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I’m just going to say that a lot of people didn’t believe the worst-case scenarios about Trump in 2020.

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Jul 3Liked by David Thornton

Yup. The Roberts decision May have seemed to make sense pre-2016. It might still make some sense post 2028. But to issue it in 2024 seems pretty reckless.

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I'm still on the ledge, Steve.

And for the commenters who think that this is me being hysterical because SCOTUS probably just gave Trump another way to shirk accountability, I'll say this: If I had the power to erase this SCOTUS ruling at the cost of prosecuting Trump for anything and continuing to leave the door open to his return to power, I'd take that deal in a heartbeat. Let Trump win in November and not see the inside of the jail cell, if it means restoring the balance to the separation of powers that we enjoyed last Sunday.

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It is difficult to understand Roberts’ thinking if you don’t play 4D chess with the concept of constitutional duties. Unfortunately, corrupt politicians don’t play chess at all. They play checkers and jump over such subtleties.

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Giving Roberts the benefit of the doubt, I can see him trying to avoid the Tit-for-Tat game likely to emerge where Trump's trials serve as the lit fuse for Trump going after Biden after he wins, the next Democrat going after Trump for that, ad nauseum.

I'm just perplexed that his solution for doing this is vastly expanding the power of the Executive at the expense of the Legislative and Judicial branches, instead of having some faith in the branch that he leads (and should be protecting its own power zealously) to be able to handle these cases, instead of making a separation of powers argument that goes against the very checks and balances that the separation of powers is there to encourage.

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Jul 3Liked by Steve Berman

Well written, Steve. I appreciate your wide perspective. May differ on a few takes, but this is the best synopsis I’ve read of the current situation. Thank you for not hyperventilating.

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Jul 3Liked by Steve Berman

Also, the Caddy Day at Bushwood pool reference was fantastic.

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Jul 3Liked by Chris J. Karr

With so much division going on in our country I just thought today might be a nice time to share a short reminder of all we Americans have managed to accomplish. Here's to saluting our shared heritage. Wishing you and yours a very happy 4th of July.

Taken from 1440 Daily Digest:

"Happy Birthday (Eve), America. Congratulations, America—Tuesday marks the 248th commemoration of the day the Declaration of Independence was adopted by the Second Continental Congress.

Through the centuries, the US has grown from 13 colonies with about 2.5 million people to 50 states and 14 territories with a population of more than 330 million. The economy has swelled to over $27T. Advances in public health have cut the child mortality rate from over 45% to under 1%, while our citizens live over 35 years longer on average.

Scientific achievements in the US have delivered everything from the light bulb, modern flight, and the internet to air conditioning, movies, and the polio vaccine. More than 2.7 million miles of power lines electrify the country across over 4 million miles of paved roads, with over 90% of households accessing broadband internet. The US has also been responsible for more than 800 human visits to space—the most of any country.

While there will always be challenges to face and improvements to make, we've come a long way since the beginning. So grab a hot dog and your drink of choice—here's to the next 248 years."

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Excellent summary Mr. Berman. I am however really puzzled though that after everything you listed that was perpetrated against Trump and his supporters all these many years by legacy media and our entrenched government, both democrats and republicans, that you find it so hard to fathom why Trump was so distrustful of the swamp and while his many supporters might have valid reasons for thinking the 2020 election might have been stolen. I have seen you write comments that when someone tells you what they plan to do you should believe them and I pretty much mostly agree with those sentiments, yet from before Trump was even inaugurated, the drumbeat for the destruction of his presidency and those that support him, began from all sides and has never stopped to this day. This is not intended to be a whine in support of Trump, but an honest question as to what reaction do you think most people might take to this kind of treatment and open hostility? Everyone constantly calls out how Trump lies and of course he does, but at the same time they extoll Biden's goodness and decency, yet there's a reason Biden's run for the presidency imploded in 1988 and it wasn't because he was such an honest and kindhearted man. I wasn't there on January 6th so all I can do is rely on the many, many printed articles, but I guess I have to admit that I might be one of those hopeless people, because I still have lots of questions of what all actually went down prior to, during, and after the actual event. What I do know though that has been proven time and time again, is that MSM will lie and cover up anything at all that might in any way give Trump even the slightest benefit of the doubt while at the same time walking over hot coals to protect the approved narrative. It is because of the very behavior of many institutions I at one time trusted, that I continue to be so mistrustful of the January 6th script they all report from. Additionally it puzzles me when people that are screaming about how Trump will destroy our democracy and never relinquish power imagine what is going on right now would be called when for the past three years there has been an active behind the scene coup taking place in real time. How is it that the fact that an unelected, unaccountable, and unknowable to the public "president" is not considered an outright corruption of our elections, a total complete disregard of the will of the people, and the very danger to our democracy everyone accuses Trump of being. It's like watching Game of Thrones all over again.

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"How is it that the fact that an unelected, unaccountable, and unknowable to the public "president" is not considered an outright corruption of our elections, a total complete disregard of the will of the people, and the very danger to our democracy everyone accuses Trump of being."

"unelected" - I'm an Illinois election judge that works in my local precinct on Election Day. We counted votes for Biden, Trump, and everyone else on the ballot, so I don't know where you're getting this "unelected" hogwash.

"unaccountable" - SCOTUS has been active in telling Biden that he doesn't have the power he thinks he does with his executive orders.

"unknowable" - What's unknowable about Biden? His flaws and follies have been on full display - esp. last Thursday.

If you have doubts about our elections, shut off the television and radio, and report to your local election board to volunteer as a worker on election day. You'll learn a lot more than you will from the talking heads incentivized to keep you confused (so you keep tuning in) and you'll be there PERSONALLY to act and report on anything that is actually corrupting the process of us electing our leaders. Elections are run by people like you and me - not some magic election fairies that have the power to steal elections when you're not looking.

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Mr. Karr are you trying to convince me that Biden has been in charge of this government these past few years? I don’t buy it and if you’re honest I don’t see how you can either and that’s what I am referring to when I say someone else behind the curtain is calling the shots. Because that someone wasn’t elected by the will of the people to act as president I would think that yes I am within my rights to feel a behind the scenes coup has taken place. Let me ask you a question…. How many times when Trump was in office did we hear from more sources then I can count that Mr. Trump had mental issues and the 25th amendment might need to be considered. Now tell me how many times these past few years you have ever heard that same comment being made about Biden? So you can sit back and feel noble about Trump being in the wrong all day long and therefore not worthy of any consideration, but at least have the same courage to do the same with Biden and his protectors. And by the way I do agree that at least some of what I have seen about Trumps behavior on Jan. 6th was wrong, but if we’re going to go down that path Mr. Berman already got a good lead when he summarized all the wrongs done by those against him. There are still people to this day that think Trump was not a legitimate president and he stole the election…..are those people also hopeless? And let’s face it, how many politicians/leaders don’t live an entitled life as in do as I say not as I do type mentality. So there is absolutely no shortage of wrongdoings to go around.

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Jul 3·edited Jul 3Author

You need to be clear about what you mean by "in charge".

I'll readily concede that Biden does not run the Department of Justice or the Fed. That's by design (at least until last Monday). We DO NOT have a unitary executive, and there are vast swaths of the executive branch where he is not managing folks, even semi-indirectly. The same has been true under every administration.

Relatedly, I don't doubt that the executive officers that Biden nominated and the Senate approved are there as part of some plan by a third party that is contravening the wishes of the man America elected in 2020. After Thursday, do I think that he's getting a lot of assistance in running the federal gov't? Absolutely, in the same manner FDR, Wilson, and even Reagan enjoyed. Is there a potential 25th Amendment issue, where he should be replaced? Perhaps - but the folks with the power to invoke that do not agree.

That all said, NONE of the above nullifies the 2020 election. Joseph Biden was elected to be President for four years by the American people. To think otherwise is as foolish and wrong an idea as those folks you mention that think that Trump was NOT ALSO legitimately elected for his term. Whatever Trump did in office or to whatever extent he received Russian assistance in getting elected DOES NOT overturn the fact that the American people selected him over Hillary Clinton in 2020.

We don't get to pick the elections we choose to respect and the ones we throw dark conspiracies around when they don't go our way.

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Jul 3Liked by Chris J. Karr

Sorry for the confusion. Let me be try to be clearer, I did NOT say that the 2020 election was not legit. I am saying and thought I was pretty clear when I did that for the last two or three years Biden's mental decline has been covered up by the WH and legacy media and I for one do not think he is capable now or was capable a few years ago of being up to the challenge of the job he was elected to do. It sounds like you disagree or at least you would have prior to the debate and if so, my concerns of who is really in charge and by that I mean where exactly does the buck stop in charge, finds us once again in a position of needing to agree to disagree. And let me be clear about something else, just because I have several questions about what went down about Jan. 6th that I feel have not ever been adequately explained, does not mean that I don't respect our elections. However, what I do not respect is any of those that have been lying all day every day, including the WH and their selected special group of press, that he is fit as a fiddle and to suggest otherwise is some kind of conspiracy, and this just as recently as a week before the debate. And sorry, but from everything I have seen and read, it appears to me that maybe your message about respecting elections even when they don't go our way, should be shared with all those that think Trump is the spawn of the devil and deserves every last thing thrown his way. Just as an aside I think back and can remember all the lavish devotion and accolades made to honor Ted Kennedy, a man that put his family name and his own political concerns over the life of a young girl and yet not even something that horrendous kept the press and most of the country from honoring him for years after. And as a registered democrat it's things like this and Bill Clinton's abuse of women that were overlooked and downplayed that makes the constant double standard so disgusting.

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So, given that we do not call new elections when the POTUS becomes incapacitated, but elevate the VP to serve in that role instead, can I assume that you're angry that process doesn't seem to be followed, and we don't have President Kamala Harris right now?

If so, we share a lot of common ground on that front. (I'm no Harris fan, but I'm also not a fan of having a fellow in charge of making nuclear decisions capable of having an "off night" when we need an "on night".)

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Elevating the VP would be the proper procedure to follow providing Biden is officially ruled to be unable to fulfill his presidential duties. Like you I am also not a big fan of Kamala Harris, but that’s the legal chain of hierarchy and the voters voted her in so unfortunately we would be stuck with her. But no I think you are missing my overall point, What I am saying is that I believe that someone or maybe a few someones, that the voters DID NOT elect to be in either one of those positions is actually the one(s) who have been making the decisions in lieu of Biden. A recent article in Politico reported on how his team finally admitted that they don’t tell him anything bad because he evidently has anger issues and they are scared shirtless of him. How can we believe that based on that alone, meaning him not having the full picture, he could possibly be the one making decisions? So my question is who is making those decisions? That’s what I am trying to say and apparently not doing a very good job of it, when I say someone unelected, unaccountable, and unknown is running the show. Frankly I would think that behavior such as that should concern every American.

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Jul 4Liked by Chris J. Karr

Biden is in charge of the DOJ. Article II, Section 3. His only say-so about the Fed is when it's his turn to nominate a new chairman.

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What's interesting about the Fed is trying to determine which branch of gov't it falls under. I've seen some say that it's under the executive branch, and others say that it's under the legislative branch.

If it falls under the executive branch, then it's not clear what's in place to stop a POTUS from interfering with it after this ruling, since SCOTUS believes that executive power vests entirely in the person of the President. (This is that "unitary executive" theory I mentioned a few posts back.)

If the Fed is considered a legislative entity, then I stand corrected. :-)

If it's a mixed entity, then I'm not sure what to make of it in light of it this week.

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Jul 4Liked by Chris J. Karr

https://fraser.stlouisfed.org/title/federal-reserve-act-966/fulltext#:~:text=Full%20text%20of%20Federal%20Reserve%20Act%20%3A%20Public,in%20the%20United%20States%2C%20and%20for%20Other%20Purposes

Above is the full text of the Federal Reserve Act. It might be a good example of the amount of detail to be contained in future legislation if the Congress really gets off its rear and does the work implied by reversal of the Chevron doctrine.

The Fed Chairman is nominated by the President and requires confirmation by the Senate. The Fed governors are nominated by the President for staggered 14-year terms and are subject to confirmation by the Senate. The Fed Governors must approve the Fed district presidents who are selected by banking corporations.

It appears that the Executive Branch has only peripheral meddling privileges and that can be curtailed somewhat by the Senate. The House has oversight privileges.

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Explain Kevin McCarthy, Bill Lankford, Mike Johnson, etc... working with President Biden and coming away saying how much he was involved in the work - rather than attacking him as being uninvolved and unaware.

We have 3.5 years of watching Biden's general performance, his performance later in the debate, and afterwards: and yet we're supposed to think all that's the aberration, rather than the first half of the debate?

The issue has been that the media hasn't talked about Biden's accomplishments throughout his term, at least nowhere near as much as any possible negative stories they could put together - 'cause the media wants drama to drive views/clicks, and Biden/his administration are too boring and don't provide as much access as Trump's.

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Well that's a good question SG and I can't explain it because I don't know other then to remind you that they all are also part of the swamp, but if you really believe that Biden has been on top of his game for at least the past year or so, I am never going to be able to convince you otherwise. I personally don't buy it and I am not letting any of the above names you mentioned off the hook about it either. I was just asking a question to see if people believe the person they voted for is really in charge and if you do, great, good for you. I don't now nor did I twelve months ago. And sorry, I don't see Biden's administration as being boring.....there has been plenty to talk about if legacy media wanted to, but for the most part, they just chose not too. I guess they all got a new script sometime during the night of the debate or at least by the next morning because they could no longer ignore what has been blatantly obvious to many for months now.

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Jul 3·edited Jul 3

Top of his game? No: he's older, and slowed down. But to say he's incapable is a completely other thing entirely.

The most likely explanation is the simplest one: Biden's just older. He has a stutter, and when tired/angry it comes to the forefront. He's got arthritis of the spine, which makes him move slower and more stiffly than he used to.

Hard LOL at the GOP covering for Biden. That's beyond ridiculous, and buying into the "uniparty" theory of the US.

Biden is boring *by comparison to Trump* - and likely most other POTUS as well.

Be specific about what you think has not been boring, or "what's been obvious to many for months now" - and make sure that it's not been debunked by full video.

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Oh I don't know, but just for a couple how about the mess at the border, all the trans nonsense, all the increasing homeless and drug deaths. Maybe add to that the covid mandates and lockdowns, the "transitory" inflation, the Afghanistan debacle. And to save you the time I know you think Biden walks on water so will have plenty of excuses, but remember you are the one that first suggested his administration was boring and I know Trump sleeping with a porn star was way more important so in their defense they just didn't have time for both. At least I amused you when I expressed my thoughts on how some in the GOP cover for Biden :).

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Jul 3·edited Jul 3

Note: Tapper has since deleted almost all of that thread after governors referenced by him stated the opposite of what he said.

I'll also disagree about the media wanting to cover Trump, as one media head stated that Trump's base doesn't care so they don't other covering him as they should. There was also a recent podcast discussing CNN's ratings being at a 33 year low. The media want/need drama to get views/sell books, and Biden has been too boring.

The thing is is that we've seen how Biden performed prior to the debate (as in 3.5 years worth, though we can limit that to just June if we desire), later during the debate, and afterwards. So which is the more likely aberration: the first half of the debate, or everything else?

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What I’m seeing is that Biden will meet with governors today. Understandably, they want to carefully vet who is on the call and who is recording etc. I think that was part of the delay. Plus, Biden doesn’t owe anyone an explanation. He is the presumptive nominee who won his primaries.

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Interesting take on the immunity stuff after the discussions from yesterday. So Roberts et Al think that, if given free rein, all future presidents will exercise their core powers judiciously and appropriately, in the absence of consequences.

Well, this is the sack of lemons they’ve left us with now. Let’s hope they’re right.

All I can say is…in the history of appealing to the better angels (with no safety net) of the types of folks who would vie for high office…how well does that go, generally?

And with 1 potential candidate who might soon occupy that office….who has already stated some of his intentions….I’m reminded that when someone tells you who they are, believe them…the first time. Maybe Roberts knows something about the psychology of oranges that I’m unfamiliar with.

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Hi Bill. Honest question here that I am really curious about….what has Trump done that makes you believe he is evil incarnate? I can honestly say I have never felt true hatred for another human being so I have trouble trying to understand such absolute hatred towards Trump that I hear so many people feel towards him. Dislike I can understand but accusing someone of being evil incarnate unless it might be someone like Lenin, Mussolini, Hitler, Khmer Rouge, etc. is really beyond me.

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Interesting read Steve. Let me start with this; i voted for Biden in 2020, i'll vote for him in 2024 if he is still the candidate (which i doubt he will be). I'm a supporter, not a super-fan or even just a fan of him. He was too old in 2020. I had zero interest in Bernie or Warren.

The difference between 4 years ago and now is and always will be the one common denominator: donald j trump. The man is evil incarnate. Not just a little gilded or off; he is amoral and immoral. He has no filters, no accountability regarding his actions and could care less about anything other than himself.

There may be 100's of books written on him and his sins, but nothing will ever speak to me louder than the man's own words: "“I am not sure I have. I just go on and try to do a better job from there. I don’t think so,” he said. “I think if I do something wrong, I think, I just try and make it right. I don’t bring God into that picture. I don’t.”

It says it all doesn't it? Asking God for forgiveness...what a concept.

Quickly, regarding the supreme court you posted this:"But the Supreme Court, and Chief Justice Roberts, don’t think that the world will end if Trump is elected and executes the core constitutional powers of the U.S. president. If they thought that, they’d have sacrificed the law and gone for justice."

Would they have? What is the purpose of the "law" if it doesn't result in "justice?" Why have ten's of thousands of hard core conservatives left the party of trump? You rely on God and the bible often. I fall down on the side of a "higher power." Either way, the foundation for our actions are grounded in a belief there exists the concept of "right and wrong."

People talk about trump's first term and to mimic his words; "how perfect it all was." In reflection, his goal was to "drain the swamp," but if we are to be honest...he became the swamp. Imagine 2025 and what it would look like? Government cheese going bad would be the least of our problems.

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Donald Trump did not do anything wrong on Jan. 6th, 2021, and anyone who says otherwise is a liar. Period. Did some of the mob who gathered at the Capitol that day commit crimes? Absolutely, and they must be punished for it, including those who helped set up the crowd for the shenanigans that were pulled. I speak of the FBI plants that were there. I speak of the Capitol police who encouraged some of the crowd to enter the Capitol. I speak of Nancy Pelosi who assuredly knew what the FBI were about to do in stirring the pot. Of course, since we have a 2 tiered justice system now, none of the left-wing agitators on that day will see even a day of punishment for their actions. Nevertheless, I cannot, and will not, allow you to continue to editorialize that Donald Trump egged on, or goaded, or encouraged that crowd to do anything of a criminal nature on that day. Each individual in the crowd was responsible for their own behavior, and those are the facts. Oh, I know, these facts upset your narrative, but you will have to get over it.

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Trump had a duty to fulfill, and he did nothing. Correct. But if you can't see how that was wrong, then you should read the Jan 6th committee report, because literally everyone in the White House, and all Congressional leaders, agreed it was wrong at the time.

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You'll forgive me if I am very cynical when it comes to taking anyone in government at their word. Someone in the Democrat party will lie, and a Republican will swear to it. Hence the reason I'm an independent. I saw the goings-on for myself on Jan. 6th, and I read the transcript of Trump's speech. How you come away with him fomenting a riot, or insurrection after having read it yourself, or having heard it, is baffling, unless you are drinking the left's kool-aid.

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He should have done more. Maybe you can name a few areas in which Biden should have done more.

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Jul 3·edited Jul 3Author

Trump did plenty wrong on January 6th. The worse thing he did was continue to inflate the lie that Mike Pence had the power to delay the counting of the electoral votes, and encouraged the people who came to Washington to hear that message from him live to march down to the Capitol to try and "persuade" Congress and Pence to either stop the count until he could present his non-existent "massive amounts of evidence" (from Steve's screenshot of Trump's tweet below) or that it was 100% legal to count illegal slates of electors for his benefit.

That in itself - Trump's speech - is not likely illegal, but it was definitely WRONG in the same way that a punk kid might not have burned down the entire mountain town himself, but he started the forest fire that did. (Both the punk kid and Trump should have known better and acted with that knowledge.) Had Trump stayed in bed on January 6th and not left the White House, the Jan. 6th protests would have been as notable as the progressives coming to the city wearing the pink hats at the beginning of his term.

Like you, I watched all of this unfold myself on January 6th. I was in my office working on client projects and had the news on in the background from the speech, to the sacking of the Capitol, to the eventual dispersal. I flipped the news back on when I got home that evening and watched Josh Hawley beclown himself once again, by continuing to object even after Ted Cruz called it a night, and Lindsey Graham promised to the American people that he was "done with Trump".

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Agree … like button off

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Well, you and I obviously have conflicting views of that day, but you will never get me to come over to your side. Sorry

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I'm well past the point where I think you're persuadable on this front, and my comment is more intended for readers who might ask what exactly Trump did wrong on January 6th.

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Jul 3Liked by Steve Berman

I dissent. Doing nothing on Jan 6th is the equivalent of doing nothing. He did nothing to quell the violence he fomented and encouraged. I am truly sorry deep in my heart that you continue to defend Trump at all costs.

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He did not foment and encourage what took place that day. I do not defend Trump at all costs. There are plenty of reasons to not vote him, and I won't, but I will not lie about Jan.6th either.

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This site doesn't let me post images in comments. But there's a ton of evidence. Here, I posted it on X: https://x.com/stevengberman/status/1808468267125678415

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This is supposed to convince me? Sorry, you'll have to do better than that. I've been to protests in Washington DC and I haven't broken the law. There ARE individuals who did on that day, but Trump wasn't one of them. Trump told the crowd to March peacefully and patriotically in his speech. Schumer actually DID threaten some SCOTUS members! Where is the justice that he has coming?

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