Game Changer PAC previously reported on SR-39 back in July of this year when it was first offered by 10 Democrats in the California State Senate.  Following our article, and a hand full of others that cited us, the bill was sent to the Rules Committee where it lay dormant for 2 months with no action whatsoever -leading many to believe that it had just died in committee.

Then on September 10th, without it being an agendized item, The CA Senate suspended Senate Rule 29.3(b) , amended the resolution on the floor, and sent it back to the Rules Committee the same day (The Amendment was to exclude Ted Cruz’s Name from the Resolution as it originally called him a racist as well for previously defended Donald Trump’s right to say what he did. ) And then the next day, still not on the official agenda, SR-39 was pulled from the rules committee and passed. SR-39 asks the state to divest from, and otherwise cut business ties with, Trump-affiliated entities. It encourages private companies and individuals to do the same.

However, just the fact that this resolution was introduced meant that those Democratic Party Senators had violated US Federal Law, specifically: 18 USC § 241 which states:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both

So, by introducing the resolution they were conspiring “to injure, oppress, threaten, or intimidate” Donald Trump “because of his having so exercised” his right to free speech which is “secured to him by the Constitution or laws of the United States”.

And the “two or more persons” part is taken care of because 10 CA State Senators were sponsoring the resolution:
Senators Hall, De León, Galgiani, Glazer, Hueso, Jackson, Lara, Mendoza, Mitchell, and Pan.

By going further and passing the resolution they doubled down on their crime and entered it into the official record.

This is not to be confused with the respective Senator’s rights to free speech because they introduced and passed a resolution in the State Legislature specifically designed to harm Mr. Trump.  Had the Senators simply released a statement of disapproval, or sent out a press release saying that they thought he was wrong for saying what he did, then the Senators would not be in violation of the law.

Right about now you may be asking “What did the Republicans in the Senate say when they had the opportunity to decry this as an illegal act?”

Republican Senator Jean Fuller of Bakersfield got up and said “We have chosen, Republicans today, to have a moment of silence and reflect on the good things and that will be our finest hour.”  During the Republican moment of silence the vote was held and the resolution was passed with all but 1 Republican not casting any vote at all.

The one stand alone “No” was Republican Senator Joel Anderson .  Senator Anderson did not speak on the issue on the floor of the Senate.  All of the other Republican Senators were present but did not vote on SR-39 .

We at Game Changer PAC have not endorsed any candidate for the 2016 presidential race thus far.   And while Mr. Trump’s comments have offend some, he has the absolute right to say what he did.

That being said, The California State Senate dies not have the right to do what did in response.  What they did is , in fact, a crime.  But don’t hold your breath thinking that CA Atty General Kamala Harris or US Atty General Loretta Lynch will be charging anyone with this crime anytime soon -or ever.  If those in the Senate are even aware that they committed a crime, they probably think that the law they broke doesn’t apply to them.

Please let us know what you think in the comments section below and please DONATE to Game Changer PAC so that we can continue to work to change the Game in Government.