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FERN MCBRIDE (NYC)'s avatar

OPINION: 'Will Trump ever be held accountable? The Justice Department just increased the odds.'

Laurence H. Tribe, Carl M. Loeb University Professor emeritus and a professor of constitutional law emeritus at Harvard Law School wrote the Opinion, titled above, which was published yesterday in the Washington Post. As a lawyer Professor Tribe won 35 cases before the Supreme Court of the United States.

The following are excerpts from his Opinion:

'Donald Trump managed to evade legal accountability throughout his presidency. That might be about to change — and the newest sign comes in a brief filed by the Justice Department. It doesn’t directly address the former president, yet has ominous implications for his ability to avoid responsibility for his role in the Jan. 6 insurrection.'

'The Justice filing came in a lawsuit in which Rep. Eric Swalwell (D-Calif.) and a number of Capitol Police officers have sued Trump and others for their roles in the insurrection. One of those named in the suit, Rep. Mo Brooks (R-Ala.), claimed that he is immune from personal liability under a law known as the Westfall Act, which shields federal officials acting within the scope of their' employment.

'U.S. District Judge Amit P. Mehta asked for the Justice Department’s position, and, in a filing Tuesday, the department resoundingly rejected Brooks’s view. This is a correct — indeed, an unavoidable — interpretation of the law. It is a view that is directly relevant to Trump’s potential liability in the Swalwell lawsuit and other pending litigation, ...'

The department first invoked Brooks’s own “defense” that his appearance at Trump’s Jan. 6 rally before the insurrection was “campaign activity,” not part of his official position: He was trying to get Trump declared the winner of the 2020 election and to promote GOP wins in 2022 and 2024. That was, the department properly concluded, political activity, not remotely covered by any immunity.

Even if Brooks’s appearance was not deemed campaign-related, the department added, he still is not entitled to immunity because he was accused of violating federal law — by definition, not part of his job. “Instigat[ing] a violent attack on the U.S. Capitol … plainly could not be within the scope of federal employment,” the brief said.

'Where does that leave Trump, who is also a defendant in the lawsuit and has also asked that it be dismissed? Not in great legal shape, in my view.'

'Tellingly, the department’s brief said, “Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative — or any federal employee,” a category manifestly including the president himself.'

Here is a link to the full Opinion:

https://www.washingtonpost.com/opinions/2021/07/29/will-trump-ever-be-held-accountable-

justice-department-just-increased-odds/

The pandemic rages on as do some of the worst governors in our country's history. In truth, it would be better to leave that judgement to Heather. Quite a number of us vented our anger yesterday concerning the madness in the country, following Annette's lead.

The madness continues. Here are links to several stories in today's New York Times. They contain information about the coronavirus, including the Delta variant, which will not ease our anxiety but provide valuable information:

https://www.nytimes.com/live/2021/07/29/world/covid-delta-variant-vaccine/

https://www.nytimes.com/interactive/2021/07/29/us/delta-variant-risk-map.html

https://www.nytimes.com/interactive/2021/07/29/world/europe/europe-us-vaccination.html

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Melinda's avatar

Re COVID, I received this message last night from my PhD, biogenetic researcher sister-in-law:

Covid Delta virus

When infected with the new Covid Delta virus, there is no cough, no fever.

There is a lot of joint pain, headaches, neck and upper back pain, general weakness, loss of appetite and pneumonia, this is Cubid Delta!

And of course, it is more venomous and has a higher mortality rate and sometimes asymptomatic!  Let's be more careful because of this

This strain does not live in the nasopharynx area !

Now it directly affects the lungs, meaning shorter periods of time.

Please avoid crowded places, keep a distance of 1.5 meters even in open places.  Use double masks and wash hands frequently (after coughing or sneezing).

Please no hugs and kisses, it's very dangerous right now, suppose everyone is asymptomatic.

* WAVE * is much more deadly than the first

* 19 *.  So we have to be very careful and take *all kinds of precautions.*

Do not keep this information to yourself.

Share it as much as you can, especially with your family and friends.

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