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Democrats are Getting Desperate (But Do They Have an Ace Up Their Sleeves?)

A Commentary By Brian Joondeph

President Joe Biden is not popular these days. In the Rasmussen Reports daily presidential tracking poll from April 11, only 22% of likely US voters strongly approve of Biden’s job performance. In comparison, 46% strongly disapprove, a 24-point negative swing.

As the likely November 5 matchup will be Donald Trump versus Joe Biden, what are voter preferences seven months out? These numbers cannot be pleasing for Democrats or Never Trumpers.

“The latest Rasmussen Reports national telephone and online survey finds that, in a two-way contest between Biden and Trump, 49% of likely U.S. voters would choose Trump and 41% would vote for Biden.”

The Real Clear Politics average shows a tighter race, with Trump only ahead by a fraction of a point. But most of these polls survey registered rather than likely voters, or simply whoever answers the pollster’s phone call. Rasmussen Reports queries likely U.S. voters.

Thus far, lawfare has not slowed “Teflon Don’s” progress and the nomination is his unless one of the rogue prosecutors, special counsels, or judges can put Trump behind bars. Even then he may still win election and pardon himself.

Desperate times call for desperate measures. Ironically the U.S. Supreme Court, including three Trump-appointed “mostly conservative” justices gave Democrats their ace, starting interestingly in the Mile-High City.

In formerly red, now deep blue Colorado, their leftist Secretary of State attempted to keep Trump off the Colorado primary ballot claiming he is an “insurrectionist."

He has been neither indicted nor convicted for insurrection, other than in the media, but so what. The Colorado Supreme Court, using the logic that we can call a man wearing a dress a woman, chose to call Trump an insurrectionist.

This case predictably traveled east to the U.S. Supreme Court. On March 4 they ruled regarding insurrection, “The Constitution empowers Congress to prescribe how those determinations should be made.”

And that, “Congress, subject of course to judicial review, to pass ‘appropriate legislation’ to ‘enforce’ the Fourteenth Amendment.”

To put it simply, Congress, by a simple majority vote, could pass a bill claiming that trump is disqualified from the upcoming election due to being an “insurrectionist." And just like that, Trump’s off the ballot.

Might this explain the handful of recent GOP House members abruptly resigning? These include Reps Kevin McCarthy, Ken Buck, and Mike Gallagher, each departure trimming an already slim GOP House majority.

Buck hinted that more of his colleagues may resign, potentially leaving Hakeem Jeffries and Democrats controlling U.S. House.

Are these GOP reps leaving by carrot or stick? Financial inducement or kompromat? Or just a desire to backhandedly screw Donald Trump and those Republicans who support him?

It’s then a simple House vote to declare Trump an insurrectionist and ineligible to run for President. Sound far-fetched? It’s already in the works via Democrat Rep Jamie Raskin:

 Raskin pointed to legislation he introduced with Rep. Debbie Wasserman Schultz (D-Fla.) in 2022 creating a pathway for the Justice Department to sue to keep candidates off the ballot under the 14th Amendment.

"We are going to revise it in light of the Supreme Court's decision," Raskin said.

Raskin suggested the bill would be paired with a resolution declaring Jan. 6 an "insurrection" and that those involved "engaged in insurrection."

If the House flips to Democrat control through recent and future GOP resignations, or if a few Trump hating Republicans, like former Reps. Liz Cheney and Adam Kinzinger, vote with the Dems, it’s all over for Trump.

What about the “judicial review” in the SCOTUS decision? Why would the high court challenge a properly passed law, a path they outlined in their recent decision?

As a backup to SCOTUS having second thoughts about last month’s decision, a Democrat-controlled House and Senate could expand the U.S. Supreme Court by 4 justices, liberal of course, and a “Trump is an insurrectionist” law would be rubber stamped. Think this is unlikely?

Congress has the power, exercised in the past, to expand SCOTUS:

Sen. Ed Markey and House of Representatives members Jerrold Nadler, Hank Johnson and Mondaire Jones have scheduled a news conference for Thursday to announce the introduction of the legislation in both chambers. The measure would expand the number of justices from the current nine to 13, according to a copy of the Senate bill reviewed by Reuters.

Such a move could remove Trump from the ballot and likely lead to a 21st-century reinterpretation of the Constitution, tossing the Bill of Rights, and much of America’s former freedoms and liberties.

Democrats and Never Trumpers will have no need to ballot harvest, change election laws, ignore voter ID or signature verification, enlist tech and social media giants to censor, or any other measures to affect election outcomes.

Am I being a conspiracy theorist on election integrity? Hardly. Rasmussen Reports found that, “52% of likely U.S. voters say cheating is likely to affect the outcome of the next presidential election, including 27% who think it’s very likely.”

As nothing thus far has slowed or stopped the Trump train, expect his opposition to try a new tactic. The U.S. Supreme Court gave them an opening and don’t be surprised if they take it.

Most Republicans are nonplussed, oblivious to schemes to make the GOP an irrelevant bunch of back benchers unable to stop the “fundamental transformation of America” into an Orwellian nightmare. From America First to America Last in just a few short years.

Brian C Joondeph, MD, is a physician and writer.

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