&comma; there &OpenCurlyQuote;tis&period;<&sol;p>&NewLine;

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