The left is getting desperate. If you thought the weaponized legalism constituting the four separate indictments against President Trump was bad enough, it has gotten worse. Legal scholars are joining the chorus trying to convince us that President Trump is right now constitutionally barred from running for the presidency.
– Constitutional scholars are arguing that Trump is ineligible to run because of J6.
– This 14th Amendment theory shows how incredibly desperate the Democrats are becoming to keep Trump out of office.
– Trump has been cleared of charges that he is an insurrectionist, so these claims are just more meaningless propaganda aiming to undermine Trump’s support.
Sadly, this argument is coming from two constitutional scholars at the Federalist Society, which is Leonard Leo’s group that is considered ironically to be the very backbone of the conservative renewal in the legal sphere. For some reason, J. Michael Luttig and Laurence Tribe are arguing in The Atlantic that the Constitution bars Trump from running again because he’s an insurrectionist. The 14th Amendment bars a person from running for the office of the presidency if they’ve been involved in an insurrection against the US government.
Jonathan Turley is calling it the 14th Amendment theory. He recognizes that this fable that liberals are increasingly telling themselves is an inadvertent admission that the indictments were an overreach, and ultimately that they are not going to work. We already have a Pennsylvania judge ruling that President Trump cannot be sued or indicted precisely because of the protection provided to him by presidential immunity. It all goes back to a Supreme Court case called Nixon v. Fitzgerald, and it’s the decision that gives the president absolute immunity for all the actions done as president — even if those actions were unlawful. Now it’s starting to make the rounds that these 4 cases against Trump may be getting tossed out because all, even the Mar-a-Lago classified documents case, deal with actions Trump engaged in as president.
The fact that the woke left is now recruiting these ‘legal scholars’ to push this 14th Amendment theory shows that they are getting desperate. they recognize that Trump’s popularity is surging even among independents. The latest polling shows that Independents are now solidly behind Trump. They see Trump getting stronger and more popular with every indictment, so now they want legal scholars to come in and try to convince the powers that be that Trump can’t be on the ballot. Once again, it looks like it’s all for nothing.
The 14th amendment of the constitution says, ‘no person who has taken an oath “as an officer of the United States” can hold office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” The 14th Amendment was written after a very real and serious rebellion, the civil war. It bars former confederates from holding office. What establishment hacks are trying to do here is apply that amendment to what happened on J6. The problem here is the fundamental question of whether J6 was an insurrection.
A thorough investigation by the FBI concluded there was no insurrection on J6. They could find no evidence of a coordinated plot to overthrow the US government. That’s exactly what the American people think as well. 76% believe that J6 was a protest that turned into a riot. The vast majority of the public does not buy the insurrectionist label pushed by the legacy media. Moreover, even though the legacy media have been pushing this term, when Special Counsel Jack Smith finally indicted Trump for J6, he notably did not charge him with any such crime as insurrection. The reason for that is obvious.
The evidence and constitutional standards would not have supported a charge of incitement or insurrection. There is no constitutionally recognized process for being considered an insurrectionist other than being criminally convicted of such. Alan Dershowitz, who is not a Trump supporter, is saying this whole 14th Amendment theory is absurd. There’s no procedure here, these legal scholars are just claiming that Trump can’t run again because he’s guilty of insurrection. All they do is make the claim, they don’t have any process by which Trump can objectively be found guilty of such. They just claim it and think that’s enough. Trump went through a senate trial and was exonerated of that charge. But the woke left is desperate and they’re just running around calling him an insurrectionist and they think that’s enough to bar him from the ballot. This 14th Amendment theory will go down as yet another example of just how desperate the Democrats have become.
Copyright, 2023. TurleyTalks.com
