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Democrats preparing legislation to pack Supreme Court, adding four new Justices

Democrats preparing legislation to pack Supreme Court, adding four new Justices

“The bill would add four seats to the high court, bringing the total to 13, from the current 9”

We have covered extensively Democrat threats to pack the Supreme Court. Perhaps those plans were just idle threats similar to the threats by Sheldon Whitehouse and Chuck Schumer meant to intimidate the Justices.

Well, it appears Democrats may be serious in trying. The Intercept reports:

CONGRESSIONAL DEMOCRATS PLAN to unveil legislation expanding the size of the Supreme Court on Thursday, according to three congressional sources familiar with the closely held measure.

The bill would add four seats to the high court, bringing the total to 13, from the current 9. The number of justices on the Court has fluctuated widely throughout the course of the nation’s history. Republicans currently hold 6 seats, while Democrats hold just 3 after the death of Justice Ruth Bader Ginsberg and the quick confirmation of Justice Amy Coney Barrett.

The bill is led by House Judiciary Committee Chair Jerry Nadler, Subcommittee chair Hank Johnson, and freshman Rep. Mondaire Jones.

In the Senate, the bill is being championed by Ed Markey of Massachusetts.

This story is developing…

We will follow the story as it develops.

It’s not clear that Democrats would be able to do this as there are bound to be numerous defections in the Senate, maybe even in the House. but the fact that Democrats are seriously considering it is shocking enough.



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Nothing short of revolting……. folks, here comes the USSA.

    ThePrimordialOrderedPair in reply to Ghost Rider. | April 14, 2021 at 9:44 pm

    It’s the “American Socialist Superstate”

    As the USSA comes, we should go – before we can’t. We have to talk about seceeding.

      henrybowman in reply to | April 15, 2021 at 4:00 am

      Over the past several months, it’s become overwhelmingly clear to everybody on this list except you that nobody here is interested in pursuing the subject of secession except you. So why don’t you stop beating that damn drum before somebody puts a hole in it?

        DSHornet in reply to henrybowman. | April 15, 2021 at 9:12 am

        Thank you.

        DaveGinOly in reply to henrybowman. | April 15, 2021 at 12:17 pm

        I don’t support secession. But I do believe it will be the inevitable outcome if certain actions (packing SCOTUS, statehood for D.C., full-court press against 2nd Amendment, voting rights for illegals, etc.) are taken by the Dems. We already know they’re willing to rig elections. How else, other than via civil war, do you think some of us might preserve our liberties once the court is packed, the Dems gains an effectively permanent majority in Congress, and we are disarmed? Because the Dems are forcing the choice – secession or civil war. I will support secession if given the choice.

        Ben Kent in reply to henrybowman. | April 15, 2021 at 7:07 pm

        I think TheFineReport is making a point that everyday we slip closer to the abyss. It’s a slippery slope. Marxists will not stop. For 30 years, everyone dismissed the increasing radicalization and polarization which seems to undermine American’s liberty in small increments every month. Now the increments are larger as the Marxists are emboldened. Nobody wants secession and it is legally incomprehensible. However, there is now a clear division in the country that is building toward a de facto secession. One that is based on beliefs and mental perspective.

        Marxists have indoctrinated people to hate conservatives. Now, many people will not even associate with a “known conservative”. For example, say anything positive about “Trump” or “conservatives” in most places on the east coast or west coast and people step away from you. They don’t want to be near you. They don’t want to be associated with you. Mentally and emotionally people are separating. They find subtle ways of classifying you – “did you see that story on ___ [insert your news source]” “Isn’t Trump a [insert insult]” Your response to certain questions classifies you in their mind. Your now stereotyped by the color of your skin and the state where you live.

        How long can this go on ?. Can this continue for 5 more years ? I doubt it. What happens when 30+ million illegal aliens get amnesty or otherwise get to vote (which will happen sooner than you think). ONE PARTY STATE.

        It is becoming more clear everyday that the undermining of America has been carefully planned. It’s not paranoia. There are Soviet era defectors who talk about undermining America and doing so in increments over the course of decades using media to stoke division and indoctrinating kids. Videos of those defectors are still available online. No doubt the new thought-police (censors) will remove them soon. They raise too many questions for those who are still able to think clearly.

        Best way for Marxists to take over a country is to shrink the middle class and grow the percent of poor. The poor always have grievances which can be manipulated by promising them more free services. US middle class keeps shrinking as we add 30+ million poor new voting citizens. Income disparity plays directly into the Marxist play book. Yes, the Marxists plan seems to be to get voted in to power by rigging the system so it looks legitimate..

        There is an ideological war in America and the Marxist are winning because American’s are good natured and overly trusting of their leaders and of what passes for democracy in the USA.

        Unity, in the Marxist sense, is when all people confirm to Marxist ideology. Thus far, Biden’s definition of Unity seems to mirror the Marxist definition. Unity is packing the Court. Unity is packing the Senate. Unity is opening the border so that 40 or 50 million poor from Central America can come and get amnesty and vote.

        Bottom line, there is a massive governance and ideological problem in the US and it divides us further every day. On the current path, the problem will be solved with Unity (Marxist Unity) and the remaining patriots who still remember what liberty was (you and me) will be reprogrammed or disposed of.

        Tyranny is here in America.

What isn’t there to be disgusted at

This is the d/progressive version of ‘failure theatre’ that was perfected under Paul Ryan.

This is not going to pass in the Senate. DOA.

    lurker9876 in reply to CommoChief. | April 14, 2021 at 8:38 pm

    Not shocking enough.

    It does not matter. They will keep trying every time they gain power. Americans need to learn the consequences and make a serious vote.

      gonzotx in reply to lurker9876. | April 14, 2021 at 10:06 pm

      Who counts the votes?

      henrybowman in reply to lurker9876. | April 15, 2021 at 4:20 am

      “They will keep trying every time they gain power.”

      JohnT in reply to lurker9876. | April 15, 2021 at 1:18 pm

      Really? Who do we vote for the traitorous Republicans who allowed and certified massive election fraud, blocked wall funding but gave billions to Schumer for his NY tunnel project, sanctioned Trump for justifiably appropriating military funds for the wall, colluded to block scores of Trump nominees, went along with the Dimms and their propaganda media’s lies about an insurrection that never happened, passively supported the Mueller witch hunt and the proven lies about Russian collusion, etc? The Republican wing of the uni-party is as bad as the Dimocrat one.

    TargaGTS in reply to CommoChief. | April 14, 2021 at 8:44 pm

    I tend to agree. But, I’m not nearly as confident as you. I think it’s unlikely to pass the Senate. But, it’s not completely out of the realm of possibility. Should they get Sinema and Manchin, by hook or by crook, they would absolutely nuke the filibuster to nuke the Court.

    zennyfan in reply to CommoChief. | April 14, 2021 at 8:48 pm

    Don’t bet on it. Democrats get the votes by making deals, and the recipient’s principles fly out the window. This will happen, as will DC statehood. At this point, the American people should be asking what more Xi has on Biden, because when the Democrats are done, we won’t have a republic any more.

      DaveGinOly in reply to zennyfan. | April 15, 2021 at 12:23 pm

      D.C. statehood is problematic. Congress has no authority to break off a piece of any state (no matter the pretense) and make a new state of it. Legally, when the government surrenders the purpose for which it gains a cession of land (jurisdiction) from a state, it must give the land back. It’s done with military bases and it was done with the land that Virginia had ceded as its contribution to D.C. There’s precedent.

      Maryland would have to consent to be split, but allowing a state to split off a new state from itself would open a whole other can of worms.

        Milhouse in reply to DaveGinOly. | April 15, 2021 at 3:51 pm

        Legally, when the government surrenders the purpose for which it gains a cession of land (jurisdiction) from a state, it must give the land back.

        That’s not true.

        It’s done with military bases

        Military bases are not ceded. They are purchased with the consent of the legislature, and while they belong to the military they’re under exclusive federal authority because that’s what the constitution says, but they remain part of the state they’re in (e.g. any permanent residents of the base are citizens of the state), so if the government ever sells the land the state resumes its authority. But land ceded to the union is no longer part of the ceding state.

        Also, cession has nothing to do with land title; the union doesn’t own all the land in DC. A fair amount is privately owned, and those owners’ titles would not be affected by either cession or retrocession. Whereas federal authority over purchased land is based entirely on ownership; the moment the land is sold federal authority automatically ceases.

        and it was done with the land that Virginia had ceded as its contribution to D.C

        Congress in that case chose to give it back to Virginia, for political reasons. There was a huge demand by the majority of that area’s white residents to go back to Virginia, and they managed to persuade a majority of congress to back them, though there was strong opposition too.

        Making that area a separate state would not have occurred to anyone, because its population was so small, and in any case the existing states would have opposed it; but had the president and a majority of congress wanted to they could have done it.

        So no, Maryland’s consent would not be needed to make DC (or most of it) a state. On the other hand giving it back to Maryland would require its legislature’s consent, which might not be forthcoming.

        Lucifer Morningstar in reply to DaveGinOly. | April 15, 2021 at 4:31 pm

        D.C. statehood is problematic. Congress has no authority to break off a piece of any state (no matter the pretense) and make a new state of it.

        Washington D.C. isn’t part of an state. It was deliberately created outside of the states to be the seat of our federal government. And nothing more. Washington D.C. was never intended to be a separate state. Not when it was created and especially not now.

    I wouldn’t trust any of the democrats in our senate or house right now. Rush Limbaugh used to point out that the democrats hated having to run for their seats and if there was ever a chance they’d rig the system to gain lifelong power.

    ThePrimordialOrderedPair in reply to CommoChief. | April 14, 2021 at 9:46 pm

    This is not going to pass in the Senate. DOA.

    I’m not sure what would make you think that. There are more likely to be Republicans voting with the Dems than the other way around.

Not shocking enough.

why would one do this unless one plans on putting bias judges on the SCOTUS

and our lord and Master John Roberts has told us that bias judges don’t exist

so what’s the friggin point ??

    Ghost Rider in reply to REDACTED. | April 14, 2021 at 8:49 pm

    Our “Judicial System” is full of biased judges, no matter what the mighty John “Obamacare” Roberts says. Just look at the DC Circuit Court…….. chocked full of liberal partisans.

      henrybowman in reply to Ghost Rider. | April 15, 2021 at 4:23 am

      No biased judges?
      The Second Amendment guarantees us that we can bear arms. But the Ninth Circuit, realizing that no amendment is absolute, has declared that you cannot bear them concealed.
      Also, you cannot bear them unconcealed.
      Other than that, absolutely — it’s your right.

        Milhouse in reply to henrybowman. | April 15, 2021 at 4:05 pm

        The constitution doesn’t explicitly say that there’s a right to bear arms in public. Maybe the right applies only on your own property. That’s not how I would interpret it, but it’s a plausible interpretation and the supreme court has never ruled otherwise.

“It’s not clear that Democrats would be able to do this as there are bound to be numerous defections in the Senate, maybe even in the House…”

Don’t bet the farm on that. The chances of even one Communist defecting are practically nil.

But even if the Sun rose in the west and a Communist Congresscritter did betray the Glorious Communist Revolution (TM) and vote against court packing, there stands a host of Franz von Papen Republicans eager to virtue-signal in exchange for a corporate golden parachute.

Don’t be surprised if court-packing gets 10-20 GOP votes in favor regardless of how the Communists vote. The Biden* administration’s nominees have been sailing through the Senate, often with one or two dozen Republican votes to pad the margin.

    That is utter nonsense. There is no possible way that even one Republican would ever vote for it as stated.

    You might get Republican support for a major reform of the whole system, but not for something that leaves the system as is and merely lets Biden or Harris nominate at least four new justices on top of whatever vacancies occur. And any reform that’s good enough to attract some Republican support will lose some Democrat support.

What’s to prevent the Republicans, the next time they have power, reducing the court again?

Oh. They’re Republicans. Never mind.

    henrybowman in reply to irv. | April 15, 2021 at 4:26 am

    “What’s to prevent the Republicans, the next time they have power, reducing the court again?”

    Article III, Section 1. You can’t just “RIF” justices.

    All you can do is dilute them by packing the court even more.

      Milhouse in reply to henrybowman. | April 15, 2021 at 4:12 pm

      You can reduce the court, but you have to let it take effect by attrition. When congress voted to reduce the court’s size from 10 to 7, three years later it was still at 8, waiting for one more justice to resign or die to bring it to its new size; that’s when congress changed its mind and decided to increase it to 9, and thus created one vacancy.

JusticeDelivered | April 14, 2021 at 9:03 pm

They keep this crap up and the cure is going to be awful.

LukeHandCool | April 14, 2021 at 9:03 pm

I just reset my American democracy doomsday clock to one minute before mushroom cloud.

One of these days – sooner than later – when there are no more cheeks to turn, the words “Them’s fightin’ words” will be more than just words. I guess we’re not there quite yet.

    gonzotx in reply to UJ. | April 14, 2021 at 10:08 pm

    After I have seen 275 million American in masks and 6 feet apart

    I don’t believe we have the will

By the numbers the Communists have razor-thin margins in the House and Senate. Which means every major vote should be a cliff-hanger.

But so far whatever the Communists have proposed or nominated has passed easily – sometime with heavy GOP support.

So why should court-packing be any different?

Keep this up and they’re going to get more events like the alleged riot at the capitol. And they’ll deserve it.

The change-making difference since 1937 being that now the Dems aren’t afraid of the ballot box consequences like they were then, because now they’ll just steal the ensuing elections.

    JHogan in reply to maxmillion. | April 15, 2021 at 11:48 am

    They’re betting on it. It’s what HR1 is all about.

    America’s commie fascists are making their move and they’re all in on it.

The day this bill passes is the day the shooting needs to start

Every proposal is a probe to see what resistance there is. The Soviets did that as did all of our adversaries. They will push until there is real pushback. They can taste supreme and uncontested control of the country.

healthguyfsu | April 14, 2021 at 9:33 pm

In 10 or 20 years, the building will need to be rebuilt to house all of the justices from court inflation. That just seems so bad for the environment that the Dems are all worried about.

Lucifer Morningstar | April 14, 2021 at 9:41 pm

Not surprising. The democrats control two of the constitutional branches of government (executive, legislative), the non-constitutional administrative branch, and are in the process of purging the military of anyone that might have “wrong think” against the current regime. So the democrats have to work at taking over the last branch of government that has the ability (power?) to stop their unconstitutional power grab. The judicial branch. Once the democrats control the judicial then the game’s up. Anything, I repeat, anything the democrats do will be legal. And there will be no stopping them imposing their agenda on the country.

“The number of justices on the Court has fluctuated widely throughout the course of the nation’s history.”

It’s been unchanged since 1869.

America is a fascist country now. Has been long in the making with Corporations paying no taxes. Unmasked with Obama and “Public Private Partnership’
Stole the election then the 1/6 Reichstag fire.

Eastwood Ravine | April 14, 2021 at 10:01 pm

To those saying it’s DOA upon arrival in the Senate, don’t bet against Schumer shoving it through. Even if it blows up the Senate, the Dems will do it.

The next time the Republicans have unitary control of Congress and the White House, they’ll expand it by 8 more seats. And they should.

And in less than a decade, SCOTUS will go from 9 to 13 to 21, and it’ll keep on going.

    Perhaps the Republicans should expand SCOTUS, but since they seem unable to select and appoint justices who stay conservative after confirmation it won’t have nearly the effect you’d think it should.

    And we’ll no longer have three branches of government. SCOTUS will become a super-legislative body.

    That is, if the Dem fascists aren’t able to fix and rig all future POTUS elections, Venezuela style.

I predict the numbers of democrats in the Senate are reduced suddenly and permanently.

I don’t know why they’d bother. They already have an effective 5-4 court, except on a few minor decisions and Roberts has already proven that he won’t even let Gorsuch or Barrett vote on anything significant.

I keep saying it: we’d better start discussing secession before we’re enslaved.

    Lucifer Morningstar in reply to | April 14, 2021 at 11:33 pm

    And I keep saying that any state that even attempts secession will be squashed flatter than a pancake by the federal military before it could even get off the ground and the secessionists will be paraded around in public show trials before being executed for treason as a warning against any others who might try the same.

      Close The Fed in reply to Lucifer Morningstar. | April 15, 2021 at 10:11 am

      Newsome talks it all the time. I’m sure if Cali wanted to go, the dems would arrange it.

        Lucifer Morningstar in reply to Close The Fed. | April 15, 2021 at 12:35 pm

        Yeah, right. I’m sure Newsom or any other democrat for that matter is willing to be the first for the short drop and propose their state secede from the Union.

      Unlikely. There has to be public support for it, and there won’t be. Most people will be like “let them go.” When the South seceded prior to the Civil War, even with the contentious issue of slavery, there was no will to fight in the North. It took the Confederate attack on Ft. Sumter to galvanize support for the fight. Secession alone is insufficient to provoke a war.

      If Wyoming secedes, what will it do, attack Idaho? Highly unlikely.

        Lucifer Morningstar in reply to DaveGinOly. | April 15, 2021 at 4:19 pm

        I’d agree with you if we were talking about normal times. But if you haven’t noticed these times ain’t normal. The liberal democrats are poised to eliminate any checks and balances that might once have existed under the Constitution and take over the federal government. And they’ll do it by any means necessary. That is not rational. Secession will be seen as a direct challenge and threat to the ruling democrat elite. And as such will not be allowed to happen. The military will be called up, the rebellion/insurrection (<–that's what democrats will call it to help with media perception) will be suppressed and the instigators of secession will be tried and executed in public executions as a warning to all what will happen if they try the same thing.

        And 80 million sheeple will cheer the democrat party on as they destroy this country's institutions and cherished rights in order to cement their power over the country.

Dems: No, we’re not going to raise your taxes, Trump is a tyrant who rams things through without the legislature and refuses to compromise, why would we ever want more than nine Supreme Court justices
—- Election happens—
Fifty new executive orders as fast as Joe can sign, raise taxes to the roof, ram through trillions in spending without a single Republican vote, and stuff the Supreme Court like a pillow…

There can’t be anyone shocked Democrats going more Communist. They told you before the election they were going to do it, why wouldn’t they now do it?
Once the hive mind sets a goal, all work to it.

I have a lot of anger toward the court after 2020. Put 100 more on the court and make it a joke. An official rubber stamp. their rulings should be ignored because they have no standing in their own words and deeds.

Grrr8 American | April 15, 2021 at 8:50 am

Before November 2020: The “Transition Integrity Project” and others were working to erect a “color revolution” – they’d learned their lesson in 2016 and weren’t going to make the same mistake twice. Many in the GOPe were probably aware of the plans, and cooperated, though had to maintain plausible deniability.

November 3-7 2020: The color revolution was executed, albeit not without some last minute adjustments as Trump’s support was much more massive than anticipated.

November 2020 -January 2021: Corrupt and compromised courts and legislators – compromised by both our intelligence agencies and the CCP, which in turn has compromised our intelligence agencies – across the land followed orders. Our Constitutional Republic was displaced, with only a kabuki theater remnant of its structure left in place to maintain “plausible deniability” that we were now under the Biden-Harris Junta.

January – April: like all totalitarian regimes, it is moving to consolidate power as quickly as possible, before effective resistance (counterrevolutionaries a/k/a patriots) can get organized.

    Grrr8 American in reply to Grrr8 American. | April 15, 2021 at 11:25 am

    P.S. I meant to mention, don’t forget the history of the Progressives and the Supreme Court. FDR’s threat to pack the Supreme Court alone was successful to cave and “discover” that the “New Deal” was “Constitutional” after all.

    If Mike Lindell comes through with (even more) evidence of the coup / election steal, this may well be back before the SC. This all could be a preemptive shot by the Democrats to “nudge” the SC to rule “the right way.”

      Milhouse in reply to Grrr8 American. | April 15, 2021 at 12:05 pm

      P.S. I meant to mention, don’t forget the history of the Progressives and the Supreme Court. FDR’s threat to pack the Supreme Court alone was successful to cave and “discover” that the “New Deal” was “Constitutional” after all.

      This is widely believed, but is not true. The so-called “switch in time that saved nine” is a nice story, but it’s a myth. The relevant vote was cast long before FDR made his proposal to pack the court, but the decision was not published until months later. One justice was out sick; his vote was not going to change the result, but the chief justice wanted all nine justices to vote on it, so he held off issuing the decision until the sick justice was back and could formally add his vote. In the meantime FDR made his proposal, so when the decision was published people jumped to the conclusion that it was a response, but everyone in a position to know said it was not.

I keep thinking of the children’s claymation movie (but cartoons and claymation movies were made for adults – if you note the humor) “Chicken Run,” is a kids movie that paralleled the story of “The Great Escape.”

In it the chicken farm (prison camp commanders) owners, Mr. Tweedy, a lovable, bumbling , barely successful husband discovers the (prisoners) Chickens are planning an escape. ”He shouts to his wife, the overbearing Mrs. Tweedy, who can’t see what’s happening. “Mrs. Tweedy! Mrs. Tweedy, The chickens are revolting!”

And then the punch line. “Finally, something we can agree on….”

Our betters believe the citizens/keepers of liberty are revolting. They mistakenly let us know how they felt, when Hillary Clinton called us “deplorables.” They sure seem hell bent to find out if we will revolt.

Close The Fed | April 15, 2021 at 10:17 am

I agree with TxVet. They have a 5/4 margin now.

Besides the court has been destroying the country for 100 years, a little here, a little there. So, whatever. Biden is making us Central America, so what’s a little more banana-republicking?

    DaveGinOly in reply to Close The Fed. | April 15, 2021 at 12:38 pm

    Look on the bright side. Once we’re like Central America, there’s be no need for Central Americans to come here. They can stay home in safety knowing there is no better place to which they might go.

The Democrats will pass the bill. Even if Manchin objects, they will simply wait for a COVID induced GOP vacancy or two.

But there are risks, even for them. Suppose they pass the bill, and then Joe Biden dies. Harris is President and the VP is vacant. Her VP appointment must be confirmed by a 50:50 Senate without a tiebreaker, and McConnell holds the VP slot vacant as long as he can. Suppose COVID cooperates and there are no more GOP vacancies. Then the GOP regains the Congress in the Midterms. Then if Trump comes back in 2024, he makes the 4 new appointments.

    Milhouse in reply to The_Mew_Cat. | April 15, 2021 at 4:17 pm

    Even if Manchin objects, they will simply wait for a COVID induced GOP vacancy or two.

    That cuts both ways. All it takes is one Dem vacancy in a state with a Rep governor, and the Reps have their majority back. (Even a vacancy in a Dem state would give the Reps a temporary majority until it can be filled.)

I challenge any Dhimmi-crat to contend that their vile Party is not brazenly, gleefully and obnoxiously totalitarian, in its ethos, its agenda, its apparatchiks’ imperially arrogant, caudillo-like behavior and its contempt for the rule of law and the U.S. Constitution.

What I dont quite understand is the prempting of the commission on this very subject?

    Milhouse in reply to mark311. | April 15, 2021 at 12:09 pm

    That’s easy. The commission means they would not be able to act for almost a year, and they don’t want to wait. Not only may they lose a senator at any time, they don’t want the current court deciding things between now and then. From their point of view the sooner they start the process the sooner they get a court that will rubber stamp anything they pass.

A functioning GOP would reply by saying they’ll then add six the next time they’re in power.

And after that ask the fascists if they really want to play that game.

Democrats are so un-democratic. Besides, they are such babies. They had the Supreme Court from the ’40s through the ’80sy, at which time it became essentially split until now. They just can’t stand to lose power.

“Our democracy is under assault, and the Supreme Court has dealt the sharpest blows.

To restore power to the people, we must #ExpandTheCourt.

That’s why I’m introducing the Judiciary Act of 2021 with @RepJerryNadler, @RepHankJohnson, and @SenMarkey to add four seats to SCOTUS.

— Rep. Mondaire Jones (@RepMondaire) April 15, 2021″

Why do even “conservatives” cede the language to leftists? There is no such thing as “our democracy.” Read our founding documents until your brains fall out and you’ll never find the word democracy or any variant. You will find another word for another type of government.

“Article 4, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.”

The founders rejected democracy as perhaps the worst form of government. As we are seeing, they were right. We need to make the word “democrat” synonymous with the words “subversive” and “traitor.” Because that’s what the democrats are. And when elected democrats took their oath of office they lied and swore a false oath to the Constitution when they swore to uphold and defend it from all enemies foreign and domestic.

Let them prove us right when they defame and insult the United States founders who wrote it.

Like this, uhh, creature:

So, if they think “white supremacy” is woven into our founding documents then, one more time, they clearly lied when they took their oaths of office.