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Waiting for the Snowpocalypse and Open Thread

The news in Colorado all week has been dominated by the massive and "historic" snowstorm expected to hit the state this weekend. At 7:00 a.m. Saturday morning, downtown Denver has yet to see a single snowflake. I won't be surprised if it passes right over Denver and hits Ft Collins or Greely on its way north to Cheyenne.

I'll be upset if that happens. I want my Snowpocalypse. I braved the grocery and liquor stores Thursday where goods and foods and bottles of beverages were flying off the shelves faster than the employees could restock them. I got sucked into the mindset of the masses, stocking up on things I'll never use unless there's a big storm like flashlights, candles, an extra blanket. You better believe I want my snow storm. [More...]

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Andrew Cuomo: Sorry but He Will Not Resign

Andrew Cuomo today said he's sorry he made anyone feel uncomfortable but he won't resign.

Good for him. He should not resign. This piling on of accusations from years past with automatic acceptance of the accusers' allegations is simply wrong. This country was founded on the principle of innocent until proven guilty.

Andrew Cuomo is not alleged to have physically assaulted anyone. It's not alleged that he threatened to use or used physical "force" against anyone with the intent of causing them physical injury. He's alleged to have used a "pattern of words and actions that have...made three women who are decades his junior feel deeply uncomfortable, in their collective telling."

By today's moral standards, if true, his words and actions constitutes sexual harassment. By legal standards, it might or might not constitute an actionable civil claim for damages or is unlikely to be a basis for criminal prosecution. (Personally, I think it should be neither, but I don't make the laws, I just defend people charged with breaking them.) [More...]

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Capitol Threat for Thursday: House Cancels Sessions

Due to the threat of a new assault at the Capitol for tommorrow, the House of Representatives has canceled its planned sessions.

Leaving nothing to chance, House leaders on Wednesday abruptly moved a vote on policing legislation from Thursday to Wednesday night, so lawmakers could leave town, according to a senior Democratic aide familiar with the planning.

The Capitol Police issued a release that says:

“We have obtained intelligence that shows a possible plot to breach the Capitol by an identified militia group on Thursday, March 4,” the force said in a statement. “We are taking the intelligence seriously.”

Runaway is the new policy for responding to terror threats? That's not a sign of strength.

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Friday Open Thread

Trump's lawyers are presenting a First Amendment defense. I think arguing that he didn't understand what he was saying, which we all know was too often the case, would be a more credible argument. Or that there was a vast right wing conpsiracy of white supremacists who planned this for months and used him as a patsy, dressing themselves up in Trump and maga gear pretending to be his supporters but he has no idea who the h*ll they were. Shorter version: He was duped into supporting bad guys he thought were good guys.

Trump will be acquitted by spineless Republicans.

I don't think he's planning on running in 2024, I think he's trying to reserve the field for Ivanka or even worse, Don. Jr.

This is an open thread, all topics welcome.

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Monday Open Thread: If Impeachment Won't Work

My view: Skip the impeachment trial and go right to federal and state charges that are distinct enough to pass the Blockburger test so there is no double jeopardy defense.

If you lost a loved one due to corona virus, sue Trump (like the parents of the young trader who committed suicide are suing RobinHood. But for his intentional malfeasance, we would not have had many deaths from coronavirus.

Get a federal or state seizure warrant to freeze or seize all the money in Jared's pass-through company American Made Media Company through which more than a billion in contributions came and went (See the FEC filing).

Charge him with RICO alleging an "enterprise in fact" with
his family which extends the statute of limitations for predicate acts of racketeering to 10 years.

Re-read Lewis Carrol's Alice in Wonderland: "No, No, said the Queen. First the punishment, then the verdict."

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Site-Wide Comments Problem [Fixed Now]

Update [2021-1-26 0:29:44 by hillct]: Service was restored early Tuesday evening. Please feel free to use this thread to confirm proper comment operations, and send an email to the site administration if you continue to encounter difficulty.

[Original Post] Apparently, we have a glitch in our software that has been preventing comments since I posted an article on Joe Biden and his Peloton. I've gotten emails from some of you saying you can't post a comment, and I tried and I can't either. Colin, our webmaster, has been working on this for the past several hours and says it is a very unusual error. Unfortunately, it won't be fixed until tomorrow (Monday). So please stay tuned, and be patient and I apologize for the inconvenience.

I have put up an open thread at Talkleft's Wordpress site available here so you can all have a place to comment. If you haven't already, please register there with the same user name you use here so we all know who you are.

I have deleted the Biden Peloton thread in case the coding in it is what caused the problem.

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Changing of the Guard

America, we survived. Today is a day for celebration.

I thought Lady Gaga and Jennifer Lopez were both terrific. How nice to see normal people like the Obamas and Clintons on center stage instead of toxic outliers.

There will be plenty of time to disagree with the policies of the new Administration for not going far enough, but for today, I'm happy to have my country back. We made it through the worst four years of history.

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Trump Grants 143 Pardons/Clemency Requests

The White House last night released the list of Donald Trump's final 73 pardons and 70 grants of clemency.

As expected, Steve Bannon got his pardon.

Stephen K. Bannon – President Trump granted a full pardon to Stephen Bannon. Prosecutors pursued Mr. Bannon with charges related to fraud stemming from his involvement in a political project. Mr. Bannon has been an important leader in the conservative movement and is known for his political acumen.
That is simply a joke of an explanation. Trump might as well have said: "There's nothing good to say about him, he doesn't deserve it but I'm doing it anyway. I'd rather have him owe me so he's on my team instead of the other team when the subpoenas start flying". Unfortunately, Bannon is likely a snake who will bite him in the as* at the first opportunity. [More...]

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100 Pardons Coming

Only two short days remain until all traces of Donald Trump and his family and entourage will be gone from the White House. What is his game plan for the end of the most mocked and despised administration in history?

Most major news outlets are predicting 100 pardons.

We all expect it to include Rudy Giuliani and Trump's children -- unless Jared and Ivanka are arrogant enough to reject the idea because they are convinced they are not in jeopardy and don't need one.

I expect to see Steve Bannon on the list. If it later turns out that the funding for luring ultra right-wingers to D.C. disguised as Donald Trump supporters to attack the capitol was provided by Bannon, Trump will look like an even bigger as* for pardoning him.

I also think there will be a lot of pardoning of uber-rich folks, or relatives of uber-rich folks. Trump will want to hit them up for money when he's ready to make his comeback.

I don't think Trump is selling pardons, but those close to him sure seem suspect, according to the New York Times.

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House Votes on Impeachment of "World's Most Dangerous Man"

"Donald Trump is a virus. It's time to remove him from his host." Unknown female Rep.

"Donald Trump is the most dangerous man ever to occupy the Oval Office". Rep. Joaquin Castro

Unhinged: Rep. Matt Gaetz

Donald Trump will be impeached by the House today. What will the Senate do? More importantly, what will Mike Pence do if Trump resigns in the next week? I believe he will pardon Donald Trump. Will they make a deal that Trump (who will likely be banned from holding public office in the future by the new Democratic-led Senate)will support a Pence-Ivanka ticket?

I do not care whether Trump finishes his term. I care that Mike Pence not take the helm in the next week because he will eradicate all of the bad karma the Trump family now has hanging over their heads. Pence is the only one who can dissipate it. I hope Congress does not let him.

Colorado's Rep. Diana DeGette is a national treasure. You can tell she used to be a criminal defense lawyer. Gun-toting bar owner/Trump hanger-on Lauren Boebert can't even read her lines without stumbling over them. I don't think her voice wasn't shaking with anger but stage fright. She will never be taken seriously by Democrats.

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Impeachment the Second Time Around

Does practice make perfect? Here is the Impeachment Resoulution now circulating in the House of Representatives.

The charge (Article I): Incitement of Insurrection. The alleged misconduct: Willfully inciting violence against the Government of the United States.

"Willfully" is the required state of mind. (Every crime except strict liability crimes like not wearing a seat belt have two components -- an Actus Reus (act) and a required Mens Rea (Mental State).

"Willfully" is a higher standard than "knowingly". It requires proof the person acted voluntarily and purposely, with the specific intent to do something the law forbids (here, to incite violence). It also includes voluntarily and intentionally assisting or advising another to do something the person knows disobeys or disregards the law.

It is not a defense to acting "willfully" that a person may have believed that his conduct was politically or morally required, or that he believed ultimate good would result from his acts.

So, did Trump intentionally violate a known legal duty? In my view: he intentionally violated dozens if not hundreds of them over the past four years. [More...]

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Britain Refuses to Extradite Julian Assange

Finally, some good news for Wikileaks founder Julian Assange. Britain has issued its ruling denying the request by the U.S. to extradite him.

“I find that Mr. Assange’s risk of committing suicide, if an extradition order were to be made, to be substantial,” Baraitser said in her ruling at London’s Old Bailey court.

“The overall impression is of a depressed and sometimes despairing man, who is genuinely fearful about his future.”

The United States intends to appeal. Assange has been in custody, both at the Ecuadorian embassy and in jail for a decade. Enough. Free him.

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