%%Post image thumbnail below.%%  # Episode Overview > - **Date Aired:** [[09-07-2023]] > - **Title:** Mayorkas Done Porkdus > - **Episode:** 241 > - **Description:** How a Homeland Security Council member appointed by Alejandro Mayorkas is leading the charge to subvert the election and remove Donald Trump from the ballot. > - **Link:** <https://rumble.com/v3fsf4u-big-dig-energy-241-mayorkus-done-porkdus.html> # Replay %% Get embed URL then highlight and hit ALT + I%% <iframe src="https://rumble.com/embed/v3d70us/?pub=6eeyh" allow="fullscreen" allowfullscreen="" style="height:100%;width:100%; aspect-ratio: 16 / 9; "></iframe> <br> # Greetings & Announcements 1. Tomorrow night, I will be doing a 2 year anniversary show for Big Dig Energy. Same time, 10/9c. It won't be a typical show, and will be more fun. You are welcome to attend, if you like. I won't be here on Saturday, as that is the day of my grandparent's 60th wedding anniversary, and I am going to attend their celebration. 2. Regular show schedule will reconvene again on next Chewsday. <3 # Segments Tonight I'm going to take you down a little rabbit hole discussing the 14th Amendment, [[Donald Trump]], and a Mayorkas appointee named Noah Bookbinder to highlight just one of the many groups looking to actually subvert elections by removing Trump from the ballot. ## Amendment XIV The Supreme law of the United States lies within our founding documents. Namely, the Constitution. Originally comprising seven articles, it delineates the national frame and constraints of government.  There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified December 15, 1791. The 14th amendment was [passed by Congress](https://archive.ph/20230603090255/https://constitutioncenter.org/the-constitution/amendments/amendment-xiv) on June 13, 1866. It was ratified on July 9, 1868. The 14th Amendment changed a portion of Article I, Section 2. A portion of the 14th Amendment was changed by the 26th Amendment. It encompasses the topics of citizenship rights, equal protection, apportionment, and Civil War debt. It is made up of five sections. The argument to disqualify [[Donald Trump]] from appearing on primary or general election ballots in 2024 boils down to Section 3 of the U.S. Constitution's 14th Amendment, which states that an elected official is not eligible to assume public office if that person "engaged in insurrection or rebellion against" the United States, or had "given aid or comfort to the enemies thereof," unless they are granted amnesty by a two-thirds vote of Congress.  From [[Yahoo! News]]: > Several advocacy groups have said that Trump's actions on Jan. 6, 2021, fit that criteria -- that he directly engaged in an insurrection. The legal theory has been pursued, unsuccessfully, against a few other elected Republicans; arguing their actions around Jan. 6 and support for overturning the 2020 election results amounted to the disqualifying behavior. > > The push to disqualify Trump under this constitutional clause gained more traction when two members of the conservative Federalist Society, William Baude and Michael Stokes Paulsen, recently supported the idea in the pages of the Pennsylvania Law Review. Following the Baude and Paulsen article, retired conservative federal appeals judge J. Michael Luttig and Harvard Law Professor Emeritus Laurence Tribe made the same argument in [[The Atlantic]]. Archive: <https://archive.ph/1MqAX>  [Pick up here.](https://archive.ph/20230901184927/https://www.yahoo.com/gma/state-election-officials-prepare-efforts-134000901.html#selection-875.0-875.353) A couple days ago on September 4, 2023, The [[The Wall Street Journal]] editorial board put out this article: Archive: <https://archive.ph/2vAd7>  > You'd think Donald Trump's opponents would learn. When they fight the former President in the voting booth, they have won every time since they lost with Hillary Clinton in 2016. But when they use lawfare, impeachment or phony collusion claims, they make Mr. Trump stronger. > > Here we go again. Now that their indictments have boosted Mr. Trump in the GOP primary polls (see nearby), his opponents are resorting to their worst idea since the panicky agitation of 2017 to remove him via the 25th Amendment. Now they want to invoke Section 3 of the Constitution's 14th Amendment to disqualify him from the 2024 ballot. [Pick up here.](https://archive.ph/2vAd7#selection-317.0-317.180) ## Citizens for Ethics Yesterday morning, a group by the name Citizens for Ethics [tweeted](https://archive.ph/H4gh8) this:  [Article Archive](https://web.archive.org/web/20230907042011/https://www.citizensforethics.org/news/press-releases/lawsuit-filed-to-remove-trump-from-ballot-in-co-under-14th-amendment/) > Having disqualified himself from public office by violating Section 3 of the 14th Amendment, Donald Trump must be removed from the ballot, according to a lawsuit filed today by six Republican and unaffiliated Colorado voters including former state, federal and local officials, represented by Citizens for Responsibility and Ethics in Washington and the firms Tierney Lawrence Stiles LLC, KBN Law, LLC and Olson Grimsley Kawanabe Hinchcliff & Murray LLC. > > Section 3 of the 14th Amendment, also known as the Disqualification Clause, bars any person from holding federal or state office who took an "oath…to support the Constitution of the United States" and then has "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." On January 20, 2017, Donald Trump stood before the nation and took an oath to "preserve, protect and defend the Constitution of the United States." After losing the 2020 presidential election, Donald Trump violated that oath by recruiting, inciting and encouraging a violent mob that attacked the Capitol on January 6, 2021 in a futile attempt to remain in office. > > "If the very fabric of our democracy is to hold, we must ensure that the Constitution is enforced and the same people who attacked our democratic system not be put in charge of it," CREW President ==Noah Bookbinder== said. "We aren't bringing this case to make a point, we're bringing it because it is necessary to defend our republic both today and in the future. While it is unprecedented to bring this type of case against a former president, January 6th was an unprecedented attack that is exactly the kind of event the framers of the 14th Amendment wanted to build protections in case of. You don't break the glass unless there's an emergency." > > While Section 3 has not been tested often in the last 150 years, due to lack of insurrections, last year CREW represented residents of New Mexico who sued to remove county commissioner Couy Griffin from office, the only successful case to be brought under Section 3 since 1869. ==The judge in that case determined January 6th was an insurrection under the Constitution and that someone who helped to incite it–even if not personally violent–had engaged in insurrection and was disqualified from office.== <div style="left: 0; width: 100%; height: 0; position: relative; padding-bottom: 60%;"><iframe src="https://docs.google.com/viewer?embedded=true&url=https%3A%2F%2Fwww.citizensforethics.org%2Fwp-content%2Fuploads%2F2022%2F09%2FD101CV202200473-griffin.pdf" style="top: 0; left: 0; width: 100%; height: 100%; position: absolute; border: 0;" allowfullscreen></iframe></div> > "Spending 19 years as a state legislator and serving in leadership gave me the opportunity to work across the aisle and to always work to protect the freedoms our Constitution has given us as citizens," said former Colorado House and Senate Majority leader ==Norma Anderson==. "I am proud to continue that work by bringing this lawsuit and ensuring the eligibility of candidates on Colorado ballots." > > "In my decade of service in the House of Representatives, I certified multiple presidential elections and saw firsthand the importance of ethics, the rule of law and the peaceful transfer of power in our democracy," said former Republican member of Congress ==Claudine (Cmarada) Schneider==. "This lawsuit is crucial to protecting and fortifying those fundamental democratic values, and I'm honored to be a part of it." > > While the stakes surrounding Donald Trump's disqualification in Colorado are greater than in the Griffin case, the law and many underlying facts are the same. ==Based on its laws, the calendar, and our courageous set of plaintiffs and witnesses, Colorado is a good venue to bring this first case, but it will not be the last.== > > "As a longtime Republican who voted for him, I believe Donald Trump disqualified himself from running in 2024 by spreading lies, vilifying election workers, and fomenting an attack on the Capitol," said conservative columnist for the Denver Post and Republican activist ==Krista Kafer==. "Those who by force and by falsehood subvert democracy are unfit to participate in it. That's why I am part of this lawsuit to prevent an insurrectionist from appearing on Colorado's ballot." <div style="left: 0; width: 100%; height: 0; position: relative; padding-bottom: 60%;"><iframe src="https://docs.google.com/viewer?embedded=true&url=https%3A%2F%2Fwww.citizensforethics.org%2Fwp-content%2Fuploads%2F2023%2F09%2F2023-09-06-08-43-07-Anderson-v-Griswold-Verified-Petition-2023.09.06.pdf" style="top: 0; left: 0; width: 100%; height: 100%; position: absolute; border: 0;" allowfullscreen></iframe></div> Noah Bookbinder, president and CEO of CREW, appeared on CNN to discuss the lawsuit:  ## Noah Bookbinder Noah Bookbinder is the president and CEO of legal advocacy group Citizens for Responsibility and Ethics in Washington (CREW), previously serving as its executive director. Before joining CREW, Bookbinder worked as an attorney for the U.S. Department of Justice and as chief counsel for criminal justice for the United States Senate Judiciary Committee, under then-committee chairman Sen. Patrick Leahy (D-VT). During his tenure at CREW, the organization has been accused of growing increasingly partisan and left-wing, and of largely avoiding offering scrutiny on Democratic politicians in favor of attacks on conservatives. InfluenceWatch Profile: <https://www.influencewatch.org/person/noah-bookbinder/>  Archive: <https://archive.ph/fNk61> CREW InfluenceWatch Profile: <https://www.influencewatch.org/non-profit/citizens-for-responsibility-and-ethics-in-washington/> Noah Bookbinder was appointed a seat by Alejandro Mayorkas on the Homeland Security Advisory Council in March 2023. The role of the HSAC: > The Homeland Security Advisory Council (HSAC) leverages the experience, expertise, and national and global connections of the HSAC membership to provide the Secretary real-time, real-world, and independent advice to support decision-making across the spectrum of homeland security operations. [Source.](https://www.dhs.gov/homeland-security-advisory-council-members) [HSAC Page](https://www.dhs.gov/homeland-security-advisory-council)  Archive: <http://archive.today/ywQ00> CREW Finances:  Since CREW is a 501(c)(3) nonprofit, we can read its [financial documents](https://projects.propublica.org/nonprofits/organizations/30445391). %%Footer Starts Here%% ---  --- # Keep Digging %%Space%% ## Tags #Stream/BDE ### Footnotes & References