It's Just a Mouse! #267
By Hank Silverberg
Happy New Year!
Question: Is Donald Trump ineligible to run for president under the 14th Amendment because of his inciting action during the January 6th, 2021 insurrection at the U.S. Capitol?
The amendment was passed in 1868, and it was designed to keep former officials who had left the U.S. government and joined the Confederacy, from ever occupying the White House or the Congress again.
I am not a judge, or a lawyer, but I can read. Here is what the pertinent section of the Amendment says:
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Any reading of this would confirm that Trump, having incited January 6th, would be ineligible. And that would be more obvious if he is ever convicted of any of the numerous charges he faces in several court cases.
But there is a side bar here. Congress can make exceptions. A scenario in which Trump wins the 2024 election and brings a Republican landslide with him could make a post-election challenge mute.
The most powerful way to end Trump's political career remains the ballot box, and taking him off the ballot focuses on that. But defeating him soundly will leave no doubt.
Either way, the conservative-leaning U.S. Supreme Court, with three members appointed by Trump, is ultimately going to decide if Trump is eligible as a candidate.
No Guns in California
A new law that puts more restrictions on where you can carry a gun in California will take effect with the new year.
The law prohibits people from carrying concealed guns in 26 public places whether they had a "conceal carry" permit or not. Those places include
The California Rifle and Pistol Association challenged the law. In the initial ruling, which blocked the law, Judge Cormac Carney said the ban was openly defiant of the Supreme Court. But on Saturday, a federal appeals court put a temporary hold on Carney's ruling until arguments can be heard in the next month or so.
Governor Gavin Newsome responded on X (formerly Twitter) saying:
"The ruling will allow our common-sense gun laws to remain in place while we appeal the district court's dangerous ruling."
In his on-line post, he continued, "Californians overwhelmingly support efforts to ensure that places like hospitals, libraries and children's playgrounds remain safe and free from guns."
In a statement, the President of the Rifle and Pistol Association said permit holders "wouldn't be able to drive across town without passing through a prohibited area and breaking the law."
Newsome has been raising his profile in recent months, fueling speculation that he wants to seek higher office.
M-O-U-S-E
The right to own and benefit from your own prose, poetry, art or music is sacred. Copyright is one of the most important laws on the books, especially for anyone who creates such material.
The Disney Corporation, which owns such iconic characters as Donald Duck, Goofy and The Little Mermaid, has been very aggressive over the years protecting their property which is worth billions of dollars.
But this week they lose one. "Steamboat Willie" turns 95, and the copyright on the precursor to Mickey Mouse expired as December 31st turned into January 1st.
If you were reading this blog on New Years Eve, there would be an empty space here.
I had to wait for the clock to strike midnight before I could post a good picture of good old Steamboat Willie, who is now in the public domain and free to use.
Copyright usually lasts 75 years, but Disney got an extension on the original mouse that lasted until now.
I point all this out because Copyright is constantly under attack these days. The advent of the internet and social media has made it harder for writers (including journalists), musicians and artist to protect their work in a global economy where content pirates are many.
Violating someone's Copyright is no different from robbing a bank, but many people in the internet generation (Gen Z) seem clueless on this issue.
It will be interesting to see what happens to Steamboat Willie. Madison Avenue now has no restrictions from using him to sell their products, and I suspect that will happen very soon.
Disney meanwhile, continues to make millions off his reincarnation-- Mickey Mouse, and all of his animated friends. Walt would probably be quite pleased.
Mickey Mouse Is Set to Become Public Domain in 2024, But It's a Bit Complicated - IGN
Of note, also entering the Public Domain in 2024, Winnie the Pooh (A.A. Milne) and Tigger, too.
Dumbest Quote of The Week!
This week's dumbest quote comes from Republican presidential candidate Nikki Haley, who apparently missed something in her high school history class. At a town hall meeting in New Hampshire where she was campaigning, one of the audience members asked her what appeared to be a pretty softball question. "What was the cause of the United States Civil War?" She apparently had to think about it for a few seconds before saying:
"Well, don't come with an easy question. I think the cause of the Civil War was basically how government was going to run, the freedoms, and what people could and couldn't do. What do you think the cause of the Civil War was?"
Those folks in New Hampshire know how important their role is in picking a president, so the questioner shot back:
"I'm not running for president." To which Haley comes back:
"I think it always comes down to the role of government, and what the rights of the people are. And I will always stand by the fact that I think government was intended to secure the rights and freedoms of the people. It was never meant to be all things to all people. Government doesn't need to tell you how to live your life."
I could go on with the exchange, but the point is, she never mentioned SLAVERY until the questioner brought it up.
Later, when reporters asked about all this, she said the question was "planted" by the Democrats.
Maybe, maybe not. But her answer was pretty ridiculous. SLAVERY was THE cause of the U.S. Civil War. Anyone who says otherwise is trying to rewrite history.
Haley has been attracting a lot more scrutiny now that she has gained a bit in the polls.
She is also taking heat because, on her voter registration form from the year 2000, she identified herself as "white". She had an option for Asian American, but apparently didn't use it then. Haley's mother was a Punjabi from India, and Haley has been using her mixed race background as part of her campaign message.
(Your comments and suggestions are welcome)
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