A Violation of Two Amendments
If you’ve seen a lot of posts online about KOSA, it’s because it has the potential to drastically change the internet.
The Kids Online Safety Act (KOSA) is a proposed bill receiving U.S. Democratic and Republican support.
It pulls on strong concerns about the safety of children, especially the fabricated concerns of LGBT+ topics propagandized by conservatives. It would permit the government to censor the internet at will, restricting what information is available online for everyone, even people in other countries.
The bill would permit attorneys general to prevent basic information about healthcare, mental health, world news, and more from being accessible online, keeping adults as well as children from finding important information and resources.
There are valid concerns about the internet and its ability to harm people, especially children. I have written a thesis specifically about the relationships between mental health and social media. In no way would I ever advocate for increased censorship in the way that this bill does.
It specifically violates the First Amendment of the Constitution, inserting governmental control over people’s speech, the sharing of news, and the sharing of opinions. This would be placing the responsibility of parenting on the government, and allowing them to determine exactly what children -and adults- are allowed to learn.
Furthermore, it is disguised as a bill to ‘protect children’, and that phrase itself has unfortunately become a dog whistle for conservatives referring to LGBT+ topics existing in the world. This bill is extremely dangerous to young LGBT+ individuals.
It is also dangerous to people of different races, nationalities, economic backgrounds, and gun owners. This is because it would virtually mandate age verification. This poses danger for children, people facing domestic abuse, and houseless people, as well as violating the Fourteenth Amendment, which asserts that the state cannot exert undue control over its citizens’ private lives.
Many organizations and websites have initiated petitions and calls to action to express disapproval of this bill, outlining its rights violations, and helping individuals find out how to contact their senators. Some of those resources are linked below.
Additional Resources
1.https://www.eff.org/deeplinks/2024/02/dont-fall-latest-changes-dangerous-kids-online-safety-act
2. https://www.stopkosa.com/
3.https://www.change.org/p/save-our-free-and-open-internet-stop-the-kids-online-safety-act4. https://actionnetwork.org/petitions/censorship-wont-make-kids-safe?nowrapper=true
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I keep seeing news about charges and what-not being piled onto Trump, and all I can keep saying to myself is "but is he going to experience one (1) single consequence of this?"
So... is there any iota of a hope that something could come of this circus that will make the slightest ding in his capacity to run in 2024?
So, the answer to this is a bit complicated - partly because there are a lot of factors and a long time scale, and partly because it depends on how you define "consequences"
If you mean "any serious consequences at all," good news, that has already happened!
If you need to catch up on the whole "cases against Trump" situation, read this: The Cases Against Trump: A Guide. Via The Atlantic, November 1, 2023
1. The New York Fraud Case
A judge has ordered that the Trump Organization must be dissolved in a ruling that is being widely described as a "corporate death penalty." This is an incredibly rare ruling, and a huge deal.
The details will take a while to hash out - currently, Trump's kids are in the middle of testifying in a trial for this fraud case, but it's not to determine whether he's guilty - only the extent of the damages and the outline of how the org will be dissolved. It's extraordinarily unlikely Trump will be able to get out of this one. And high up on the list of things he's probably going to lose? Trump Tower itself.
Now, admittedly, this actually isn't because of, you know, the whole attempted coup thing. It's because the Trump Organization's finances were built on decades of absolutely massive fraud - including the very wealth that Trump lied about in order to explain why people should vote for him.
Oh, and let's not forget that in this case, Donald Trump spent weeks absolutely shit talking the judge to try to "poison the jury pool" (make sure that people on the jury would go in with a negative opinion of the judge already). ONLY TO FIND OUT THAT THERE IS NO JURY IN THIS CASE because his attorneys forgot to request one, so the sole arbiter of his fate is the judge he just spent weeks absolutely slandering in an attempt to win over the jury! And all else aside, judges very infamously do not like being insulted
Oh yeah, and the prosecutors are seeking a permanent ban on Trump doing business in the state of New York
Fraud trial explainer (New York Times, no paywall)
Sources: x, x, x, x, x, x, x, x
2. 14th Amendment Lawsuit
Okay so I did all the other sections first, then came back and wrote this one. It's shorter because of that, and because this issue is a lot newer and doesn't have nearly as much legal stuff or investigations going on yet.
What's happening here is that several states have people who are filing petitions and lawsuits to try to get Trump taken off the ballot for the 2024 election, under the 14th Amendment, which was passed in the aftermath of the Civil War and bars anyone who has committed insurrection from holding office.
So far (as of the first week of November, there are cases to kick Trump off the ballot in about 20 states. Oral arguments have started in Colorado and Minnesota.
Basically, my take on the short version is that this could happen, but we'll have to wait at least a few more months to see how likely it is.
However, even if it does go through, Trump would only be kicked off the ballot on a state by state basis. So, if Colorado kicks him off the ballot, he'll still be on the ballot in the other 49 states, and the process would have to be repeated in each one. Still, even if it was just one state, that could be a big deal, voting-wise - and if he gets kicked off the ballot in more than a couple states, he might not end up being the Republican nominee anymore, given the size of that disadvantage.
Correction, 6 min after posting: It's expected that if Trump DOES get kicked off the ballot in any state, the Supreme Court will hear the case and weigh in. The decision would be binding for all states. Supreme Court probably unlikely to ban Trump from the ballot since they cheated their way into a conservative supermajority and 3 of them are Trump appointees
Explainer: Trial to kick Trump off the ballot in Colorado
Explainer: Strengths and weaknesses of cases to kick Trump off the ballot
Sources: x, x, x, x, x, x, x
3. The Classified Documents Case
So, the fraud case above is actually a civil case (that is, not a criminal case). The classified documents case, however, is a criminal case, and it's arguably the one most likely to lead to legal and political consequences for Trump, in large part because everything's very clear cut.
Like, Trump has literally admitted he retained classified documents on purpose - which is super against the law! Trump is just arguing a variety of nonexistent technicalities for why that law doesn't apply to him. But he did it! We know he did! We have photos of classified documents stored in the Mar-a-Lago bathroom! We have testimony from the employees he ordered to secretly move the boxes before the FBI probe. We have records proving he asked Mar-a-Lago's IT guy about erasing the surveillance footage of the move! We even have proof that a) he stole nuclear secrets, and b) a recording of him waving around the "plans of attack," bragging about them to other people!
All super damning.
(Post continues below, at length; sources at the end of each section.)
And another thing that's extremely key: Trump is charged in this case with violating the Espionage Act. And the Espionage Act explicitly does not give a single fuck about why you retained documents, or whether there's any proof you intended to show anyone. Any and all hoarding of national defense documents is illegal under the Espionage Act - EVEN if they're not classified, which is great since "I declassified them with my brain" (not how it works) is Trump's main defense here.
So, this case is basically the surest criminal conviction - and the most likely to have electoral consequences. Partly because Republicans, as few issues as they care about, generally are security hawks - "Trump stole nuclear secrets and showed them to people" is giving Repubs pause in a way that the insurrection just isn't, probably esp in the military and ex-military demographic.
Trump could also serve jail time if convicted in this case (which again he probably will be).
However, violating the Espionage Act doesn't ban you from running for or holding public office, which imho seems like a pretty major oversight.
Classified documents case explainer
Sources: x, x, x, x, x, x, x, x, x, x
4. The Insurrection
So, this is where things get really complicated, because the case is complicated and so many things about it are so unprecedented.
There are two different cases here: a criminal case in the state of Georgia and a federal criminal case (that's the one run by Special Counsel Jack Smith, who is also running the classified documents case).
I definitely can't summarize all of this huge situation here, but here's some key points re: whether there will be legal consequences:
I actually have a pretty high level of trust in Jack Smith, in large part due to his record: he's serving as special prosecutor while on sabbatical from his normal job of prosecuting war crimes at the Hague. And he's specifically been prosecuting war crimes from the wars and genocides in former Yugoslavia in the 80s and 90s. That specifically gives me a lot of confidence because - as someone whose family is from the region - I think it's a really strong demonstration of his abilities. It means he has a lot of experience prosecuting high-level government and army officials, in a complicated, multi-year, multi-war conflict, where there were way more sides and factions than we have, along with way less documentary evidence (bc 90s), and a lot of history of political corruption and coverups. I find that really reassuring, especially the "experience prosecuting high-level government and army officials" thing in a situation with, shall we say, extremely contested and variable national leadership, during the course of multiple civil wars
"Schwendiman compared it to prosecuting Kosovo’s equivalent of Benjamin Franklin and Alexander Hamilton. “If you indict these people, you’re saying, ‘The founding fathers of Kosovo have committed atrocities, and I’m ready to prove it, in an independent court, with independent judges and rules that apply to everyone.’” And that was Kosovo's founding president. So yeah, I think Jack Smith can handle Trump. Source
Okay now to the points you might have actually heard of lol
The Georgia case is a state level case, which means that no matter what, Trump can't pardon himself in that case
The Georgia case is also charging Trump under the RICO act - aka the rackeeting act, usually used to prosecute organized crime. And convictions under the Georgia RICO Act come with MANDATORY jail time
I think the evidence here is pretty compelling, see: the congressional Jan 6 hearings
There is a pretty high chance that, in a massively unusual step, filming will be allowed inside the trial/hearings. This is HUGE, especially because Trump supporters would actually be watching it too (unlike, generally, the congressional hearings), and that evidence all laid out looks really goddamn bad
Also, if yesterday's fraud trial testimony is any indication, Trump is likely to end up yelling and screaming at the judge, etc. in the trial, which is going to look wildly unprofessional
The federal trial will be taking place in Washington DC, where it should be very doable to get a jury that isn't stuffed with Trump cronies (unlike, say, if the case was brought in Florida)
Trump has attempted witness tampering on a lot of occasions, and tried to poison the jury pool, and he got caught so now he's under a gag order that restricts what he can say re: both of those.
Important note: Jack Smith has brought the narrower of two possible cases against Trump. He's filed against Trump with several conspiracy charges, including "conspiracy against rights," which was historically created to prosecute the KKK for racial terrorism
However, Jack Smith did not actually charge Trump with inciting an insurrection. There are a lot of possible reasons for this, but it mostly boils down to the fact that "inciting an insurrection" is significantly less objectively provable, in this case, esp since "insurrection" isn't actually defined in the relevant law
So, Jack Smith has traded a broader case (the one including insurrection charges) for a case that is much simpler and quicker to argue, and that he's sure he can prove
Jack Smith absolutely knows that he has an effective deadline of November 2024 (aka the next election, because a Republican president would shut down the investigation immediately), and he's planning accordingly
Look. Federal prosecutors - and the prosecutors in Georgia and the other NY case, for bribery of porn star Stormy Daniels - would not be bringing these charges if they did not feel sure they would win. Democracy aside, if any of them lose their cases? That is almost guaranteed to end their careers. So they have a very vested self-interest in only taking on what they are absolutely sure they can prove
The judge in the federal Jan 6 trial is the judge who has given the harshest sentences against any of the Jan 6 rioters, and she is the only judge to have sentenced rioters to more time than the prosecutors asked for
Jan 6 charges against Trump, explainer
Sources: x, x, x, x, x, x, x, x
A Very Hot Take: It might not be a bad thing that Trump is still allowed to run
So, this is my personal take on the situation - I acknowledge that it's a very hot take on the Left, and that I might well be wrong about this. I might be totally misreading the field here. But I genuinely do think that Trump being the Republican candidate for president could be a good thing, and in fact I'll genuinely worry significantly more if Trump isn't the Republican nominee for president.
The why all basically comes down to this: I think Trump will be easier to defeat in the 2024 general election.
Again, look, I may totally be misreading this, and that would be really bad, but here are my thoughts:
Trump is super popular with the far right base - but that same strength makes him a huge liability in the general election. You CAN'T WIN a presidential election without the support of independents and moderates (including "moderates"). This is a really common problem for Republican candidates, actually: the more they move to the right to win the core Republican base, the more they risk hurting their chances in the general election
Independents and moderate Republicans - again, who Trump needs to win with to get the presidency - are significantly more likely to care about, you know, all the stealing classified documents and committing treason things
I can't think of anything that will guarantee people on the left get their asses to the polls better than "Vote or Trump is president again." A lot of the time, with someone who hasn't been president before, voters can lie to themselves and go "Oh it won't be that bad once he's in office," esp among moderates. But now we have proof that isn't the case!
Look, I don't know if Trump is getting dementia or what, but his faculties really do appear to be declining. They'll likely be significantly worse in another year - his speeches are already way worse than there were in 2016. He just can't track what he's saying well enough anymore. This makes it harder for him to make his case to the electorate
He's also the only actual Repub candidate that's about the same age as Biden - which will do a lot to stop the Right from using Biden's age as an effective weapon to get a Repub in office
Honestly, my biggest worry is that DeSantis will be the Republican nominee. I am way more scared of Biden vs. DeSantis than Biden vs. Trump.
Reasons I would absolutely rather Biden face Trump than DeSantis include: DeSantis is way younger and he has way less baggage. Because he hasn't been president yet, voters can do that self-delusion thing that he won't be that bad - that he'll be better than Trump - and that unlike Trump's, his plans will work. People on the left and in the center often don't know who he is yet, and there's not such a huge current of electoral energy to get them to the polls. And most of all - unlike Trump, DeSantis is actually smart. And as part of that, he is capable of a deep and absolutely premeditated cruelty that Trump just doesn't have the attention span or the patience for. Biggest example: actually literally kidnapping undocumented immigrants and sending them to Martha's Vineyard, and all the awfulness that went along with that, including the part where he started a goddamned trend.
Nikki Haley I'm less worried about because her core support base - conservatives - is also the country's core support base for misogyny. I hate to be glad about misogyny, but it genuinely would make it harder for her to turn out ultraconservative votes, especially evangelicals.
Sources: x, x, x, x, x, x, x, x, x, x, x, x
So, yeah, all told I don't actually have "Trump still gets to run for president" super high on the list of things I'm worried/mad about.
Also worth saying that we don't want just being indicted (aka charged with a crime) to disqualify people from running for office, because then all Republicans (or anyone) would have to do to disqualify an opposing candidate is find literally any excuse to charge them with something
But back to your original question! I genuinely DO think he'll face legal consequences, and I genuinely DO think he'll probably face jail time. Which obviously I am rooting for very hard
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Forget hush money payments to porn stars hidden as business expenses. Forget showing off classified documents about Iran attack plans to visitors, and then ordering the pool guy to erase the security tapes revealing that he was still holding on to documents that he had promised to return. Forget even corrupt attempts to interfere with election results in Georgia in 2020.
The federal indictment just handed down by special counsel Jack Smith is not only the most important indictment by far of former President Donald Trump. It is perhaps the most important indictment ever handed down to safeguard American democracy and the rule of law in any U.S. court against anyone.
For those who have been closely following Trump’s attempt to subvert the results of the 2020 election, there was little new information contained in the indictment. In straightforward language with mountains of evidence, the 45-page document explains how Trump, acting with six (so far unnamed, but easily recognizable) co-conspirators, engaged in a scheme to repeatedly make false claims that the 2020 election was stolen or rigged, and to use those false claims as a predicate to try to steal the election. The means of election theft were national, not just confined to one state, as in the expected Georgia prosecution. And they were technical—submitting alternative slates of presidential electors to Congress, and arguing that state legislatures had powers under the Constitution and an old federal law, the Electoral Count Act, to ignore the will of the state’s voters.
But Trump’s corrupt intent was clear: He was repeatedly told that the election was not stolen, and he knew that no evidence supported his outrageous claims of ballot tampering. He nonetheless allegedly tried to pressure state legislators, state election officials, Department of Justice officials, and his own vice president to manipulate these arcane, complex election rules to turn himself from an election loser into an election winner. That’s the definition of election subversion.
He’s now charged with a conspiracy to defraud the United States, a conspiracy to willfully deprive citizens the right to vote, a conspiracy to obstruct an official proceeding, and obstructing that official proceeding. If you’re doing the math, that is four new counts on top of the dozens he faces in the classified documents case in Florida and the hush money case in New York.
So far Trump has not been accountable for these actions to try to steal an American election. Although the House impeached Trump for his efforts soon after they occurred, the Senate did not convict. Senate Minority Leader Mitch McConnell, in voting against conviction in the Senate despite undeniable evidence of attempted election subversion by his fellow Republican, pointed to the criminal justice system as the appropriate place to serve up justice. But the wheels of justice have turned very slowly. Reports say that Attorney General Merrick Garland was at first too cautious about pursuing charges against Trump despite Trump’s unprecedented attack on our democracy. Once Garland appointed Jack Smith as a special counsel to handle Trump claims following the release of seemingly irrefutable evidence that Trump broke laws related to the handling of classified documents, the die was cast.
It is hard to overstate the stakes riding on this indictment and prosecution. New polling from the New York Times shows that Trump not only has a commanding lead among those Republicans seeking the party’s presidential nomination in 2024; he remains very competitive in a race against Joe Biden. After nearly a decade of Trump convincing many in the public that all charges against him are politically motivated, he’s virtually inoculated himself against political repercussions for deadly serious criminal counts. He’s miraculously seen a boost in support and fundraising after each indictment (though recent signs are that the indictments are beginning to take a small toll). One should not underestimate the chances that Donald Trump could be elected president in 2024 against Joe Biden—especially if Biden suffers any kind of health setback in the period up to the election—even if Trump is put on trial and convicted of crimes.
A trial is the best chance to educate the American public, as the Jan. 6 House committee hearings did to some extent, about the actions Trump allegedly took to undermine American democracy and the rule of law. Constant publicity from the trial would give the American people in the middle of the election season a close look at the actions Trump took for his own personal benefit while putting lives and the country at risk. It, of course, also serves the goals of justice and of deterring Trump, or any future like-minded would-be authoritarian, from attempting any similar attack on American democracy ever again.
Trump now has two legal strategies he can pursue in fighting these charges, aside from continuing to attack the prosecutions as politically motivated. The first strategy, which he will no doubt pursue, is to run out the clock. It’s going to be tough for this case to go to trial before the next election given that it is much more factually complex than the classified documents or hush money cases. There are potentially hundreds of witnesses and theories of conspiracies that will take much to untangle. Had the indictment come any later, I believe a trial before November 2024 would have been impossible. With D.C. District Judge Tanya Chutkan—a President Barack Obama appointee who has treated previous Jan. 6 cases before her court with expedition and seriousness—apparently in charge of this case, there is still a chance to avoid a case of justice delayed being justice denied.
If Trump can run out the clock before conviction and be reelected, though, he can get rid of Jack Smith and appoint an attorney general who will do his bidding. He could even try to pardon himself from charges if elected in 2024 (a gambit that may or may not be legal). He could then sic his attorney general on political adversaries with prosecutions not grounded in any evidence, something he has repeatedly promised on the campaign trail.
Trump’s other legal strategy is to argue that prosecutors cannot prove the charges. For example, the government will have to prove that Trump not only intended to interfere with Congress’ fair counting of the electoral college votes in 2020 but also that Trump did so “corruptly.” Trump will put his state of mind at issue, arguing that despite all the evidence, he had an honest belief the election was being stolen from him.
He also will likely assert First Amendment defenses. As the indictment itself notes near the beginning, “the Defendant has a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won.” But Trump did not just state the false claims; he allegedly used the false claims to engage in a conspiracy to steal the election. There is no First Amendment right to use speech to subvert an election, any more than there is a First Amendment right to use speech to bribe, threaten, or intimidate.
Putting Trump before a jury, if the case can get that far before the 2024 elections, is not certain to yield a conviction. It carries risks. But as I wrote last year in the New York Times, the risks to our system of government of not prosecuting Donald Trump are greater than the risks of prosecuting him.
It’s not hyperbole to say that the conduct of this prosecution will greatly influence whether the U.S. remains a thriving democracy after 2024.
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