Category: Ignorance of Law

Trump Volunteers Now Required to Sign Non-Disclosure Agreement

Reported by The Daily Dot, the Trump Campaign is now requiring some volunteers to sign Non-Disclosure Agreements before they can help the campaign – agreements that would theoretically allow Trump to sue volunteers for talking about the campaign and a process that some legal experts say is unusual and probably unenforceable.

2. No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so.

3. No Competitive Services. Until the Non-Compete Cutoff Date you promise and agree not to assist or counsel, directly or indirectly, for compensation or as a volunteer, any person that is a candidate or exploring candidacy for President of the United States other than Mr. Trump and to prevent your employees from doing so.

Volunteers also sign a non-disclosure agreement, forbidding them from sharing any sensitive information from the campaign. What kind of information is sensitive or confidential is completely at Trump’s discretion, according to the contract.

Volunteers must also sign a non-compete agreement that extends until Trump ceases his campaign for president, identified in the contract as the “Non-Compete Cutoff Date.” The agreement also forbids volunteers from working for another presidential candidate, should they change their minds.

In the event of a Trump victory in November’s general election, the non-compete clause could extend until his 2020 reelection campaign or even 2024, at the end of a second Trump term, the document explains. If Trump loses but wants to run again in the next election or in any presidential election in the future, the contract states the volunteer cannot work for another candidate.

Volunteers are, once again, theoretically bound to “to prevent your employees from” working on any other presidential campaign at any point while Trump is running for president, ostensibly locking them into Trump’s political career for life.

Reality

Trump again displays his complete lack of understanding of the First Amendment to the Constitution of the United States of America. As a bully he repeatedly uses the threat of litigation to scare people, no matter how silly the lawsuit would be.

Links

http://www.dailydot.com/politics/donald-trump-volunteer-contract-nda-non-disparagement-clause/

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.”

 

 

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