The recent
President Biden didn't honor his oath of office to preserve, protect and defend the Constitution by filing an Amendment 14, Section 3 federal lawsuit to prevent Donald Trump from holding public office, so it falls on me to do it for him?
post at this blogspot contained a draft of a lawsuit Complaint, which I drew up over several days' time to file pro se in The United States District Court for the Northern District of Alabama, in Birmingham. The post included a preamble of what inspired me to draw up the lawsuit, which went through many drafts, and an appendix describing the personal and internal struggle I had with taking on such a colossal litigation all by myself, to force President Biden, pursuant to his oath of office, "to preserve, protect and defend the Constitution of the United States," to prosecute a federal civil lawsuit to block Donald Trump from holding office under Amendment 14, Section 4, United States Constitution, as follows:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously 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 of each House, remove such disability.
The next post
Grandfossil turned 81 yesterday: He's old, but he's ornery, and he's worn out, and his Last Will and Testament is his non-fiction, fiction and stranger than fiction books and The Redneck Mystic Lawyer Podcast
reported that, on my 81st birthday, my pre-dawn dreams and a pre-dawn dream of my friend, who does the tech work for The Redneck Mystic Lawyer Podcast and put many of my books into the free internet library, archive.org, told me not to file the lawsuit. Subsequent dreams nagged me to do something, but I could not figure out what. Dreams last night targeted what I inexplicably had not included in the Complaint, the core of the the lawsuit, which is Donald Trump and his white hordes are America's version of the Fourth Reich, a reincarnation of the Confederacy.
So, I crawled out of bed this morning and put that into the draft of the Complaint, which I still do not feel I have the physical and professional stamina and ability to prosecute all by myself. Perhaps the ACLU, Southern Poverty Law Center, Ralph Nader's Raiders, or some other patriotic legal outfit or heavy weight lawyer or law firm will file the lawsuit, or help me file it.
I am not attached to being the plaintiff, but the plaintiff needs to be a U.S. citizen, who is qualified to vote. In which case, my personal information in the Complaint should be switched out for the plaintiff's.
In the United States District Courtfor the Northern District of AlabamaSloan Young Bashinsky, Jr. Plaintiff
vs.
President Joe Biden and former President Donald Trump, Defendants
Verified Complaint
Comes now the Plaintiff and says he is a citizen of the United States, born on October 7, 1942, in Birmingham, Alabama, where he lives and is a registered voter. He brings this action under:
28 U.S. Code § 1361 - Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
Plaintiff's standing to bring this action
1. Donald Trump and Joe Biden made an oath when they were sworn into office as President of the United States:
United States Constitution Article II, Section 1, Clause 8
Before he enters on the Execution of his Office, he shall take the following Oath or Affirmation:–I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
That oath was made to the Constitution of the United States for the benefit of the United States and every citizen thereof.
2. On January 6, 2021, a huge mob incited by outgoing President Donald Trump tried to stop the Congress from counting the electoral votes and outgoing Vice-President Mike Pence from certifying the electoral votes, pursuant to Article 2, Section 1 of the U.S. Constitution, Amendment 12 of the U.S. Constitution, and 3 U.S. Code § 15 ~ Counting electoral votes in Congress 3.
3. When President Trump violated his oath office by inciting the January 6 insurrection, he disqualified himself to run for public office again, under:
U.S. Constitution Amendment 14, Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously 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 of each House, remove such disability.
4. Amendment 14, Section 3 was passed after the Civil War to block people, such as Jefferson Davis, President of the Confederacy, and Robert E. Lee, Commander of the Confederate Army, from holding public office. Donald Trump did not try to secede from the United States of America and its Constitution (the Union). He incited insurrection to try to take them over.
5. After former President Trump announced in 2021 that he would run for president again, President Biden, pursuant to his oath of office, to preserve, protect and defend the Constitution, should have brought an Amendment 14, Section 3 action in the United States District Court, in Washington, D.C., to disqualify Trump from running for president again.
6. After private citizens in 2023 filed Amendment 14, Section 3 actions in state courts to disqualify Donald Trump from running for president, President Biden still did not honor his oath to preserve, protect and defend the Constitution by filing an Amendment 14, Section 3 action to disqualify Trump from running for president again.
7. Thus Plaintiff, a natural-born American citizen and resident of and registered voter in Birmingham, Alabama, asks the Court to Order President Biden to uphold his oath of office by asking this Court to enforce Amendment 14, Section 3 and bar Donald Trump from holding public office, including President of the United States. Alternatively, Plaintiff asks the Court to rule President Biden breached his oath to preserve, protect and defend the Constitution of the United States, and private U.S. citizen and registered voter Plaintiff can bring the action by default for President Biden - Cf shareholder derivative action in corporate law.
Detailed allegations of fact for enforcing Amendment 14, Section 3 against Donald Trump:
8. Based on many television news media reports Plaintiff watched and news articles he read and photos he saw online, this from Wikipedia sums up some of it.
The count of the Electoral College ballots during a joint session of the 117th United States Congress, pursuant to the Electoral Count Act (3 U.S. Code § 15 - Counting electoral votes) in Congress, on January 6–7, 2021, was the final step to confirm President-elect Joe Biden's victory in the 2020 presidential election over President Donald Trump, the incumbent.
The event drew unprecedented attention because of the efforts of Trump and his allies to overturn the election results. A group of legislators from Trump's Republican Party announced they would formally object to counting Biden's votes in swing states, while Trump unsuccessfully sought to have Vice President Mike Pence use his presiding role over the count to change the outcome. The joint session adjourned twice to debate objections against the votes won by Biden in Arizona and Pennsylvania; both objections were defeated in the House and Senate, with only six Republican senators supporting the former and seven supporting the latter. Republican representatives also raised objections against votes for Biden from Georgia, Michigan, Nevada, and Wisconsin, but these objections failed because they were not co-signed by a senator.
Amid the debate on Arizona's votes, rioters stormed the Capitol building, causing the count to be temporarily halted until officials could safely return to their chambers. The counting resumed in the evening after the Capitol was secured and concluded by the following morning.
9. To which Plaintiff adds, based on what he knows and what he saw on television and read in the news media:
The Electoral College is provided for in Article 2, Section 1 of the U.S. Constitution, which was somewhat amended by Amendment 12.
When he was President, the Defendant Donald Trump incited hordes of people to travel to Washington, D.C. to "Stop the steal", by preventing the U.S. Congress and outgoing Vice-President Mike Pence from doing their Constitutional duty to count and certify the electoral votes, which they had sworn an oath to do when they assumed their offices. Trump revved up the insurrectionists near the Capitol and sent them to the Capitol, but he did not go with them. On television, he watched them storm through Capitol Police and break into the Capitol. Although Trump was urged by family and close associates and federal officials to ask the insurrectionists to stand down and leave, he did not do that. When Trump heard the insurrectionists chanting, "Hang Pence," he chanted it, too. Only later did Trump ask the insurrectionists to stand down and leave. Trump's lawyers told him the election was not stolen, as did his Attorney General Bill Barr. Trump continued to this day to claim the election was stolen, even though he never produced a shred of evidence that it was stolen.
Trump never showed any remorse for the January 6, 2021 assault on the Capitol and the injuries and post traumatic shock suffered by Capitol police. Trump has said, if elected in 2024, he will pardon the insurrectionists and anyone prosecuted for aiding and abetting the insurrection. Trump has said, if they came for him, he would come for them.
Before Trump ran for President in 2016, it was reported in "Vanity Fair" magazine that Ivana Trump said, when she and Donald were married, he kept a book of Adolph Hitler's speeches in a cabinet on his side of their bed, and sometimes he read it at night. After Vladimir Putin was elected President for Life of Russia, I watched President Trump say on national television that he liked that idea of president for life. When former Ku Klux Klan Grand Dragon and Imperial Wizard David Duke endorsed Donald Trump for president in 2015, Trump did not denounce Duke and say he did not want the Klan's votes.
Res Ipsa loquitur is evidentiary, a picture is worth a thousand words.
MAGA rally
Charlottesville
January 6, 2021
Media photos and videos of MAGA rallies in 2015 and since revealed scans of white people. Media photos and videos of the 2017 Charlottesville protest against removing Confederate monuments revealed oceans of white people and Confederate and Swastika flags. Media photos and videos of the January 6, 2021 insurrection at the Capitol revealed oceans of white people and Confederate flags.
When Trump kept saying before and after the 2020 election, that it was stolen, his Aryan armies knew he meant it was stolen by blacks.
10, It is Plaintiff's personal and professional opinion that President Donald Trump violated his oath to preserve, protect and defend the Constitution by inciting the January 6, 2021 Aryan insurrection outside and inside the national Capitol. Trump loved the Aryan insurrection. Trump is incorrigible. Trump wants to be King America. Trump is a clear and present Aryan threat to the United States Constitution and to the Nation.
Plaintiff's professional qualifications and political background
11. After graduating with a Juris Doctor from the University of Alabama School of Law in 1968, Plaintiff clerked for the Honorable Clarence W. Allgood in the United District Court for the Northern District of Alabama. A few months into the clerkship, Plaintiff passed the Alabama Bar Exam. Judge Allgood's caseload included presiding over every federal prosecution in the Northern District of Alabama. Behind the scenes, Judge Allgood ran the Democratic Party in Alabama, except for the George Wallace faction.
12. After clerking for Judge Allgood, Plaintiff worked for four years at his father's company, Golden Flake Snack Foods, Inc., headquartered in Birmingham. Plaintiff then practiced law for twelve years in the state and federal courts in Birmingham. During that time, Plaintiff acquired a LLM in Taxation from the University of Alabama School of Law, which was taught at the University of Alabama in Birmingham. Today, Plaintiff is an inactive licensed attorney in Alabama.
13. Between 2003 and 2018, Plaintiff ran ten times for local office in Key West and the Florida Keys (Monroe County) as an Independent and was not elected. The only time he voted for a Republican or Democrat presidential candidate was in 2020, when he reluctantly voted for Joe Biden, because he did not remind Plaintiff of Adolph Hitler. Plaintiff is running a mock campaign for president on the Unicorn ticket, in which he addresses serious national issues and says what he would do if he were president, as is seen at The Redneck Mystic Lawyer for President on the Unicorn Ticket blog,
redneckmysticlawyerforpresident.blogspot.com,
and several episodes of The Redneck Mystic Lawyer Podcast. If requested by the Court and/or the parties, Plaintiff will provide YouTube links to the campaign podcasts.
Prayer for Relief
14. Plaintiff asks the Clerk of the Court to serve Defendant President Joe Biden at the White House,1600 Pennsylvania Avenue NW, Washington, DC 20500, and Defendant Donald Trump at his Mar-a-Lago residence, 1100 S Ocean Blvd, Palm Beach, FL 33480, Palm Beach, Florida.
15. Plaintiff asks the Court to hear and consider all the evidence, and enter an Order in favor of Amendment 14, Section 3, barring Donald Trump from holding public office, including President of the United States.
Respectfully submitted,
__________________________________
Sloan Young Bashinsky, Jr.
State of Alabama
Jefferson County
Before me personally appeared Sloan Young Bashinsky, Jr., who after being sworn in by me, stated that he is the Plaintiff in the Verified Complaint, and the facts alleged therein about himself and President Joe Biden are true, and the facts alleged for disqualifying former President Donald J. Trump from holding public office, including President of the United States of America, are true to the best of his information, knowledge and belief.
_________________________________
Notary Public
