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RE: Footnote #7, I first knowingly learned of Aaron Burr in the classic 1993 'Got Milk?' commercial.

https://www.youtube.com/watch?v=0Gkqzxss8Ss

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I forgot about that one but when I opened up the link was like "OMG YES!" Perfect.

I love the look on his face as the guy hangs up.

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I'm not sure if I agree with this: "Trump didn’t actually commit an overt act on January 6th. He merely suggested it and engaged in conspiracy for it as per Marshall’s description above."

One of the most significant charges is his attempt to overturn the election results, of which Jan 6 played a small part. This was part of the larger scheme that included organizing a fake slate of electors in 7 states, which including falsely representing they were legitimate electors, with this idea that Pence would be able to use these electors and discard the originals on Jan 6. These electors met in secret and forged documents.

I would think in the context of his fake elector scheme and the overall plan it would certainly qualify as an overt act.

See paragraph #10 in the DC indictment.

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Right, but those would factor into the charge for "Conspiracy" charges (Conspiracy to Defraud the Government and Conspiracy to Obstruct an official Proceeding). Its noteworthy that they DIDNT charge him with Treason or Insurrection specifically because he didn't commit an actual ACT to do it that day (though he came close-- he was in the car on the way there when things went south and Secret Service took him back to the WH against his wishes).

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That is one reason I don't think he should be removed from the ballot.

He did not actively participate in Jan 6 to the extend I feel is necessary to qualify as participating in an insurrection.

Just like how left wing politicians who supported protests should not be held responsible for riots.

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I do think there has to be a fully adjudictated process before getting booted from a ballot, which hasn't happened yet. (it should have started a long time ago but...)

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Jan 3, 2024
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Thanks!

It's amazing to me how many great historical stories are out there that so few people have actually heard of or consider important. For instance, the transfer of power from Adams to Jefferson (the first peaceful transition to an adverse party under Rule of Law in WORLD history-- the complete opposite of what occured under Trump), the midnight appointments referenced in the article and the eventual case of Marbury v. Madison are extemely important to U.S. History. It helped establish some limits on the power of the Executive and established the Power of the Judiciary, and gave the government integrity, but few actually understand how. I may have a future article on that at some point.

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