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'Ironclad': Legal expert says latest effort to throw Trump off ballot is strongest yet - Raw Story

  
Via:  Devangelical  •  8 months ago  •  14 comments

By:   Sarah K. Burris (Raw Story - Celebrating Years of Independent Journalism)

'Ironclad': Legal expert says latest effort to throw Trump off ballot is strongest yet - Raw Story
Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit challenging Donald Trump's candidacy on the 2024 ballot in Colorado using the 14th Amendment of the Constitution. And Harvard constitutional law professor and legal analyst Laurence Tribe tweeted on Wednesday that he thinks ...

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S E E D E D   C O N T E N T


Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit challenging Donald Trump's candidacy on the 2024 ballot in Colorado using the 14th Amendment of the Constitution.

And Harvard constitutional law professor and legal analyst Laurence Tribe tweeted on Wednesday that he thinks this case is the strongest he's seen thus far. There are similar lawsuits in Arizona, Michigan and New Hampshire.

"This is the strongest of the suits filed to compel [secretaries] of state to apply the 14th Amendment's Disqualification Clause to Trump," Tribe wrote. "The 6 plaintiffs clearly have standing under Colorado law and ironclad legal and factual research backs up their complaint."

The plaintiffs are "six Republican and unaffiliated Colorado voters including former state, federal and local officials," the release from CREW explains.

"Spending 19 years as a state legislator and serving in leadership gave me the opportunity to work across the aisle and to always work to protect the freedoms our Constitution has given us as citizens," said former Colorado House and Senate Majority leader Norma Anderson in the release. "I am proud to continue that work by bringing this lawsuit and ensuring the eligibility of candidates on Colorado ballots."

Tribe joined with retired conservative federal judge J. Michael Luttig in writing a column for The Atlantic walking through the legal reasoning behind the 14th Amendment's application to Trump's candidacy. Trump, who took an oath to support the Constitution, then "engaged in insurrection or rebellion against the same, or [gave] aid or comfort to the enemies thereof."

The 14 Amendment bars candidates who "engaged in insurrection."

The only way that Trump could bypass the amendment is to be granted amnesty by two-thirds of Congress. The Supreme Court could also give Trump a pass, explained former FBI general counsel Andrew Weissmann. It almost certainly will end up before the Court, he said.


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devangelical
Professor Principal
1  seeder  devangelical    8 months ago

looks like SCOTUS will be working some overtime in the next 14 months...

 
 
 
Sean Treacy
Professor Principal
2  Sean Treacy    8 months ago

nd Harvard constitutional law professor and legal analyst Laurence Tribe

Lol.  

 
 
 
Right Down the Center
Senior Guide
2.1  Right Down the Center  replied to  Sean Treacy @2    8 months ago

Tribe is one of the co-founders of the liberal American Constitution Society, the law and policy organization formed to counter the conservative Federalist Society.  Would you expect him to say anything different than he  did?

 
 
 
Trout Giggles
Professor Principal
3  Trout Giggles    8 months ago

The SCOTUS will rule in his favor

 
 
 
evilone
Professor Guide
3.1  evilone  replied to  Trout Giggles @3    8 months ago

Yeah... I'll believe this 'iron clad' shit only when I see it. Even though I agree Trump is unfit for office, it's a horrible precedent.

 
 
 
Kavika
Professor Principal
4  Kavika     8 months ago

I'd rather see him on the ballot and get his ass whipped or found guilty of his many indictments.

 
 
 
devangelical
Professor Principal
4.1  seeder  devangelical  replied to  Kavika @4    8 months ago

I just like to see the GOP repeatedly get the rugs yanked out from under them. I think the owners of the GOP will make sure trump won't be a 2024 contender, one way or another...

 
 
 
evilone
Professor Guide
5  evilone    8 months ago
The 14 Amendment bars candidates who "engaged in insurrection."

Being as how insurrection, nor sedition are part of of the criminal charges against Trump it's hard to see how this would be found in the plaintiff's favor. It especially looks bad given the other charges haven't even gone to trial yet and likely wouldn't before Super Tuesday. 

 
 
 
Greg Jones
Professor Participates
5.1  Greg Jones  replied to  evilone @5    8 months ago

So far at least in the US, the courts of public opinion have no legal power. He would have to be found guilty of any charges of sedition, insurrection, and treason first....in a court of law.

 
 
 
JBB
Professor Principal
5.1.1  JBB  replied to  Greg Jones @5.1    8 months ago

So, Trump already has 91 Felony Criminal Indictments that wrrexhanded down by four independent grand juries in four different jurisdictions, including those for seditious conspiracy and obstruction of justice, and you and his MAGA hats still think it is okay to support him for President because he has not been convicted of treason, yet? GTFOOH!

 
 
 
Greg Jones
Professor Participates
5.1.2  Greg Jones  replied to  JBB @5.1.1    8 months ago

[]

 
 
 
devangelical
Professor Principal
5.1.3  seeder  devangelical  replied to  Greg Jones @5.1    8 months ago

meh, he'll probably blow a gasket sometime during his 1st trial and get carried out feet first...

 
 
 
evilone
Professor Guide
5.1.4  evilone  replied to  Greg Jones @5.1    8 months ago
He would have to be found guilty of any charges of sedition, insurrection, and treason first....in a court of law.

Doing more reading into the case brought forth in the article, their plan is to prove that Trump is guilty of insurrection outside of ALL the other charges in other cases. It's not a criminal case so the bar is lower, but it should still be a difficult case to prove if the judge lets it go forward.

 
 
 
Sparty On
Professor Principal
6  Sparty On    8 months ago

Yes, Trump has no path to victory…….. DOH!

 
 

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