Plus, Defending Faith, Family & Freedom.   Fighting For Faith, Family & Freedom Thursday, December 21, 2023 To: Friends & Supporters From: Gary Bauer Stand With American Values Stand With American Values as we defend Faith, Family and Freedom! Year-end fundraising makes up a huge part of our annual budget, and your support is essential to our success! More importantly, as you will read below, your support has never been more urgently needed. To keep these daily reports coming and our working in Washington going. . . Please stand with me now when you can DOUBLE your support! Meese v. Smith Former Attorney General Ed Meese is arguing before the Supreme Court that the appointment of Special Counsel Jack Smith was illegal and unconstitutional. As we reported last week, Smith is currently attempting to undermine Donald Trump’s legal rights with an “extraordinary request” to force the Supreme Court to decide the issue of presidential immunity without going through the standard appeals process. So, Meese, a long-time friend and ally, took the opportunity to file an amicus brief with Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a constitutional law professor at Boston University School of Law, essentially arguing that Smith shouldn’t be there at all! And they have raised some valid points. The Constitution created very few offices, and it is clear that Congress must create all others. There was a law that governed the appointment of independent counsels, but it expired in 1999 and was never renewed. The power Smith has been given by Biden’s Department of Injustice, which Smith is using to persecute the former president, is equal to that of a federal prosecutor, which requires Senate confirmation. Obviously, Smith was never confirmed by the Senate after Merrick Garland appointed him. To be clear, Meese is not arguing that all special counsels are illegal. But if a situation arises that warrants such an appointment – oh, I don’t know, maybe investigating the corrupt dealings of the president and his son – then you simply need to appoint a current federal prosecutor to the task, which is exactly what Garland did with the appointment of U.S. Attorney David Weiss. In Smith’s case, he left government service in 2017 and was working overseas in Europe when Garland tasked him with persecuting Trump. He was a private citizen who was suddenly bestowed with extraordinary power. As Meese and his colleagues state in their brief, “Improperly appointed, [Smith] has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.” The Need For Strength Predictably, other progressive states (here and here) are now citing the decision of the Colorado Supreme Court to pursue efforts to remove Donald Trump from the ballot in their states. Again, don’t miss the totalitarian impulse of the left. No matter who you favor for president, especially if they’re “nicer” and “less confrontational,” you must ask yourself this essential question: Do they have the strength to deal with the neo-Marxist threat that now confronts America? Make no mistake about it: Everything being done to Trump, if it succeeds, will be done to anyone we nominate, certainly any serious conservative. As an aside, I hope the other candidates -- Christie, DeSantis, Haley and Ramaswamy -- are assuming that their conversations with senior staff are being monitored by the Deep State on some trumped-up national security issue. Just like they did to Donald Trump. Just like they did to the Senate. Just like they did to other members of Congress. Just like they’re doing now to parents and conservative Christians. (Again, it was never “just Trump.”) I often hear people say they are backing another candidate because they’re tired of “all the Trump drama.” Well, the left fully intends to strip you of your constitutional rights. There’s going to be drama! If there’s no drama around other candidates, it means that they’ve already surrendered and the left doesn’t fear them. Shootout At Supreme Court Corral There are now multiple election-related cases heading to the Supreme Court. Some people are suggesting that if the system is working properly, the justices should rule 9 to 0 against the Colorado Supreme Court because its decision was so outlandish and unconstitutional. (See next item.) But. . . What if that decision and the legality of Jack Smith’s appointment are decided 5 to 4? There will be a leftist attack on the Supreme Court that will make everything we’ve seen before look like a picnic! I fully expect that’s why Biden’s Justice Department has failed to stop the demonstrations outside of the justices’ homes. Those demonstrations will get really ugly. You know -- more drama! Some people might not believe that the left plans this far ahead. Well, do you really think it was a coincidence that within 24 hours every left-wing politician and pundit started referring to a mini-riot in 2021 as an “insurrection”? That’s a very specific term with a very specific legal meaning to it. They were planning then to play the cards they are playing now. If January 6th was an insurrection, then Donald Trump can’t become president. The left is trying to browbeat Justice Thomas into recusing himself from Trump cases. I guarantee there is incredible pressure on Chief Justice Roberts, who seems to be a “weak reed.” If the neo-Marxist left prevails, they will end the Senate filibuster, and they will try again to pack the Supreme Court. About That Decision. . . Here are a few reasons why the Colorado Supreme Court decision banning Trump from the ballot is so absurd. First, Trump has never been charged with insurrection against the government. Nor has he ever been convicted of committing an act of insurrection. In fact, no one involved in the events of January 6th has been formally charged with committing an act of insurrection! Second, the majority based its ruling on the findings of the January 6th Committee. That committee was set up by Nancy Pelosi to be a Stalinist show trial, complete with a major media producer, and designed to yield a predetermined result. Donald Trump had zero representation and was denied every right of due process. Lastly, this decision was so egregious that it divided a court made up entirely of liberals. The Colorado Supreme Court of seven liberals split 4 to 3. If the result was so obvious, you’d think it would have been a 7 to 0 ruling. But it wasn’t, and the fact that seven liberals were so divided is very revealing. But here’s the bottom line: The totalitarian leftists on the Colorado Supreme Court just canceled the election in Colorado. If the opposition party isn’t allowed to put their likely nominee on the ballot, there’s no election. In recent years, some people have warned that there might not be an election in 2024. It seemed like a crazy thing to say. Well, the neo-Marxists in Colorado just did it, and other leftist states are threatening to do the same thing. So, maybe we need to apologize to some of our friends who we thought were a little nutty for suggesting they would cancel the election! Xi’s Threat The stock market dropped massively yesterday. It had been rallying for a while, so maybe it was just a correction. But as the market was tanking, a story was breaking that Xi Jinping, communist China’s dictator, had warned Joe Biden that China was going to retake Taiwan. The only undetermined issue was when. Thinking about Biden’s possible reaction to this threat makes me want to throw up! So, it’s just been leaked that Xi told Biden to get out of his way. But what hasn’t leaked out is what Biden said in response. He probably told Xi a story about his Amtrak travels. Or maybe Biden told Xi to give Hunter a call to negotiate the details of the “Taiwan acquisition.” After all, Hunter is the “smartest person” Joe knows, and he’s done a lot of business with the Chinese. Meanwhile, Taiwan’s elections are coming up. Japan, Indonesia, Australia, South Korea and the Philippines are all watching. And the Biden White House isn’t saying anything? There seems to be more outrage in Washington that a Japanese company is trying to buy U.S. Steel than there is over communist China’s threats to take over the Pacific. Defending Faith, Family & Freedom In this week’s Defending Faith, Family, and Freedom podcast for the James Dobson Family Institute, I expose the school board grinches in one Pennsylvania community who tried to steal Christmas from little children. And I’m pleased to report that they are backing down after a major public backlash. 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