Countdown with Keith OlbermannCountdown with Keith Olbermann

14TH AMENDMENT STUNNER: SCALIA SAID PRESIDENT IS TOO A "U.S. OFFICER" - 1.30.24

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SERIES 2 EPISODE 114: COUNTDOWN WITH KEITH OLBERMANN

A-Block (1:44) SURPRISE! A decade ago, conservative icon Justice Antonin Scalia issued a Supreme Court opinion in which he declared - and reiterated to two stunned conservative attorneys - that the President of the United States IS an OFFICER OF THE UNITED STATES. Thus the man who Trump called one of "the greatest Americans to ever live" has already destroyed Trump's only argument that he cannot be disqualified for the presidency under the 14th Amendment because the president is NOT an officer of the United States.

Unearthed by Roger Parloff of Lawfire - how, as the cliche goes, is this not the lead story everywhere in the nation? The Scalia ruling and letter (which may itself have been agreed with by Chief Justice Roberts, Justice Alito, and Justice Thomas) destroys Trump's only argument for why the 14th Amendment Disqualification Clause does NOT apply to him and can't be used to kick him off the ballot. Trump insists the president is NOT an "officer." Yet four years ago Trump proposed a garden dedicated to the 30 greatest Americans who ever lived - and Scalia was one of them!

Historians have also found a Senate argument confirming that body agreed that the disqualification clause applied to Presidents, and that it was self-enforcing, and that it was acknowledged as such by everybody from Jefferson Davis to President Andrew Johnson. Also, the Illinois Election Board was to meet today to address the bid there to enforce the 14th.

Also: Trump has now enabled Biden to run on the Bipartisan Border Enforcement and Great Economy platform, while his House lackeys have made DHS Secretary Mayorkas look like the border hardliner of the bunch. On Day 15 of his mental health crisis Trump's mind continues to corrode, and damn but Nikki Haley isn't letting up, and more importantly seems to be having a gas calling Trump unhinged and in decline EVERY SINGLE DAY.

B-Block (22:32) IN SPORTS: The Clay Travis Taylor Swift/Travis Kelce/Super Bowl/Joe Biden conspiracy theory has now been disproved. It has been replaced by the Vivek Ramaswamy Taylor Swift/Travis Kelce/Super Bowl/Joe Biden conspiracy theory. And why Bill Belichick going to do TV football could be the greatest move since John Madden did it. (29:36) THE WORST PERSONS IN THE WORLD: Charlie Kirk defames one of the Central Park Five while trying to dig himself out from having already defamed him; Elise Stefanik scrubs her website; South Dakota Governor (former South Dakota Snow Queen) Kristi Noem thinks the Constitution is a treaty signed between the 13 Colonies and Texas.

C-Block (36:51) THINGS I PROMISED NOT TO TELL: In memory of the late Red Sox, Astros, and Blue Jays' manager Jimy Williams, the saga of the day I was thrown off the field at Fenway Park and directed to sit next to Yankee owner George Steinbrenner who promptly joined me on the Fox game broadcast and accused Williams of trying to instigate a riot during the game.

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