51 Comments

Agreed. The only way to protect our experiment is to re-install common sense guardrails: required fairness in the media, and reversing Citizens United. It's no accident that 45% of the nation gets its "news" from Fox and 45% of the nation supports Trump; it's a direct line. We're also seeing, with Elon Musk's illegal shenanigans paying $1 million a day for a "voters lottery," how CU has infected our system. But my fear with a congressional act to overturn CU is that the rightwing hacks on the present iteration of scotus will overturn it under the auspices of the 1st A. (Remember when freedoms in the Bill of Rights were protected against legislative encroachment?) So, it's project creep, like building a house, the foundation is a reformed/ expanded court.

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READER ENGAGEMENT

1. Uncle Sam needs you! https://www.mobilize.us/ (And me.)

2. Please repeatedly post "not suckers or losers" comments in social media. According to Facebook, there are 4 million veterans and active duty members on Facebook, as well as 12.5 million family members and 242 million friends with veterans or active duty members. Military sites, veterans; organizations, historical sites.

Vote vets has already flipped many 2016 and 2020 Trump voters.

3.

It's up to people like you who are on social media.... when you comment you'll see what I mean. Many of the people involved are dependents, family members, friends and neighbors who are interested in the military and or national security and for whom this is news. Takes repetition and substantiation by people they trust.

I am a Vietnam combat veteran -- probably the lone survivor from my units. I have been a "veteran since Jan 21, 1968. The grandchildren (or great-grandchildren) of my late colleagues want to hear form someone like me.....

When you post on say a FB history site, you may start a conversation with potential voters who may flip on this basis....

4. Elon Musk. https://substackcdn.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F9dc83c8d-ff4c-4eef-b93c-bb64ca7c546d_1424x994.png?utm_source=substack&utm_medium=email

I am a lapsed Pennsyltucky lawyer, but concurrent jurisdiction with Pa.

25 Pa. Stat. § 3539

Current through Pa Acts 2024-53, 2024-56 through 2024-79

Section 3539 - Bribery at elections

Any person who shall, directly or indirectly, give or promise or offer to give any gift or reward in money, goods or other valuable thing to any person, with intent to induce him to vote or refrain from voting for any particular candidate or candidates or for or against any constitutional amendment or other question at any primary or election; or who shall, directly or indirectly, procure for or offer or promise to procure for such person any such gift or reward with the intent aforesaid; or, who with the intent to influence or intimidate such person to give his vote or to refrain from giving his vote for any particular candidate or candidates or for or against any constitutional amendment or other question at any primary or election, shall give to or obtain for or assist in obtaining for or offer or promise to give to or obtain for or assist in obtaining for such person any office, place, appointment or employment, public or private, or threaten such person with dismissal or discharge from any office, place, appointment or employment, public or private, then held by him, shall be guilty of a felony of the third degree, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifteen thousand ($15,000) dollars, or to undergo an imprisonment of not more than seven (7) years, or both, in the discretion of the court.

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Oct 24·edited Oct 24

I didn't have time to read this before work, but we need to hold the powerful accountable early. Trump should have had serious legal problems before ever running. His slander of the central park 5, refusal to pay contractors, redlining tennents based on race etc should have kept him from being a viable candidate. The Justice dept. should stop focusing on the little fish.

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The AG is at best a Republican and at worst a secret Trump Humper. He has deliberately dragged his feet on investigating so many crimes committed by Trump and his cabal of supporters that most will never be investigated.

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THE HONESTY IN GOVERNMENT ACT.

America needs to criminalize lying for political purposes. Otherwise we drown and die on oceans of lies. This does not jeopardize the right of free speech to tell the truth, only the right to lie.

A misdemeanor up to 30 days in jail for each offense, for any person holding or seeking any elected or appointed public office to lie in public about any matter of public interest.

FRAUD. DEFINITION. To make a deceptive, false, or misleading statement of fact (to lie) for the purpose of getting something of value (money, votes).

It's a crime to lie about goods or services for sale to sell them, it's called "False Advertising," surely we can apply the same legal doctrine of "truth in advertising" to politicians as we apply to private sector businesses, eh?

Stupidly, America treats politics as a "license to lie" your ass off with no consequences.

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Oct 24Liked by Thom Hartmann

I don't think it's a stretch to say that cumulatively FNB v Bellotti and Citizens United have been more corrosive than any other legal doctrine this side of Dred Scott.

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Mr Politt, we Harmannreaders know of which you speak,alas most of the rest of even the liberals, have no idea. I constantly reference Santa Clara, Belotti,and Buckley v Veleo, as stepping stones to Citizens United,to show that it has been a hundred and fifty years endeavor to empower investors and disempower the customer.

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I had completely forgotten Buckley. Shame on me!

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First, corporations needed to have the status of personhood, only without consequences like loss of liberty. In the 19th century, the concept of corporate accountability was quite different. Hartmann's idea of executing corporations should be a deterrent worse than fines, and corporations did lose their right to exist if they didn't serve a positive public purpose. The presidents of banks used to go to jail if the bank failed. I still like the justice from 200 years ago that put business fraudsters in a sack with live snakes and threw them overboard. Not really, but briefly imagining it is somewhat satisfying.

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I still don’t understand how business owners can think their businesses will prosper under a fascist regime.

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Yes, yes, very true:This fascist movement was all energized by "five Republicans on the US Supreme Court put a fascism-friendly time bomb into our body of constitutional law when Lewis Powell wrote the 1978 decision in First National Bank v Bellotti, saying that billionaires and corporate “persons” had a First Amendment right to pour money into politics because, Powell claimed, money in politics was the same thing as “free speech.” That crime was massively amplified when a different set of five Republicans on the Court doubled down on legalizing corruption and bribery with Citizens United in 2010."

Unless the unGodly wealth, arrogance and power of the ultra-rich (and the complementary impoverishment of the government and 80% of Americans) is curtailed, the fascist movement will continue and be unrestrained.

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founding

Trump is not the problem. Trump is the symptom of the problem. Trump is the ulcerative, fungating tumor that breaks through the skin from the cancer that has metastasized through the US body politic. The US has gotten incredibly fortunate that on our first real bout with a modern national authoritarian Strong Leader the Strong Leader is so buffoonish, morally, mentally, and financially compromised that some members of his party, which famously sticks together, refuse to support him.

The problem is that about one quarter of the electorate is happy with authoritarianism, another five percent are willing to go along with authoritarianism as long as they can be in charge, and almost one third of the electorate can't be bothered to care as long as they get their hamberders and sportsball.

Ignorance and apathy are the Achilles' heels of democracy and in the US, for much of the electorate, ignorance of politics and apathy toward politics are considered cool.

For a democracy to be functional there must be at least two viable parties committed to democracy. The US is one party short. In 2015 the Republicans were going to have a brokered convention to choose another candidate, but they realized that they could not win without Trump. So they put party before country and chose a Strong Leader who was not committed to democracy as the head of their party. Unless and until the corporate 20% of the Republican party take back their party from the authoritarian 80%, or develop a new viable party committed to democracy, democracy in the US will be one election away from failure.

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A maximum income of about $500,000 a year would do the trick! Raising the children up to be humans and not animals like the family unit produces would also help a lot. E pluribus unum! Even having a billion dollars is too much! 20 million maximum net worth for each individual American citizen! That would spur the economy and create a strong middle class! One that could provide the basic necessities for all of its citizens!

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Now Bob, that is an expression of Maximum income I can accept.

Not the 19th Century Dickensian maximum income.

Only now the definition of income needs to be clearly spelled out, for instance wages and salary are not income. Income is what you get from investments, return on investments, and sales and dividends of stocks and bonds.

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Maximum income is a total income, including wages and investments or drug sales or inheritance or robbing banks?. A married couple could have around a million dollars a year income. Only adults over age 18 though!

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Wages and salaries are not income.

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Then why is it called an income tax?

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Why do people call anything, anything, Why is it the Le Brea Tar pit. The USCode does not call it an income tax, legislation doesn't call it an income tax, the IRS form 1040 doesn't call it an income tax. The enabling legislation does not tax wages and salary.

Title 26 U.S. Code § 61 - Gross income defined. That definition is circular as it defines income as income. To Wit" Income from whatever source including fees for service., but it does not include wages and salary which are not fees for service., but a reimbursement for labor.

Notes

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I'm not sure what "Americanism" entails, but I'm pretty sure fascism is some part of it. Our democratic ideals have always been in conflict with our imperialist impulses, remaining so to the current day.

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Thom's idea that there will always be another Trump in today's report makes me think Thom believes Trump is going to lose. Is John Kelly's reveal about Trump's admiration of Hitler and his general the October surprise? Have the oligarchs made their choice? Did they choose Harris's economic policies over Trump's because it would be in their best interest? Have I gone off the deep end, or is this the way we're supposed to feel: confused, in need of clarity and understanding, and mistrusting the system? We must make some significant changes in the system after the election. Where do we start: with Citizens United or the Electoral College? How about the filibuster or healthcare? How do we prevent being fooled and misled by charismatic leaders again?

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It is interesting that this discussion of fascism trending in the GOP is happening now. Where have we been since Rachel Maddow reminded us that the Republicans have been working on having big business take over our our nation for 100 years. The 1939 coup attempt was well organized and carried out by sitting Republican senators and congressmen, with a couple of north western Dems also. It was supported directly by Hitler and the Nazis for several prior years.

They have been working ever since to pull it off successfuly and Trump is the new face they recognized as the perfect rabble rouser. There are Americans alive today that will remember the 1939 coup attempt that they were indicted and tried for.

A few years earlier, another plot was brought to the attention of DOJ by General Smedley Butler, CUSMC. The current situation is not news, it is history. Unread and forgotten.

Rachel's Prequel is required reading. The Ultra podcasts reveal it all.

Isolationism was their mantra then, as it is today.

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Dude, we have now a Fascist CONSTITUTION written by never challenged Supremes in stark violation of their oath to the actual amended Constitution.

And no the original sin was NOT Judical Review. The Judical Review that Marshall claimed as the Courts privilege is a legitimate and necessary check on legislative malfeasance. It does not, cannot encompass adding or altering a single word of the Constitution. It is strictly limited to declaring a legislative Act to be void when it is "repugnant to the Constitution"; which generalizes to voiding a part of a Law passed by Congress & President. In the later case the Law would be returned to the Congress for revision. The Constitution is absolutely clear that it can only be altered by Amendment; a process that pointedly excludes the Judiciary.

Sotomayor (I've said this many times) in Dissent to Trump v US, concluded that thePresident could order a seal team to execute political opponents. General Milley and Tom Hartmann have each considered that they could be on Trump's enemies list.

The only humane use of that power, which for a few more days is Biden's, is to demand resignation the 6 Supremes with rescission of all Precedents outside the strict definition of Judicial Review.

And although this would eliminate all Presidential, police, Judge, prosecutor immunity; essentially all money in politics (the 1974 FEC Amendments signed by Ford are still in effect); and completely abort Project 2025 while restoring Roe abortion (Privacy) rights - I have found that everyone with power or audience considers this - I don't know - an apostasy? They'd rather see my family of 8 billion decimated by Wars, genocide, exponentiating Climate Chaos . . . than live again with the Constitution. This is the moment that Franklin warned us of: If you can keep it. Turns out we don't even want it

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Interesting Tom, worthy of consideration and study.

I do agree with you, Justice Marshall's ruling that the court must consider facts and law is correct. The law is all too often stupid and discriminatory or favors exclusively one faction over another.

I was called up to jury duty onece, and when voire dired was asked my opinion and I said simply. I subcribe to Justice Marhsall's ruling in Madison v Marbury and with that the prosecutor said that I was excused.

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In the jury selection process, I like to speak to Jury Nullification as in:

I'm aware that the prosecutor and police officer have qualified immunity and can simply lie to the Jury. . . Of course if it's a trial of a genocide protester, I save it for the jury deliberation.

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I have no knowledge of a genocide protestor, but i do know of trials by propagandized idiots. To date I know of no people who have even been arrested for protesting the genocide in Ukraine.

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Inaccuracy: The last sentence should begin: I'd save it . . . (this has not happened to me)

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In the matter of fear-mongering used as political tactic, which has steadily increased as the election draws nearer, it might be ascribed to Trump's unhinged, rageful reactions to his ego wounding, or it might be just a standard routine ploy by fascist interests from the hidden faces of the dark money, also stock standard in the history of world coups. (Always, the money, camoflaged, is behind all coups. All else is just tangential tactics). When the choice of VP was taken from Trump, falsely ascribed to his two moronic offsprings, and prime player Vance was put into place as undeclared but possible replacement, and when Trump remained uncharacteristically silent in this exchange, the hidden faces suddenly start to, have to, emerge. I expect the worst. The fear-mongerings will be promises kept. Once any coup succeeds, violence is necessary to maintain control.

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EXACTLY. Read Rachel Maddows Prequel and watch the Ultra podcasts. This has been a steady ongoing plot since FDR, and earlier. The rabble was not roused enough by Reagan, but he set the stage for dumbing down of education nationaly and establishing their unchecked propaganda media networks.

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Gerald : Fear mongering has worked, and very nicely, for the Republicans, and it is past time that the Democrats grabbed hold of the lizard brain, and made them more afraid of Trump him than they are of liberals.

But Democrats play nice, they play by the rules.. and lose.

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Trump is a symptom, not a cause. Once he gained power, of course, he also became a cause in his own right, but at root, he was and is created by people who were willing to support him because their discontent causes them to adhere to a "strong man" who will tear it all down and fix it for them. Sociopaths like Trump always seem to be represented to some degree in any human population. At one time, this might have provided an evolutionary advantage. In our times, they are heavily represented in business, law, and politics where their lack of a sense of ethics and empathy, their charismatic personalities, and their uncanny ability to sense human weakness and exploit it give them an advantage. But they rise to popular power only when there exists a large segment of the population that is angry, distressed and alienated, and for one reason or another, does not feel they have a legitimate means to address their grievances. These people look to follow someone who they feel will fix things for them by whatever means. Over the last 50 years, Americans have seen their real earning power be sucked up into the upper class while they struggled to stay even. Americans believe they have been promised that if they work hard and play by the rules, they can expect to accrue wealth and leave things better for themselves and their offspring. Instead, though they are working harder, higher education and housing costs, two areas historically that have provided upward mobility for the middle class, have made these things increasingly unaffordable. Americans are justifiably mad, and a segment of the population that lacks the political and economic sophistication to understand the real causes of their distress and also the self esteem to resist manipulation, can be lead by a sociopath like Trump to project their anger onto "the other" like immigrants, Muslims, political opponents, etc. And getting rid of Trump will not fix the problem. This alienated population will just elevate some other sociopath to God-like status. The full answer is to fix our ailing capitalist system so that it is maintained in a way that does not allow its natural tendency to funnel more and more wealth to the top. We do not need to replace capitalism with some other system. We just need to put measures in place that counteract capitalism's natural tendency to grant increasing economic power to the businesses at the top. In addition to our political rights, people have to have a guarantee of access to economic security. To accomplish this, we need to educate the populous as to the real cause of their distress so we can recruit them to help us fix it.

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Oct 24·edited Oct 24

The reason ABC, NBC, and CBS has aired this information is REALLY simple. Trump has threatened their licenses. He finally visited THEIR doorsteps. They know he is a psychopath capable of any crazy thing.

Kamala is doing her duty as usual, "prosecuting" her case against his fascism and lunacy. They need to report on her for the horse-race, but now also to save their own asses.

There is something afoot with Trump talking to Putin who is talking with Kim Jong Un. These three fascists friends are robbing their own people and garnering every ounce of power they can muster. Whatever they THINK they can pull-off, I hope we can ruin by electing Harris/Walz. V-O-T-E

I predict the next Trump will come in a more attractive, saner looking "package", but it will be the SSDD we are seeing now.

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The next Trump is J D Vance.

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Frank Stronghorse, thank you for this interesting comment. I really like the term Facing into your shadow. It takes great courage and humility …,facing into the wind. I believe in 12 step programs it’s the 4th through the 9th steps, that is the spine of these very effective ways to be released from living a nightmare. Now a nation doing just that is fascinating. Just think of how many history books, schools, and politicians have waved our flag just as t & co do now as they try to tear the constitution to shreds.

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