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There is a sense of dread and anticipation in me for Election Day. I might ask for the day off to just be available in case people need protecting —and I DON’t mean armed protection. I don’t own any weapons except my passion for our democratic processes. I guess I’m thinking of the Wall of Moms in Portland. I don’t want anyone to feel intimidated.

Did any of you see the post circulating in social media that had a list of questions Dems on the Judiciary Committee should pose to Amy Coney Barrett? The writer said they shouldn’t fight her confirmation, but rather ask her to explain the emoluments clause, and then ask if Trump has defied it. Ask her to explain the Hatch Act and then what she thinks about the multiple times Trump’s administration broke that law. Ask her to explain Congressional Oversight, and how Senate Republicans have neglected their duties. I loved that post.

Thank you, Dr Richardson, for your Letter today. For all of them.

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I saw this from commenter Bill Svelmoe on one of Dr. R's letters last week. Here is an excerpt of what he wrote; hope it is okay with him.

DIRECT QUOTE BELOW

Judge Barrett, would you please explain the emoluments clause in the Constitution. [She does.] Judge Barrett, if a president were to refuse to divest himself of his properties and, in fact, continue to steer millions of dollars of tax payer money to his properties, would this violate the emoluments clause?

Then simply go down the list of specific cases in which Trump and his family of grifters have used the presidency to enrich themselves. Ask her repeatedly if this violates the emoluments clause. Include of course using the American ambassador to Britain to try to get the British Open golf tournament at a Trump property. Judge Barrett, does this violate the emoluments clause?

Then turn to the Hatch Act.

Judge Barrett, would you please explain the Hatch Act to the American people. [She does.] Judge Barrett, did Kellyanne Conway violate the Hatch Act on these 60 occasions? [List them. Then after Barrett's response, and just fyi, the Office of the Special Council already convicted her, ask Barrett this.] When Kellyanne Conway, one of the president's top advisors openly mocked the Hatch Act after violating it over 60 times, should she have been removed from office?

Then turn to all the other violations of the Hatch Act during the Republican Convention. Get Barrett's opinion on those.

Then turn to Congressional Oversight.

Judge Barrett, would you please explain to the American people the duties of Congress, according to the Constitution, to oversee the executive branch. [She does so.] Judge Barrett, when the Trump administration refuses time and again [list them] to respond to a subpoena from Congress, is this an obstruction of the constitutional duty of Congress for oversight? Is this an obstruction of justice?

Then turn to Trump's impeachment.

Read the transcript of Trump's phone call. Judge Barrett, would you describe this as a "perfect phone call"? Is there anything about this call that troubles you, as a judge, or as an American?

Judge Barrett, would you please define for the American people the technical definition of collusion. [She does.] Then go through all of the contacts between the Trump administration and Russians during the election and get her opinion on whether these amount to collusion. Doesn't matter how she answers. It gets Trump's perfidy back in front of Americans right before the election.

Such questions could go on for days. Get her opinion on the evidence for election fraud. Go through all the Trump "laws" that have been thrown out by the courts. Ask her about the separation of children from their parents at the border. And on and on and on through the worst and most corrupt administration in our history. Don't forget to ask her opinion on the evidence presented by the 26 Trump accusers. Judge Barrett, do you think this is enough evidence of sexual assault to bring the perpetrator before a court of law? Do you think a sitting president should be able to postpone such cases until after his term? Judge Barrett, let's listen again, shall we, to Trump's "Access Hollywood" tape. I don't have a question. I just want to hear it again. Or maybe, as a woman, how do you feel listening to this recording? Let's listen to it again, shall we. Take your time.

Taking this approach does a number of things.

1. Even if Barrett bobs and weaves and dodges all of this, it reminds Americans right before the election of just how awful this administration has been.

2. None of these questions are hypothetical. They are all real documented incidents. The vast majority are pretty obvious examples of breaking one law or the other. If Barrett refuses to answer honestly, she demonstrates that she is willing to simply be another Trump toady."

END OF QUOTE

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I heard Dan Abrams say this wouldn’t work as she would not answer questions like this. But it might refresh the public’s memory.

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Rachel Maddow suggested this be the tactic and only Kamala Harris do the grilling.

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The point would be the questions, not her answers or deflections. I would LOVE to see Democrats have the fortitude to do this. May it be so.

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And the transcript from these hearings will go into the Congressional Record.

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Yes, Bill Svelmoe's #1 comment says "...it reminds Americans right before the election of just how awful this administration has been." I just think it's a worthy exercise for the hearing.

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Unfortunately, Bill, Senate Rules limit the Democrats to 30 hours of questioning. The only way to defeat her nomination is to get more Republicans to vote against her. It won't take many. This might happen once they recognize that Biden is going to win an overwhelming victory in both the popular and electoral votes and that many G.O.P. Senators will lose their seats in the onslaught. Belshezzar got the message and Republican Senators should as well. "Mene Mene Tekel Upharsin" (Daniel 5-25)

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Thanks, Jacob. My point in re-posting Bill's comment was not an attempt to defeat her nomination in the face of a Republican majority but more so to create a clear record to the American people, and to posterity, of the present administration's assault on the Constitution. I like your thought, though, and hope it happens as you describe!

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A clear record for the American people, and to posterity, might be helpful to future historians, like Egyptian hieroglyphics are to us today, but that doesn't address today's challenges.

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Funny how Trump's outrage du jour diverts attention from yesterday's exploded bombshell. His administration is a moonscape of bomb craters.

Headline in this morning's NY Times; "Republicans Distance Themselves, Again..." Nothing creates distance like a vote to impeach, right Mitch?

Senator Collins, have you learned YOUR lesson?

Please excuse me but my seething anger toward the Republican Party, not Trump, for allowing this horrible, horrible destruction of the basic foundations of our government and society to continue is burning me up like those western wildfires. Remember those? They're still burning too.

Thank you HCR, again, for helping us focus our attention.

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Yes, the GOP enables this assault to our liberty (and senses).

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Indeed. Trump is awful, but Mitch McConnell is pure evil.

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Both are!

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I spent some time in Northern Ireland learning about the Troubles there. The sense of foreboding was strong. I watched my dad wrestle with the in-absorbable psychic wounds of 40 months as a POW after the fall of Bataan. You just don’t dump out hatred and think it won’t lead to horrors. Yet here we are.

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My heart is deeply moved by the suffering your dad endured not only during those 40 torturous months, but in the following years as well. I salute him for his service.

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Thank you. Due to politics at the time, and a certain general who also suffered from NPD, the men of the Philippines returned to us without full honors. That general shamed them for being captured, after abandoning them without access to munitions and supplies or rations. Said general also made certain they were not rewarded or compensated by the military in contrast to Eisenhower and the men captured in Germany. These men witnessed and suffered horrors untold. There is much to learn from them about fomented-hatred. Even more to learn about leadership by malignant narcissism. This has been a repeat of history that has rocked me to my core.

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The president of my country asked that white supremacists be on "stand-by" for the election. For me and my family watching, that was the most important moment of the evening. In fact, it was the only moment. For us, there were no other moments or statements. I suppose our perspective might be different from others, who may be more concerned about the debate format, policy questions, and other such things.

He has succeeded in getting us to discuss 'format'. There is no 'format'. It would be irresponsible to give him another opportunity to call vigilante militant white supremacists to arms on live national television. There is no magical 'better set of rules' that will work, though I'm sure, right now somewhere, a room filled with smart people is attempting to conjure such rules. What fantasy is that?

From this point on, the debate commission is complicit.

Quote: "Trump basically said to go f--k them up! this makes me so happy,"

- Proud Boys organizer Joe Biggs, on the conservative social media platform Parler

Now, if you'll excuse me, I have an errand.

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My 97-year-old father has been a Republican his entire life. We discussed this the other night. He said for the last 20 years, he has been unable to see what the Republican Party has become as the Party he used to vote with. The tide turned for him, and when Trump was elected, it really hurt him to see what this country has turned into. This man fought in 2 wars for his country, and now he can't even call it "his" country anymore. He has asked many people what they want in a leader for the US, and he said they act as though they are afraid to answer him. These are not the ravings of a deranged person; his mind is as sharp as it was 40 years ago. He lives in a solid red state, but will not vote to make it remain so.

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So sorry to have to agree with you, but I agree with you.

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Exactly. Do not give Hitler a podium and microphone. No "rules" will stop Trump from inciting his white supremists troops to violence (at the polls and elsewhere) while his mike is hot. That will be his goal.

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LeMel, may I quote you (with attribution) on FB and Twitter? Your argument precisely cuts to the root of the problem.

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of course

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Thanks much!

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I don’t think the echoing of Civil War era language is weird at all. That’s what they are trying to push us towards. Proud Boys and those like them have said as much outright. Steve Bannon was pretty clear at the beginning of trump’s reign of terror that total destruction of the US government was the goal. Sarah Kendzior has shown that their goal is to break apart the US and “sell it for parts” for profit. We are on the very knife’s edge of losing our country.

So, and this is an honest question, what do people like me do when the fighting starts? I am a middle aged white woman. I do not own a gun and am not physically fit to fight. I have preexisting conditions that make me vulnerable to covid. I feel like, other than do all the things we are usually told to (ie: vote and help others to do so), all I can do is wait in fear until it comes for me and/ or those I love. It’s not a good feeling.

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I’m an election worker. I wrote the commission yesterday asking them to address these increased threats in our usual preelection training. I’m afraid these threats will keep people from going to vote, or, God forbid, result in actual intimidation or assaults.

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I’ve signed up for the first time and had my training a couple of months ago. In NY there are always a registered Democrat and Republican at every table. My mail in ballot came yesterday too and there are two signature lines on the outside envelope for a Democrat and republican to sign as well. I also remember being told that protestors can’t be within a certain distance of the front door and definitely not inside. Two months ago I wasn’t worried. Now admittedly I’m concerned but I won’t let it stop me from helping out.

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In all sincerity, thank you for your service.

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I'm an election worker, too, and just signed up for additional work at early voting sites in my county. It's very worrisome to hear these amped-up calls by the President for "his people" to watch the polls. We'll keep the polls open come hell or high water - thank you for volunteering to help the people vote!

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You, too, Claire; thank you for your service.

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I've been a poll worker for years and will do so again this year (in Florida). We have always had rules for poll workers and the ones that we have had have behaved themselves. I am worried, however, that this year will be different.

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Shame is a powerful tool. If you see someone behaving to discourage people from exercising their right to vote, call them out, let them know they have been seen and you know what they're doing. Keep it brief and from a safe distance of course. But you can let them know. If you're talking about actual gunfire or threats of violence, call 911.

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it is illegal to hinder a person voting. hopefully our "law and order" will immediately arrest anyone who does so.

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The president may have thought last night's debate was "fun" but I sure didn't and neither did most of the country. He is an embarrassment, but more importantly, a danger to the peace, freedom and well-being of this country. Sixteen more years!? He shouldn't be allowed to serve sixteen more days.

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Well, fortunately the 22nd Amendment stands in his way. I doubt he even knows it exists.

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As long as the democrats win Presidency and controll of the Senate and a certain number of States. McConnell certainly knows that the amendment exists. Either bypassing it through dictatorship or overturning it is their one true aim...to get power and keep it!

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"Serving" 8, 12, or 16 more years? Now there's another misused term, as 45 serves only himself. Please, we must get that monster out of the White House. I'm certain I cannot survive another term.

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I think he’s dreaming because hopefully he will be serving 8, 12 or 16 years in federal prison.

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Thank you, Heather, for guiding us through the day's events and giving us the benefit of your knowledge and historical perspective. As a poll worker since 2016, I've seen my share of canvassers coming too close to the polling place, belligerent voters not wanting to wait in line, and official poll watchers. I've never before been worried about threats and intimidation tactics at the polls. My county was blessed with huge numbers of volunteers this year who responded to the call by President Obama and others for younger people to volunteer to work at the polls. We're going to get through this together! The vote must go on

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I am glad to see that the CPD is considering allowing the moderator the ability to mute the participants mics, but I doubt if that will stop trump from running his mouth, once a bully gets the feedback he wants it is hard to shut him down.

There is so much that needs closely scrutinized: taxes, trump's support of white supremacists, too much to list, but you know the list don't get distracted. We are watching a sleight of hand expert and his stage assistants at work trying to misdirect us from watching what he is actually doing and what matters.

Early in person voting starts in OH Oct 6. Poll watchers are required to be 100 feet away from the polling place entrance and voters are not allowed to wear partisan gear. I will be there on the 6 to vote wearing a blue shirt since that is as close as I can get to a partisan statement, but it will be interesting to see what and who will be there as "poll watchers". This is our chance to push the "mute" button permanently on trump....please vote.

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Not only a mute button, but a time delay so they can bleep out any and all call to arms by tRump.

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It would be nice to trust a moderator to mute anyone who isn't answering the question that was asked.

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Yes! A time delay is an imperative!

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Even better, the two should be in separate cities, from which each in succession would present one hour "arguments" supporting their positions with no mention of their opponent nor his party allowed, followed by a "rebuttal" from each of thirty minutes. Yellow pads and note taking would be permitted and for each mention of the opponent or his party during the "argument" hour, five minutes would be deducted from their "rebuttal" time. They could flip a coin to see who goes first. Only one at a time would be on TV.

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I like that. Good idea

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Early voting in VA started September 18th. I have voted, as have many I know.

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Yes, Pamela, "...our chance to push the 'mute' button permanently"! And, yes, PLEASE VOTE!

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Only turn on the mic, for a pre-defined time, when it is a candidate's turn to speak.

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In addition to a mute button, give them noise cancelling head phones to drown out the other when one is speaking. I plan to visit my polling place which leans democratic

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In Florida they can actually be inside the polling place. They must register first, however. Poll workers are not allowed to wear any political attire, but the voters can, and do. wear whatever political attire they want to.

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I am glad that in OH they can't be any closer than 100 feet of the polling place.

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Can I just say what a piece of TOAST Susan Collins is????!!!!! Sheesh!

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You are kind. A "piece of toast" is not the kind of "piece" I would use....

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Regarding the stepping down of Brad Parscale and “the family” being concerned he’ll spill secrets, I assume that’s the Trump family? As in, an organized crime “family”?

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Thanks for this question I wanted to ask but inartfully asked above.

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Trump's “somebody's got to do something about antifa and the left," sounds like a statement credited to King Henry II, "Will no one rid me of this turbulent priest?" Shortly thereafter, the Archbishop of Canterbury, Thomas Beckett, was murdered in his own church. I hope that American democracy doesn't go the way of Beckett.

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That has been my thoughts all along. He says things like that and does a 'wink, wink, nudge, nudge' look and people of the mindset of Proud Boys jump on it. Yet Trump continually excuses himself from it because, 'it was a joke'. When will he be held accountable for his actions and words?!!

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At this point I feel if one does not actively push back against Trump and what he says and does then one is actually condoning him. Thank you for all your research and letters, Professor Richardson.

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Thank you Heather for your accurate as hell account of the day. While running errands this afternoon, I listened to Trumps press conference on the radio. It was striking how his account of the debate was polar opposite from reality. Is he banking on his followers dismissing reality for his home cooked version? Perhaps so, it has worked so far and I'm not seeing any sizable trend in it stopping.

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Yes

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Trump is going to lose the election, and he knows it. Hence, he will try to invalidate it by litigation and that's why his nomination for the SCOTUS is crucial. That's where it will all end up.

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Mr. Trump seems to end up in court a lot, doesn't he? His solution for so many of his fiscal responsibilities is to let the other party take him to court (breaking their own bank with legal fees) and thereby delaying and deferring matters for years while they are tied up in our backed up courts. And who pays in the interim? All of us, but especially those states where he does business. Geez, how much has the State of New York spent on this guy?

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A Biden landslide will cut the ground out from under such a tactic. VOTE!

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Thank you, Heather, for your excellent work. I applaud you for being able to keep up with all this and still teach. Your students are very lucky. I hope all of them are going to vote.

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