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COLORADO SUPREME COURT DISQUALIFIES TRUMP ON 2024 STATE BALLOT
DOW JONES INDEX HITS ALL-TIME HIGH
by Vijaya Chandrasoma
In September, Colorado District Court Judge Sarah Wallace ruled that Donald Trump is qualified to contest the Colorado primary ballot in 2024. Her ruling hinged on a technical interpretation of the wording of Section 3 of the 14th Amendment, which states:
No person shall be a Senator or Representative in Congress, or elector of the President and Vice-President, or hold any office, civil or military, under the United States, or any other state, who previously having 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 each House, remove such disability.
The 14th Amendment was ratified after the Civil War in 1868, based on a statement made by President Abraham Lincoln, when he spoke to Congress in 1861:
“When ballots have been fairly, and constitutionally decided, there can be no successful appeal back to bullets”.
Lincoln’s grave has been spinning violently since 2020.
In her ruling, Judge Wallace acknowledged that Trump was guilty of inciting a violent insurrection to subvert the constitutional function of Congress, engaged in the certification of the election of President Biden.
However, on a strict but preposterous interpretation of the 14th Amendment, she deemed that a president of the United States is not an “officer of the United States”, because the 14th Amendment did not specifically contain the word “president”.
Preposterous, as the Amendment includes all those who have sworn allegiance to the Constitution, which is the first action of the new President when he formally assumes the presidency, as Trump did in January 2017.
When she submitted her ruling, Judge Wallace all but implored the Colorado Supreme Court to overrule her decision. Her prayers were answered last Tuesday.
Since her ruling in September, there has been increasing momentum among the legal community, ratifying the constitutional argument that, according to the 14th Amendment, Trump should be disbarred from contesting any federal position, including the presidency.
Lawrence Tribe, Professor Emeritus of Constitutional Law at Harvard University, Founder of the American Constitution Society and deemed one of the nation’s foremost authorities on Constitutional Law, stated, “The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be end of the nation, the end of democracy”.
Santa came early this year, when, on Tuesday, December 19, the Colorado Supreme Court reversed the lower court decision, and ruled that Trump be disqualified from being on the state’s 2024 presidential ballot. The ruling was based on Section 3 of the 14th Amendment, that Trump “engaged in an insurrection with his words and actions around the January 6 attack on the US Capitol” and therefore cannot hold the nation’s highest office again. The fact that the word “president” was missing in the Amendment was not relevant as the president was an officer of the state who had taken an oath to uphold the Constitution of the United States.
Section 3 of the 14th Amendment is a self-executing provision of the Constitution, a provision that can be enforced without the aid of a legislative enactment, like a conviction.
Republicans argue that the question of who should be on the presidential ballot is a matter for Congress, not a decision to be made by state courts.
The Colorado ruling will now be appealed before the Supreme Court of the United States.
The Supreme Court gives Trump a 6/3 advantage. A prejudiced highest court in a land where not only the judiciary, but the legislature and the executive functions are debased to levels that would be treated with contempt in the most corrupt Banana Republic.
A land where a criminal, convicted of fraud and sexual assault, arrested and on bail for 91 felonies, including espionage and attempting to incite an insurrection to overturn one of the fairest elections in the nation’s history, walks free. He also is the choice of the majority of the electorate to again preside over the country whose democracy he had incited his terrorist supporters to overthrow. And now threatens openly, in his campaign rallies, that, if he is re-elected to the presidency, he will terminate the Constitution revered throughout the world, prosecute his political opponents and marginalize a large swath of its minorities. He is on a path to succeed where Hitler failed.
The final ruling of the Supreme Court may not only affect the Colorado ballot, but also those of other states. All 50 states have mechanisms in place to disqualify candidates who do not meet basic presidential requirements, and many will likely use these mechanisms to disqualify Trump, depending on the final ruling of the Supreme Court.
There is one important factor to be considered regarding the US Supreme Court, which could have some influence on the Colorado ruling to disbar Trump from contesting the presidency in 2024:
Conservative Justice Clarence Thomas has already recused himself from a case related to the January 6, 2021 insurrection at the US Capitol, an appeal brought by John Eastman, former Trump adviser, indicted on election fraud. No reason for Thomas’ recusal was given, though his corruption and his wife’s complicity in the January 6 insurrection are ongoing scandals.
Thomas’ recusal on the Eastman case may set a precedent for him to recuse himself on all future cases involving the insurrection. In that event, the Republican majority in the Supreme Court on the Colorado case will be reduced to 5/3, with a possibility of an even 4/4, with Chief Justice Roberts usually voting not on party lines but on conscience.
Also, Justice Kavanaugh, in previous writings, has approved the immunity of a sitting president of investigation into all crimes, but opined that immunity no longer exists after he leaves the office. Of course, he is not necessarily compelled to base his rulings on past writings.
Trump thrives on incriminating legal decisions, which he, like no politician in history, can turn to his advantage, even make tons of money from his criminal behavior. The more damning the legal accusations as to his criminality, even his treason, the higher his ratings rise, the more funds he raises from his devoted supporters. Trump may be a treacherous moron, but his God has compensated him with the gift of making money out of crime that transcends all his many evil character flaws.
Recently, Trump has juiced up his incredibly bigoted, cruel and noxious anti-immigrant and anti-Semitic rhetoric, getting more evil every passing day. Vile rhetoric, direct quotations from Hitler’s Mein Kampf – “vermin poisoning the blood of our people”, “mass deportation camps” – have been his regular oratorical fare at campaign rallies.
However, the virulent speeches made during the past week, which make Hitler’s rants sound like children’s bedtime stories, were no longer the impromptu drivel of a racist madman. They have been read from a teleprompter, indicating that they represent the official Republican Party line. Extreme authoritarian policies which will maintain the privileges of Christian white supremacists, and take America back to the good old days of segregation and Jim Crow.
This latest decision to openly toe the Nazi, white supremacist line was probably made by Trump and the billionaires and corporations who fund the Republican Party because it seems to be working. What is truly frightening is that these racist, fascist rants at campaign rallies are not only met with thunderous applause from Trump’s devoted supporters, but are now gaining the approval of an alarmingly large section of the American electorate. The reason Trump continues to spew such hatred may be because he feels that America is ready for a “temporary” dictator, ready to exterminate those vermin who poison the blood of white people. Sure worked for Hitler. Until the American cavalry came to the rescue in 1945.
If Trump is defeated in November, he will once again claim the election was rigged, refuse to concede defeat and incite a Civil War. Unfortunately, Americans cannot count on the cavalry to appear at the last moment to rescue them, because they themselves are the cavalry.
The more vitriolic Trump’s anti-immigrant and anti-Semitic rantings. the higher his poll numbers rise. The more Trump shouts about the Jews and brown-skinned immigrants not just from Latin America, but from Africa and Asia (Europeans are fine, Russians welcome) being the enemies of the people, the greater his popularity, not just from the cult, but also from moderate Republicans and Independents. The holocaust may be a nightmare of the past for the Germans, but it could well be a harbinger for the America of the future.
Trump even sings the praises of murderous dictators like Russia’s Putin and Hungary’s Orban, who graciously reciprocate the compliment. Orban said that Trump is the only hope for the salvation of the western world – which, in this context, means the salvation of white supremacy.
The re-election of a twice impeached, quadruple indicted former president is a terrifying prospect. He has now doubled down on his resolve to be a “dictator for a day” if re-elected. Only it won’t be for a day.
As Maya Angelou, renowned poet and political activist once said, “When people show you who they are, believe them the first time”.
The latest rumor is that a red binder containing top-secret files, a collection of intelligence on Russian collusion in the 2016 election shared with NATO, has gone missing since Trump left the White House. These files are said to be buried in first wife Ivana Trump’s coffin, behind the first tee at his golf course in Bedminster, New Jersey.
Top-secret documents may well be on sale at the White House gift shop, if Trump wins a second term. Trump will personally declassify and sign them for an extra charge.
The obvious alternative to a Nazi dictatorship in 2024 would be incumbent President Biden or the presidential candidate of the Democratic Party, to ensure that the nation will continue with the progressive policies initiated during Biden’s first two years. Legislation already showing positive results in the form of an improving economy, low unemployment, inflation under control and rising wages. Last week, the Dow Jones Industrial Average, the most reliable gauge of the strength of an economy, reached an all-time high of 37,305 points.
Besides, I feel that regular Americans are getting sick of Trump’s whining that he has been the perpetual victim of a multitude of witch-hunts. Even during the four years when he held the most powerful position in the world, he failed to catch these hunters, who exist only in that deluded piece of crap that masquerades as a mind.
On that mildly indecent but hopeful note, I wish you all a Merry Christmas.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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