SEASON 2 EPISODE 11: COUNTDOWN WITH KEITH OLBERMANN

A-Block (1:44) SPECIAL COMMENT: “Donald Trump cannot BE president – cannot run FOR president – cannot BECOME president – cannot HOLD OFFICE – unless two thirds of Congress decides to grant him amnesty for his conduct on January 6th." That’s from Will Baude, Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, and member of the ultra-conservative FEDERALIST SOCIETY, and former clerk for Chief Justice Roberts. He was summarizing, for The New York Times, an article he and Professor Michael Stokes Paulsen will publish next year in the University of Pennsylvania law review.

They insist that there is no doubt Trump has triggered the disqualification aspect of Section 3 of the 14th Amendment, and that it should be applied automatically by State Secretaries of State. “Section 3’s disqualification rule may and must be followed – applied, honored, obeyed, enforced, carried out – by anyone whose job it is to figure out whether someone is legally qualified to office.” The Federalist Society constitutional scholars say it's automatic. If you put Trump on the ballot, you are breaking the law.

And as academic and theoretical and dilettantish as this all sounds, these guys think it should be made really real: “There are many ways that this could become a lawsuit presenting a vital constitutional issue that potentially the Supreme Court would want to hear and decide,” said Professor Paulsen. And Paulsen is a distinguished university chair and professor of Constitutional Law and Federal Courts at the University of St. Thomas in Minnesota. And Steven Calabresi, co-chairman of the Federalist Society, co-founder and co-chairman of the Federalist Society, says the Baude-Paulsen article is “a tour de force" that proves “Trump is INELIGIBLE TO BE ON the ballot, and each of the 50 state secretaries of state has an obligation to print ballots without his name on them,” unquote – or they may be SUED.

There could be enough to knock Trump off the ballot in individual states. And with Citizens for Responsibility and Ethics in Washington (CREW) having successfully sued to remove a January 6th insurrectionist from office in New Mexico, there is a guidebook to how to literally stop Trump before he starts.

Also: Jack Smith really was pushing a Rocket Docket. He wants the J6 trial to launch on January 2. Meanwhile Trump's lawyers are so stupid they think the 2021 insurrection was three-and-a-half years ago, and his apologists like Jon Turley think January 2, 2024 is 18 days before the inauguration that the rest of us seem to believe doesn't happen until a YEAR and 18 days later.

B-Block (23:00) POSTSCRIPTS TO THE NEWS: In Iowa, Ron DeSantis literally phones it in. Senator Tommy Tuberville - of Florida? And when it doesn't work the fascists only have one play: yell louder. So Laura Ingraham says they MUST RUN ON HAVING REPEALED ROE-V-WADE. For once I agree with her! (27:45) THE WORST PERSONS IN THE WORLD: Unbanned Twitter QAnon loser has a new conspiracy and a new made-up source; Florida GOP County Chair allegedly plagiarized his university Honors Thesis from Wikipedia; And when Conspiracy Theories collide: the Antivaxxer "running" for POTUS is endorsed by the guy whose father claimed he assassinated the Antivaxxer's uncle.

C-Block (34:15) FRIDAYS WITH THURBER: My father so loved "I Went To Sullivant" that he literally listened as I read it to him one last time - and only when I finished did he pass away. Now THAT'S an endorsement!

See omnystudio.com/listener for privacy information.