This will be a thing.
THE CHALLENGE EXPLAINED A BIT
- Two Federalist Society law professors have published their findings stating that Trump is disqualified from serving as President based on the originalist interpretation of the 14th amendment ban on anyone who has engaged in insurrection against the United States from running for office. (MTN)
- Donald Trump is ineligible to become president again, leading conservative scholars argue. “The Fourteenth Amendment, Section 3 says that anybody who takes an oath to uphold the Constitution and thereafter engages in or gives aid and comfort to an insurrection cannot hold any office under the United States, period,” Harvard University Carl M. Loeb University Professor of Constitutional Law Emeritus Laurence Tribe tells Joy Reid. (YAHOO NEWS)
Firstly, as much as the Left opines that an insurrection conviction isn’t needed, it is, in reality, in order to bar Trump from office. If the Left tries to push this thru without a solid legal ground, the electorate will clearly note this and there will be hell to pay.
And, I assume, in the end the Supes will need to get involved. Especially if pushed thru before the election like Trump’s 2nd shampeachment.
More on SCOTUS from David Frum below.
COURT CASE ALREADY STARTED
Here is a recent news story of a Florida case already being pushed thru:
Here is a video, also Left leaning, explaining the issue well:
- MeidasTouch host Ben Meiselas reports on a new disqualification lawsuit filed against Donald Trump in Florida federal court under the 14th Amendment Section 3.
PUSHING BACK ON THIS IDEA
[As an aside: just to note officially on my site, the current cases against Trump are being rushed through the courts, however, Alan Dershowitz and Jonathan Turley both say isn’t going to happen.]
TRUMP NOT CHARGED with INSURRECTION
Insurrection is still key in this endeavor, and, as mush as Laurence Tribe thinks it is self evident, the case has not been made. In THE AMERICAN SPECTATOR has a great little article worthy of noting,
DAVID FRUM’S ATLANTIC PIECE
And it may be a 50-state attempt, which will push it to the Supes sooner rather than later. David Frum, a #NeverTrump guy, notes this will be a failed endeavor by simply stating in his ATLANTIC piece:
- “The fourteenth amendment won’t save us from Donald Trump.”
Continuing he states:
UPDATED ON 09/18/2023 | CNN Transcript
A CNN interview was just pointed out to me where a “not-fan of Trump” said rationally what David Frum said, and that is, allowing states to go down this path will create vindictive cross-fire that will spread through our body-politic:
FRUM IS RIGHT
IN THE END, SCOTUS SAVES THE DAY
And Frum is exactly right on this point as well: Republicans will hunt for Democrats to disqualify. As much as I love the GOP using the Dems tactics against them. Take for instance Mitch McConnell’s warning to Harry Reid, which came to fruition when the Republicans [thankfully] used to get judges onto the bench that were center-right. If this “insurrection/sedition” tactic is unleashed, our system will have a ton of these potholes, forever disrupting the turnover of power peaceably.
The WASHINGTON TIMES also notes that this effort has already been unsuccessful with other Republican candidates
A law firm recently filed a lawsuit arguing that former President Donald Trump can be disqualified from the elections. And while this is new, it pulls from an agenda that the establishment has been proposing since 2021. The basis is Section 3 of the 14th Amendment, ratified in 1868 just after the Civil War. It says a person can be banned from election or appointment to any level of government office if they “engaged in insurrection or rebellion against the [United States], or given aid or comfort to the enemies thereof.” The establishment has been arguing this could apply to President Trump’s actions to challenge the 2020 election, and for his alleged role in Jan. 6.
HOWEVER, as pointed out, Joshua Philipp points out this has already been tried, and failed:
MORE TO COME IN THE FUTURE, FOR SURE.
John Yoo & John Malcolm
Below are four excerpts from a longer FEDERALIST SOCIETY discussion between John Malcolm and John Yoo: “A Conversation on the Right: The Current State of Presidential Power”.
John Yoo Says That January 6th Was “Thee Most Important Legal Event”
In this excerpted discussion John Yoo notes that the January 6th stuff is not nearly as strong as the Mara-Lago case (and in the fuller video he throws cold water on that as well). John Malcolm also discusses the ability of counsel to delve into all sorts of avenues of legal thought and advice. Jack Smith laid out an argument that undercuts his and Georgia’s entire case [should watch the above linked video for more]:
3. The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won. He w6as also entitled to formally challenge the results of the election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures. Indeed, in many cases, the Defendant did pursue these methods of contesting the election results. His efforts to change the outcome in any state through recounts, audits, or legal challenges were uniformly unsuccessful. (HERITAGE FOUNDATION)
Insurrection and Sedition Not Part of Indictments | PLUS: Trump’s State of Mind
In this excerpted discussion John Yoo notes the lack of “insurrection” or “sedition” in the indictments. John Malcolm speaks to Trump’s clear words of “peacefully and patriotically marching” – which he says is not in the record of the indictment. Trump’s state of mind is discussed a bit.
Brad Raffensperger/Trump Phone Call Dissected by John Malcolm
In this excerpted discussion John Malcolm quickly notes the failure of any criminal law breaking in the phone call between Georgia Secretary of State Brad Raffensperger and Donald Trump regarding the “finding” of votes. The worst of intentions is applied to Trump by those that dislike him, however, the law done well looks beyond people’s opinions of him.
A Question About What Type Of Legal Advice John Eastman Gave
This is a question regarding John Eastman’s legal advice from the Q & A portion of the video.