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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

FN9. Tom Boggioni, “Threat of abrupt Alito and Thomas retirements has conservatives panicked over backlash,” Raw Story, 10/8/26, accessed 10/10/26. FN10. Tom Borman, “Judge’s Cannon Fodder For the Legal Scene,” Law Fuel,12/29/24, accessed 10/10/26. 22/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

FN8. The new Senate and new House will be sworn into office January 3, 2027. Ballotpedia, “United States Congress elections, 2026,” accessed 10/10/26. 21/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

FN5. 50 U.S.C. §1541, et seq. FN6. Const. Amend XXV, §4. FN7. See, Nate Silver and Eli McKown-Dawson, “How Popular is Donald Trump?” Silver Bulletin, 10/9/26, accessed 10/10/26; also, see Real Clear Polling, Battle for the House and Battle for the Senate, 2026. 20/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

FN3. Rick Hasen, “Despite President Trump’s Claims of Foreign Election Interference, He Has No Legal Authority To Declare a National Emergency and Unilaterally Nationalize Elections,” Election Law Blog, 9/2/26, accessed 10/9/26. FN4. Const. Art I,, sec 8. 19/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

FN2. Zac Anderson, “Trump Doesn’t Rule Out Invoking the Insurrection Act Around Election,” USA Today, 10/1/26, accessed 10/9/26; Nik Pooli, “Trump Floats Cancelling Election, Then Insists He Won’t,” TIME, 1/6/26, accessed 10/9/26. 18/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Footnotes: FN1. That is “concern” as “interest, anxiety” (The Merriam-Webster Dictionary, 1974 ed., p. 157, and not the faux concern expressed frequently by Sen Susan Collins (R-ME) before she caves, on matters trumpian, in a Senate vote. 17/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

trump and his minions would be smug and happy. Maybe they’d have a parade for success of Amendment XXV as well as ceremonies for Cannon’s swearing in as a new justice on the highest Court. Be careful what you wish for. 16/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

GOP leaders probably would congratulate each other & brag about how well our system works. Aileen Cannon would be sworn into office of one of the two now-vacant seats at the Supreme Court. People who had wanted to invoke Amend XXV would be castigated, and ....15/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Vance can re-visit matters, say trump never was nuts, and turns the reins back to trump, who goes after anyone he never liked. If you there might people in the GOP to stop this, think back to Jan 6. Sen Graham and Sen McConnell reversed positions fast. 14/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

By then, our gov’t will be cooked. trump is in on the effort, and might even get cold feet.it’s difficult to believe he’d play along, but a quick call from Putin & a brochure from Vlad of windows in really high buildings could encourage trump to believe all is well. 13/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Oct 27: Various groups, political parties and members of Congress file suit to reinstate the elections + emergency motion for immediate relief. Vance, trump, etc, demand a chance to reply to everything that has been filed. Roberts, C.J., grants time to reply. 12/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

It might solidify maga control of this country. Here’s how it could play out: Oct 26: Near the end of business, Vance files the Amend XXV paperwork, simultaneously announcing elections are suspended given this grave crisis. 11/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Mar-a-Lago documents case has members of the legal community still shaking their heads. And she’s not yet 50. [FN10] It’s taken a lot of $ and effort to line up a 6-3 majority that has bastardized the law. That’s why Amendment XXV might not check trump’s power. 10/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

4) The Supreme Court. If the GOP loses control of the Senate [FN8] the GOP will have to move fast and coordinate retirements of 78-year-old Clarence Thomas and 76-year-old Samuel Alito, [FN9] Can you imagine Aileen Cannon on the Court? Her pro-trump rulings in the 9/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Matters are worse than even a few months ago: 1) Elections barely > 3 weeks away; 2) trump is pulling GOP candidates down [FN7]; 3) All 435 House seats & 35 Senate seats are on the ballot; & then there’s 8/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

We should not be brimming with confidence that Republican members of Congress will display courage any greater than Sen Josh Hawley (R-MO) when, on Jan 6, he set an unofficial record for sprinting on the Capitol’s waxed marble floors while wearing Florsheim loafers. 7/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

and “shall resume the powers and duties of his office” unless the VP & a majority of the cabinet reply. Then “Congress shall decide the issue, assembling within [48] hours ... for that purpose if not in session [or] within” 21 days after receipt of the last declaration. [FN6] 6/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

and the Speaker of the House their “written declaration that the President is unable to discharge the powers and duties of his office,” the V Pres shall immediately assume the powers and duties of the office...” The President can send “written declaration that no inability exists” 5/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Because trump’s behavior, speech, etc, are deteriorating rapidly, some suggest Amendment XXV be invoked. It provides that when the V Pres & a majority of the principal officers of the “executive departments [i.e., the cabinet] transmit to” the Senate’s President pro tem 4/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

There’s not even a resolution under War Powers Act. [FN5] Yet we are over 7 months into his attacks on Iran. This situation is different. No American election ever has been suspended or delayed. Even in times of war (War of 1812, WW1 & WW2) or insurrection (Civil War), elections have been held 3/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

We should be concerned. [FN1] In the past year, trump has mused that he might, then might not, suspend the mid-terms. [FN2] He has no such authority, [FN3] but he doesn’t have authority to attack another country without provocation or a declaration of war. [FN4] 2/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 9h

Contrary to hopes of many, provisions in the Twenty-Fifth Amendment to the Constitution that provide for removal from office of a President “unable to discharge the powers and duties of his office” could give trump an excuse to suspend November 3 mid-term elections. 1/22

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

FN6. Julian Barnes, et al, “U.S. at Fault in Strike on School in Iran, Preliminary Inquiry Says,” NYT, 3/11/26; ““The School That Became a Grave”: Jeremy Scahill on U.S Bombing of Minab, Killing 120+ Iranian Kids,” Democracy Now!, 10/2/26, accessed 10/8/26. 8/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

FN3. The U.S. Senate ratified the Charter by a vote of 89–2 on 28 July 1945. FN4. United States Senate, “About Treaties,” accessed Jan 3, 2026. FN5. Const. Art. II, sec 4. 7/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

Footnotes: FN1. Const. Art I, sec 8. FN2. Article 2(4) of the UN Charter prohibits threat or use of force against another state. Also, see Mchael Merryman-Lotze, “What you need to know about the U.S. war on Iran,” American Friends Service Committee, 3/9/26. 6/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

Whether the Nov 3 elections will be allowed might be a tough call. People should watch betting sites and see if money is laid down from the White House. Otherwise, make sure you vote. We have war criminals at the top of the Executive branch. 5/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

In the first hours of the unprovoked attacks that trump ordered, including over 100 school girls on Day 1. [FN6] These are war crimes. Johnny Roberts and the 5 other corrupt gop SCOTUS justices cannot confer immunity for murder as war crimes under international law. 4/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” [FN5] trump is culpable for many deaths. 3/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

This is an impeachable offense. The U.N. Charter prohibits use of force against the territorial integrity or political independence of any country. [FN2] The US is a signatory to that Charter. [FN3] Treaties are law. [FN4] 2/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 08/10/2026

The President of the United States does not have authority under the Constitution to attack other countries. The Framers of the Constitution vested the power to declare war in Congress. [FN1] In the months since trump joined Israel and attacked Iran, war has not been declared. 1/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

FN6. Laub and Maizland, Council on Foreign Relations, “The U.S. War in Afghanistan,” updated 9/22/22, accessed 9/11/26. FN7. Riedel, “9/11 and Iraq: the making of a tragedy,” Brookings, 9/17/21, accessed 9/11/26. FN8. “September 11 attacks,” the History Channel, 2/17/10, updated 9/11/26. 10/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

FN3. The 9/11 Comm'n Report, pp. 434-37. FN4. PEN Int’l, “Concerning Systematic Restrictions on the Right to Freedom of Expression ...” 2/8/2018, p. 2. FN5. See, Richardson, “Forged by Fire: the Securitized Relationship between the US and Saudi Arabia,” Harvard Int’l Review, 3/13/23 9/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

Footnotes: FN1. I direct this to “U.S. citizens” because we are the people w/the right to vote and, thus, can vote for people who would act to change things that I discuss here. FN2. “destitute of, deficient in, or contrary to sense.” Merriam-Webster online dictionary, accessed 9/11/26. 8/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

run up by a man known for stiffing the help & who probably won’t be around at closing time. If a nation’s leader commits war crimes, when do the people of his nation become complicit? Mid-term elections are just around the corner. Exercise your franchise. 7/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

Since 1/20/25, trump has committed our military to help Israel attack Iran & has used military forces to kill w/o regard to international law or approval by Congress. People of this country on 9/11/01 paid a huge tab for ill-considered policies & warfare. A new tab is being 6/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

attacks were a pre-text to invade, Iraq. The 9/11 Commission found no credible evidence to link Iraq to 9/11. [FN7] Osama bin Laden cited U.S. support of Israel, Gulf War 1, and continued military presence in the Middle East as reasons for the attacks. [FN8] 5/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

President George W Bush warned Taliban leaders of Afghanistan to “deliver to the United States authorities all the leaders of al-Qaeda who hide in your land,” or share in their fate. U.S. attacks, on targets in Afghanistan, at first, were surgical. [FN6] For the U.S. gov’t, 9/11's 4/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

The rest of the World expressed sorrow for the loss of lives in NYC, at the Pentagon, and in the middle of a Pennsylvania field. The U.S. moved quickly to bring to justice those who helped to fund, plan and carry out the attacks. Afghanistan was where some hijackers trained. 3/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

15 of 19 hijackers were from Saudi Arabia, [FN3] where “criticism of the ruling family, the ruling system []the kingdom’s official religion, or the government” is met with lengthy prison sentences.” [FN4] U.S. ties to Saudi are bipartisan, strong & oil-based. [FN5] 2/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 11/09/2026

Lessons that U.S. citizens [FN1] can learn from 9/11 & its aftermath seem to elude many of us. The attacks were abhorrent, but not “senseless.” [FN2] Terrorists chose targets in the U.S. Our policies toward & backing of the same despots as pre-9/11 should be noted. 1/10

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

FN4. See, M.A. & Choma, E.F. (2022). Disparities in Activity and Traffic Fatalities by Race/Ethnicity. American Journal of Preventive Medicine, 63(2):160-167. 8/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

FN2. I use the plural “communities” because there are various categories to define or sort by place of origin immigrants to the U.S. FN3. American Immigration Council, “Debunking the Myth of Immigrants and Crime,” 10/17/24, accessed 9/9/26. 7/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

Footnotes: FN1. Whether an immigrant is in the United States w/legal documentation or entered this country w/o proper documentation is irrelevant to today’s blog. 6/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

2. We need stats on oligarchs’ girlfriends or wives who purchased trump properties. Yes, indeed we have a problem in that regard. And the organized crime has to do w/a racketeer-influenced corrupt organization that’s definitely no longer the “Party of Lincoln.” 5/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

However, somebody else someplace else is dead because that immigrant driver was replaced in this country by someone native-born. Another problem arises, however, when we face the cold reality of organized crime and “anchor” babies from Russia... 4/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

Stated slightly differently: a person killed in a traffic collision by an at-fault immigrant driver is still alive since “but-for” causation is absent. Negligence rarely supports criminal liability, and immigration status generally is not a stat recorded in wrecks. [FN4] 3/8

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marksmall1973.bsky.social @marksmall1973.bsky.social · 09/09/2026

ignorance has few bounds, statistics can suggest a return to reality. Crime rates w/in immigrant communities [FN2] are lower. [FN3] There are two points to consider: 1. Swapping out immigrants & replacing them w/native-born Americans increases crime. 2/8

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