Trump Fails at First Amendment Protections From Protesters

The Constitution of the United States of America

Trump incorrectly claimed that protesters who forced The Donald to cancel a rally in Chicago violated his right to free speech.

Reality

Freedom of speech without government interference is a fundamental right protected by the First Amendment to the Constitution of the United States of America. The protesters aren’t agents of the government, therefore, there was no constitutional violation.

The continued lack of knowledge of our government and the Consititution by Trump clearly shows he is not fit for the Presidency.

Links

https://twitter.com/realDonaldTrump/status/708619775153475584

Trump Calls for Arrests After Protesters Disrupt Kansas City Speech

Donald Trump said he wants to start “pressing charges” against protesters after the Republican presidential frontrunner’s Kansas City rally on Saturday was repeatedly interrupted by demonstrations.

The controversial candidate blamed “bad, bad people” for the disruptions, which came just a day after fights between Trump supporters and protesters erupted in Chicago.

I hope these guys get thrown in jail — they’ll never do it again,” Trump said on Saturday. “It’ll destroy their record, they’ll have to explain to mom and dad why they have a police record and why they can’t get a job. And you know what? I’m going to start pressing charges against these people.

Adding:

I don’t want to ruin people’s lives. But the only way we’re going to stop this craziness is if we press charges.

Reality

Freedom of speech without government interference is a fundamental right protected by the First Amendment to the Constitution of the United States of America.

But… but… my’s free speech was violated! Waaah!

The protesters aren’t agents of the government, therefore, there was no constitutional violation.

Media

Links

http://www.nbcnews.com/politics/2016-election/protests-continue-inside-outside-trump-kansas-city-event-n537351

Trump vs. the First Amendment

During a rally in Fort Worth, Texas, Trump began his usual tirade against newspapers such as The New York Times and The Washington Post, saying they’re “losing money” and are “dishonest.” The Republican presidential candidate then took a different turn, suggesting that when he’s president they’ll “have problems.”

One of the things I’m going to do if I win, and I hope we do and we’re certainly leading. I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money. We’re going to open up those libel laws. So when The New York Times writes a hit piece which is a total disgrace or when The Washington Post, which is there for other reasons, writes a hit piece, we can sue them and win money instead of having no chance of winning because they’re totally protected,

(h/t Politico, National Review)

Reality

Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. This clause is generally understood as prohibiting the government from interfering with the printing and distribution of information or opinions.

If a President Donald Trump does attempt to go after journalists and media outlets it would be a clear violation of the constitution and highly anti-American.

Media

Trump Talks About Judges ‘Signing Bills’

Republican presidential front-runner Donald Trump made a bizarre assertion about judges “signing bills” during the February 25th Republican CNN debate.

Trump made the comments while defending his sister Maryanne Trump Barry, who is a senior judge on the U.S. Court of Appeals for the Third Circuit. She is also pro-choice.

Trump said:

“Excuse me, she’s a brilliant judge. He’s been criticizing — he’s been criticizing my sister for signing a certain bill. You know who else signed that bill? Justice Samuel Alito, a very conservative member of the Supreme Court, with my sister, signed that bill. So I think that maybe we should get a little bit of an apology from Ted. What do you think?”

(h/t Daily Caller)

Reality

Judges don’t sign bills. That’s not how our democracy works.

The many statements by Trump like this highlight his complete lack of knowledge and understanding of the United States Constitution and our laws.

Media

Trump says Cruz’s Canadian birth could be ‘very precarious’ for GOP

Trump again raised his crazy ‘birther’ flag when speaking to the Washington Post about Ted Cruz’s eligibility for the presidency.

“Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” Trump said when asked about the topic. “It’d be a very precarious one for Republicans because he’d be running and the courts may take a long time to make a decision. You don’t want to be running and have that kind of thing over your head.”

Reality

The Constitution says the candidate must be 35 years of age and a resident of the United States for 14 years. The third qualification: He or she must be a “natural born citizen.”

The Congressional Research Service, the agency tasked with providing authoritative research to all members of Congress, published a report after the 2008 election supporting the thinking that “natural born” citizenship means citizenship held “at birth.”

Ted Cruz is eligible to be President of the United States of America.

Links

https://www.washingtonpost.com/politics/trump-says-cruzs-canadian-birth-could-be-very-precarious-for-gop/2016/01/05/5ce69764-b3f8-11e5-9388-466021d971de_story.html?postshare=6591452034521111&tid=ss_tw-bottom

http://www.politifact.com/truth-o-meter/article/2015/mar/26/ted-cruz-born-canada-eligible-run-president-update/http://www.fas.org/sgp/crs/misc/R42097.pdf

Donald Trump Wants To Ban the Internet, Plans To Ask Bill Gates To ‘Close It Up’

Bill Gates and Donald Trump

Donald Trump has called for the internet to be turned off so that children can no longer use it.

The presidential hopeful said that “We’ve got to maybe do something with the internet,” because it was being used to radicalise people. He said that he would “see Bill Gates” so that he could look into “closing it up”.

Children in America are “watching the internet and they want to be masterminds”, Trump said in a speech.

“We’re losing a lot of people because of the internet,” Trump said. “We have to see Bill Gates and a lot of different people that really understand what’s happening.

“We have to talk to them about, maybe in certain areas, closing that internet up in some ways. Somebody will say, ‘Oh freedom of speech, freedom of speech.’ These are foolish people.”

Reality

I’m a software engineer. The sheer lack of any serious understanding of technology makes them The Donald look old and stupid.

Furthermore, Bill Gates, who stepped down from Microsoft in 2014, had nothing to do with the development of the internet and instead ignored it until 1995. Microsoft is responsible for developing Internet Explorer and Edge which are browsers of the internet, meaning they understand the code of a webpage (HTML, Javascript, CSS) then paint the layout and text on your screen. It’s like a

Also, yeah freedom of speech.

Media

Links

http://www.independent.co.uk/news/people/donald-trump-wants-to-ban-the-internet-will-ask-bill-gates-to-close-it-up-a6764396.html

Trump Plans on Banning All Muslims from Entering the United States

In a press release by Donald Trump’s campaign and reiterated in almost every Republican debate:

Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.

Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.

Reality

While Korematsu v. United States has never been challenged and could be a slim avenue for implementation, most legal scholars would deem this bigoted plan unconstitutional. Trump’s proposal would violate the First Amendment’s Religion Clauses, the equality dimension of the Due Process Clause of the Fifth Amendment, and the Constitution’s general prohibition on religious tests outside of the immigration context as it would also conflict with the spirit of the No Religious Test Clause of Article VI.

Links

https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-on-preventing-muslim-immigration

http://www.nbcnews.com/politics/2016-election/law-experts-weigh-donald-trumps-plan-ban-muslims-n476041

Trump Proposes Killing Terrorist Families

In an interview on Fox & Friends the Republican presidential candidate Donald Trump said that he’d like to “take out” the families of terrorists.

“I would knock the hell out of ISIS… [and] when you get these terrorists, you have to take out their families. I say ISIS is our number one threat, we have a president who doesn’t know what he is doing and all he’s worried about is climate change, he thinks climate change is something that’s going to go kill us.”

Reality

All four Geneva Conventions from 1949 contain “Common Article 3,” which applies to “armed conflict not of an international character.” What does that mean? The U.S. Supreme Court, in the 2006 case Hamdan vs. Rumsfeld, ruled that “armed conflict not of an international character” means a war that is not fought against a sovereign state. (A sovereign state simply means a country with a recognized government.) Since groups like ISIS are not considered sovereign states, that means that Common Article 3 applies to the current war on terrorism.

According to Common Article 3, people who are taking no active part in the hostilities “shall in all circumstances be treated humanely… To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever … violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.”

Experts said this language would make Trump’s approach a violation of the Geneva Conventions, assuming that the family members were not taking part in terrorist activities.

Media

Links

http://time.com/4132368/donald-trump-isis-bombing/

http://www.politifact.com/truth-o-meter/statements/2015/dec/17/rand-paul/rand-pauls-right-geneva-conventions-bar-donald-tru/

Trump Mistakes Syrian Refugees for Illegal Immigrants

Twitter

Donald Trump sends anti-refugee tweet, “13 Syrian refugees were caught trying to get into the U.S. through the Southern Border. How many made it? WE NEED THE WALL!”

(h/t Los Angeles Times)

Reality

These were not illegal immigrants trying to evade authorities, instead these were legal asylum seekers following legal asylum protocol.

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

 

 

Trump Misstates Part of the Iran Deal

In criticizing the Iran deal as one of the “worst contracts” he would have to inherit as president, Trump has also incorrectly said that the agreement includes a stipulation that the United States would have to fight Israel in defense of the Iranians.

But there is a clause in there that people are not even talking about that we’re supposed to essentially come to their defense, the Iranian’s defense, and if Israel attacks, you know, where are we? Well, believe me, that will never happen. But how do they agree to things like this? We have a horrible contract. But we do have a contract.

Reality

The State Department disputed Trump’s characterization of the deal’s Section 10 of Annex III.

“This provision of the [agreement] is designed to help bring Iran’s nuclear security and safety practices in line with those used by other nuclear programs around the world,” said Marie Harf, Secretary of State John Kerry’s senior communications adviser, during a CNN fact check.

“The IAEA provides this kind of training routinely, as it is in the interest of all countries that nuclear material be safeguarded from theft and terrorist attacks — the types of ‘sabotage’ in question. This would be the focus of any such assistance by the P5+1 or other states,” she noted. “Nevertheless, this provision does not commit any country to engage in this kind of routine nuclear security cooperation, and it is absurd to suggest it [commits] anyone to ‘defend’ Iran’s nuclear facilities.”

Links

http://www.politico.eu/article/donald-trumps-11-worst-foreign-policy-gaffes-us-election-syria-mexico-iraq/

http://www.realclearpolitics.com/video/2015/09/04/donald_trump_slams_third_rate_radio_announcer_hugh_hewitt_after_bombing_mideast_quiz.html

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