Got a lot to cover tonight about a sad, sad man named Trump -- former U.S. President Donald Trump. Richard Rosales (THE ARTISTREE) notes:
However, Donald Trump’s presidency diverged significantly. He asserted unprecedented authority, claiming immunity from legal processes and even incited violence, as seen in the events of Jan. 6. In his bid for re-election, Trump continues with a pattern of intimidation and vengeance against opponents.
His legal battles, including claims of immunity, have been consistently dismissed by the courts, highlighting the dangerous precedent of placing former presidents above the law.
Former President Donald Trump on Saturday questioned why Nikki Haley’s husband wasn't on the campaign trail, drawing sharp responses from both the former U.N. ambassador and her husband, who is currently abroad on a National Guard mission.
“What happened to her husband?" Trump told a crowd in Conway, South Carolina, as he and Haley held events across the state ahead of its Feb. 24 Republican primary. "Where is he? He’s gone. He knew. He knew.”
Responded Haley in a post on X: “Michael is deployed serving our country, something you know nothing about.”
It's the latest example of Trump disparaging his opponents based on their U.S. military service, going back to his questioning of whether the late Sen. John McCain, a prisoner of war in Vietnam, was a hero because Trump liked “people who weren’t captured." Throughout his political career, Trump has been accused of disregarding longstanding norms on avoiding attacking current or past servicemembers or people in a politician's family.
During a rally in Coastal Carolina University in South Carolina, Trump questioned the whereabouts of Haley’s husband, Maj. Michael Haley, who is serving an active duty deployment in the Horn of Africa for the South Carolina Army National Guard.
“The answer is that Major Haley is abroad, serving his country right now,” Biden posted on X on Sunday.
“We know [Trump] thinks our troops are ‘suckers,’ but this guy wouldn’t know service to his country if it slapped him in the face.”
Do states have a constitutional responsibility to apply the 14th Amendment in the way it organizes presidential primaries?
Justice Samuel Alito explicitly asked this question to Johnathan Mitchell, Trump’s lawyer, who responded: “Not that I know of.”
I found this astonishing, since there is a fundamental precedent by the Supreme Court that explicitly resolves the issue: Smith v. Allwright, 321 U.S. 649 (1944). Lawyers generally call it the “white primary” case, since it involved a Texas statute, authorizing the state’s Democratic Party to allow only whites to vote in its political primaries.
When voting officials followed the party’s decision and refused to allow Blacks to vote in its primary, the Supreme Court repudiated their decision. The opinion explicitly states that the 14th Amendment restricts the authority of the states to determine candidate qualifications. For present purposes, it is enough to quote his closing paragraphs:
The United States is a constitutional democracy. Its organic law grants to all citizens a right to participate in the choice of elected officials without restriction by any state because of race. This grant to the people of the opportunity for choice is not to be nullified by a state through casting its electoral process in a form which permits a private organization to practice racial discrimination in the election. Constitutional rights would be of little value if they could be thus indirectly denied.
The privilege of membership in a party may be, as this Court said in Grovey v. Townsend, no concern of a state. But when, as here, that privilege is also the essential qualification for voting in a primary to select nominees for a general election, the state makes the action of the party the action of the state.
321 US at 666. (my emphasis)
To be sure, Southern Democrats deployed other means of suppression to exclude Blacks from white primaries until the Civil Rights revolution enabled President Lyndon Johnson to gain decisive congressional support for the Voting Rights Act. Nonetheless, if the court fails to enforce the terms of Section 3 of the 14th Amendment, and uphold Colorado’s disqualification of Trump, it would be repudiating a decision by the Supreme Court that marked the very beginning of the struggle for equal voting rights in the 20th century.
Commenting on his "menacing tone," she explained, "Alito was saying: 'Well, if you allow Colorado to knock Trump off the ballot, there’ll be more lawsuits by people who are willing to weaponize the legal system.' And I guess there’s only one answer to that, the answer that Jason Murray gave, which was that courts actually do know what to do with frivolous, threatening lawsuits that have no point. But another answer could be: 'I’m sorry, Justice Alito, are you threatening me?'"
An influential conservative legal figure, Luttig gained broader prominence after the presidency of Donald Trump, characterizing him as "a clear and present danger to American democracy," and advocated invoking the Fourteenth Amendment to render Trump ineligible to serve a second term as president.[1][2][3][4]
“There’s no question whatsoever that the former president engaged in an insurrection against the Constitution when he attempted to remain in power beyond his constitutional term of four years and denied President Joe Biden the powers of the presidency to which he was entitled, having won the election by a vote of the American people. All of this prevented the peaceful transfer of power for the first time in American history,” he continued.
“This is precisely the insurrection that disqualifies one under Section 3 of the 14th amendment. So you’re right, that is the only legal issue. But there are such massive political consequences, that although the Supreme Court ought not consider those undoubtedly they will consider them, but the Constitution requires the disqualification of the former president,” explained the retired judge.
This is C.I.'s "Iraq snapshot" for today:
The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights organization, today condemned anti-Muslim remarks made by actress Selma Blair and encouraged her to apologize and dialogue with the Muslim American community.
CAIR also called on film studios and talent agencies to stop punishing artists who express support for Palestinian human rights while ignoring hateful remarks by artists who support the ongoing genocide in Gaza.
In a comment on Instagram, Blair reportedly wrote: “Deport all these terrorist supporting goons. Islam has destroyed Muslim countries and then they come here and destroy minds.
They know they are liars. Twisted justifications. May they meet their fate.”
According to allegations posted online, Blair has also allegedly liked other posts on social media that expressed anti-Muslim and anti-migrant sentiment.
In a statement, CAIR National Deputy Director Edward Ahmed Mitchell said:
“No one is born a bigot, and we should never assume that someone is doomed to remain a bigot.
“Based on the hateful and ignorant remarks that Ms. Blair made, we doubt that she has ever engaged in any meaningful interactions with her Muslim colleagues in Hollywood or other members of the American Muslim community. We encourage Ms. Blair to apologize, and we also invite her to dialogue with our community.
“We also call on Hollywood studios and agencies to stop punishing artists who express support for Palestinian human rights while ignoring hateful comments by artists who support the ongoing genocide in Gaza.”
CAIR recently released new civil rights data showing that it has received 3,578 complaints during the last three months of 2023 amid an ongoing wave of anti-Muslim and anti-Palestinian hate. Most recently, in Austin, Texas, a man screaming racist slurs attacked a group of Palestinian American Muslims who had just attend a pro-ceasefire protest.
On Monday, Feb. 12, (noon ET), CAIR plans to hold a news conference with the sons of Samaher Esmail, an American citizen and grandmother from New Orleans who was recently kidnapped, beaten, and denied access to medicine by Israeli forces in the West Bank.
Marcia Cross, known for her role as Bree Van de Kamp on the popular TV series Desperate Housewives, has written on her Instagram page: “I’m struggling to comprehend how to live among people with eyes that don’t water, hearts that don’t flinch, and voices that remain silent.”
She ended her statement with emojis of a broken heart and the flag of Palestine.
“There are no words for the horror that has and is being unleashed. And the silence has me believing I am deaf,” she wrote in the post.
Blair was joined by controversial actors Michael Rapaport, who commented on Hamra's video "Love it", and Debra Messing, who posted: "THANK YOU".
Messing herself received backlash for ridiculing the exit of Palestinian Journalist Motaz Azaiza from Gaza on Instagram, going as far as to question Azaiza's journalistic credentials.
They just blew him off and ignored him.
Other governments haven't been as weak as Joe. CNN’s Catherine Nicholls reports today:
The Netherlands must stop the export of F-35 fighter jet parts to Israel within seven days, a Dutch court ruled on Monday, citing concerns that they could be used to violate international law as part of the Israeli campaign in Gaza.
“The court finds that there is a clear risk that Israel’s F-35 fighter jets might be used in the commission of serious violations of international humanitarian law,” The Hague Court of Appeal said in a statement.
“This means that the export of F-35 parts from the Netherlands to Israel has to be stopped.”
Three non-governmental organizations — Oxfam Novib, Pax for Peace, and The Rights Forum — appealed a previous Dutch court decision that allowed the continued export of F-35 parts to Israel.
On Monday, The Hague Court of Appeal said that under several international regulations that the Netherlands is a party to, the country must prevent the export of military equipment if there is a “clear risk of serious violations of international humanitarian law.”
The court said that Israel does not take “take sufficient account of the consequences of its attacks for the civilian population,” adding that its attacks on Gaza have resulted in a “disproportionate number of civilian casualties.”
Lisa O'Carroll (THE GUARDIAN) reports, "The EU’s chief diplomat, Josep Borrell, has said he is 'extraordinarily concerned' about Benjamin Netanyahu’s threats to launch attacks on Rafah with no evacuation plan and no prospect of refugee camps in Egypt."
Doctors Without Borders is also objecting:
Doctors Without Borders, a medical charity also known by its French initials MSF, has said that “Israel’s declared ground offensive on Rafah would be catastrophic and must not proceed”.
“As aerial bombardment of the area continues, more than a million people, many living in tents and makeshift shelters, now face a dramatic escalation in this ongoing massacre,” it said on X.
“Nowhere in Gaza is safe, and repeated forced displacements have pushed people to Rafah, where they are trapped in a tiny patch of land and have no options,” it added.
MSF also said that, since the beginning of Israel’s war on Gaza, the organisation’s medical teams and patients have been forced to evacuate nine different healthcare facilities in the Gaza Strip.
It said the MSF facilities have come “under fire from tanks, artillery, fighter jets, snipers and ground troops, or being subject to an evacuation order”.
A top Biden administration aide privately admitted failures and "missteps" in the communication of US policy regarding Israel's ongoing war in Gaza in a closed-door meeting with Arab American and Muslim leaders in Michigan last week.
"We have left a very damaging impression, based on what has been a wholly inadequate public accounting for how much the President, the administration, the country, values the lives of Palestinians," Deputy National Security adviser Jon Finer was heard telling community leaders in a recording obtained by CBS News. "We are very well aware that we have misstepped in the course of responding to this crisis."
Finer also acknowledged that many in the Arab American community believe Mr. Biden doesn't empathize with Palestinians in Gaza and the occupied West Bank.
The audio recording was verified by a National Security Council official.
Connecticut Democratic Sen. Chris Murphy responded to Finer's remarks Sunday during an interview on "Face the Nation With Margaret Brennan" and said the administration plans to make changes. He pointed to President Biden's Thursday statement that Israel has "gone too far" in Gaza, and a recent call by Secretary of State Antony Blinken for Israel not to dehumanize others as Israelis themselves had been dehumanized by Hamas during the brutal attacks on Oct. 7 that began the current conflict.
The decomposing body of a missing young Palestinian girl was found Saturday in Gaza surrounded by her dead relatives in a bullet-ridden, tank-crushed car near a blasted ambulance and the bodies of two paramedics killed by Israeli troops while trying to save the child.
The plight of 6-year-old Hind Rajab drew worldwide attention after the Palestine Red Crescent Society published a recording of a desperate phone call made by her 15-year-old cousin Layan Hamadeh to the PRCS as her family came under Israeli tank attack while trying to flee to safety in their car in the Tal al-Hawa neighborhood of southern Gaza City at dusk on January 29.
Along with Hamadeh, Rajab's aunt, uncle, and two other cousins were killed. But Rajab—who was wounded in the back and hand—initially survived.
"Come take me. Will you come and take me?" she begged PRCS dispatcher Rana al-Faqeh over the phone, telling her that she was afraid of the dark. "I'm so scared, please come!"
An ambulance was dispatched to rescue Rajab. But it, too, came under Israeli attack, and crew members Yusuf Zeino and Ahmed Al-Madhoun were killed.