Published October 31, 2023
Representative Jamie Raskin (D-MD) said Tuesday on MSNBC’s”The ReidOut” that the Constitution disqualified former President Donald Trump from running for president or being seated in the office because he “participated in insurrection.”
Raskin said, “The hard question is not should the courts end up deciding because the courts will have to decide this because it’s a Constitutional question. The hard part is, did he engage in insurrection or rebellion? That’s the hard part for some people. Is incitement to insurrection participating in insurrection? The House of Representatives already impeached him for inciting insurrection. 57 of 100 senators voted to determine that he did engage in incitement to insurrection, so you have robust bipartisan, bicameral majorities defining that as a legislative fact.”
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SOURCE: https://www.breitbart.com/clips/2023/10/31/raskin-trump-is-disqualified-from-presidency-because-he-participated-in-insurrection/
RELATED: Trump’s relationship with far-right groups under scrutiny during Colorado ‘insurrection’ trial
COLUMBIA, SOUTH CAROLINA – AUGUST 5: Former President Donald Trump speaks as the keynote speaker at the 56th Annual Silver Elephant Dinner hosted by the South Carolina Republican Party on August 5, 2023 in Columbia, South Carolina. President Trump was introduced by South Carolina’s Governor Henry McMaster. (Photo by Melissa Sue Gerrits/Getty Images)
Published October 31, 2023
DENVER (AP) — Lawyers sparred Tuesday over former President Donald Trump‘s relationship with the mob that attacked the Capitol, an important point in a Colorado lawsuit seeking to bar him from the 2024 ballot under the rarely used “insurrection” clause of the Constitution.
Still to come: arguments over whether the events of Jan. 6, 2021, amounted to an insurrection under a provision put in the Constitution in 1868 to prevent former confederates from taking over the government.
The plaintiffs presented testimony from an extremism expert who maintained that Trump had a clear relationship with far-right extremists and that they interpreted his pleas to protest the certification of President Joe Biden’s win as a call to arms.
“A consistent theme is individuals reporting that they thought that Donald Trump had sent them there,” said sociology professor Peter Simi of Chapman University, a private college in Southern California.
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SOURCE: https://www.pbs.org/newshour/politics/trumps-relationship-with-far-right-groups-under-scrutiny-during-colorado-insurrection-trial
RELATED: The 14th Amendment plan to disqualify Trump, explained
The Trump campaign has accused advocates of ‘stretching the law beyond recognition’
Published November 1, 2023
A longshot legal bid to disqualify and remove Donald Trump from the 2024 US presidential ballot is being considered in court for the first time.
The strategy involves trying to block Mr Trump from the primary ballot by invoking a rarely used provision of the US Constitution – Section 3 of the 14th Amendment – that bars those who have “engaged in insurrection or rebellion” against the country from holding federal office.
Initially backed by liberal activists, the theory gained more prominence in recent months as some conservatives also embraced it.
But critics warn that, if it moves forward, it risks robbing voters of the right to deliver their own verdict on whether the former president should return to the White House.
On Monday, a judge in Colorado started a five-day hearing over the matter. A similar hearing will take place in Minnesota on Thursday, with lawsuits also filed in critical states like New Hampshire and Michigan.
The untested legal gambit is a last-ditch effort to bar the candidacy of an ex-president who remains popular with his base.
Its ultimate arbiter could be the conservative Supreme Court he helped shape – if it even gets that far.
What is the theory?
The 14th Amendment was ratified after the American Civil War, and Section 3 was deployed to bar secessionists from returning to previous government posts once southern states re-joined the Union.
It was used against the likes of Confederate president Jefferson Davis and his vice-president Alexander Stephens, both of whom had served in Congress, but has seldom been invoked since.
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SOURCE: https://www.bbc.com/news/world-us-canada-66690276
