Feb 03, 2024
CHIP SOMODEVILLA/GETTY IMAGES
Former federal prosecutor and legal analyst Glenn Kirschner said Friday that the U.S. Supreme Court is “likely” to allow Donald Trump to be removed from state ballots ahead of the 2024 election.
Trump, the frontrunner for the 2024 Republican presidential nomination, faces legal challenges that seek to remove him from the ballot in several states, with two having already barred his name from primary voters’ consideration. The lawsuits argue that Trump is ineligible to run under Section 3 of the 14th Amendment, which bars officials who have sworn an oath to the U.S. Constitution from holding office if they engage in insurrection. Trump is facing federal charges in connection to his alleged actions leading up to the riot at the U.S. Capitol on January 6, 2021, which followed after he addressed his supporters during a rally on Capitol Hill. The former president has been kicked off ballots in Maine and Colorado because of the same constitutional amendment.
Trump has maintained his innocence and said that he did not engage in an insurrection, accusing those filing lawsuits against him of attempting election interference. Meanwhile, the removal of Trump from the primary ballot in Colorado and Maine is now expected to be in the hands of the Supreme Court after the former president appealed both the state’s decisions. The hearings are expected to start in early February.
Newsweek has reached out to Trump’s campaign and the Supreme Court via email for comment.
In a Friday interview on The Stephanie Miller Show on the Political Voices Network, Kirschner, a former assistant U.S. attorney and frequent Trump critic, discussed how the Supreme Court may rule in the effort to remove Trump from the ballot, adding that he believes the Court’s “likely result” is that the former president is disqualified.
“I have a feeling they will find a way to say, ‘You know what this really is a states’ rights issue. This really is an original construction and textual issue and he’s disqualified.’ I think that is the more likely result,” Kirschner said.
He continued: “What I believe motivates the right wing block of the Supreme Court is self preservation. They want to remain above the executive branch, above the president, and they know if they do anything to facilitate Donald Trump’s return to the Oval Office, he’s already announced he’s going to be a dictator day one, and a dictator has absolutely no use for a Supreme Court. So they’re thinking that in the back of their heads if not in their front of their heads.”
During a town hall event hosted by Fox News host Sean Hannity in December, Hannity pressed Trump to pledge that he would never “abuse power as retribution against anybody,” as had been suggested in recent reports, if he’s reelected president. In response, Trump suggested that he would only behave in such a way on the first day of his hypothetical second term. However, Trump later said that the comments were in a “joking manner.”
Kirschner’s comments come after Maine’s highest court refused to weigh in on whether Trump should stay on the ballot in the state, before the Supreme Court decides on the case in Colorado.
Last month, a state Superior Court judge placed the decision on hold until the Supreme Court hears arguments on Colorado’s case on February 8.
Maine’s secretary of state, Shenna Bellows, a Democrat, appealed the state judge’s decision, seeking input from Maine’s highest court first. But with a unanimous decision on January 24, Maine’s Supreme Judicial Court dismissed Bellows’ appeal, ruling that the U.S. Supreme Court should weigh in before she can decide whether she wants to withdraw, modify or uphold her decision to keep Trump on the primary ballot.
The U.S. Supreme Court has never ruled on Section 3 of the 14th Amendment and the Court’s decision is expected to be consequential for this year’s presidential election, which is shaping up to be a potential rematch between Trump and President Joe Biden.
https://www.newsweek.com/supreme-court-decide-donald-trump-removal-ballot-1866611
Let all righteous people hope that the Supreme Court will do the only right thing and allow the traitor to be removed from ballots. It only has to be a few states to follow Colorado and Maine’s ethical decisions to make a second term for this baboon impossible. Maybe we’ll be really lucky, and the crook will be thrown into prison. At any rate, without this russian asset, the Maga gang holding our country and Ukraine hostage will evaporate into thin air.
I wish i could share your naïve optimism. His lackeys will continue to try to ruin America and Ukraine alike at all cost.
I’ll wait for the fat lady on this, Mike.
Neither Colorado nor Maine have a case to keep Trump off the ballot. Showing that Trump was guilty of insurrection requires charges and conviction of said act, and neither has taken place. while SCOTUS has often ignored both law and the constitution, if they stick to the law, they will not remove him.
Sorry, but what does SCOTUS mean anyway? 😎
The plain text of the amendment doesn’t require a court conviction for insurrection or rebellion. This is intentional. The 14th Amendment originally applied to countless Confederate soldiers and continued to apply to them even after they were pardoned by President Andrew Johnson in 1868.
If they stick to the law, they will declare that trumpkov is disqualified.
I agree that even if the Supreme court returns the power to the states, (giving the decision of the states remove someone from a ballot), I can’t imagine any state allowing someone to be removed from the ballot without having “due process” in the courts, meaning there has to be a conviction. God forbid we allow any state to just remove someone based on some public interest rather than a legitimate court conviction. That would be the end of the United States. IMHO. So despite my despise of Trump no matter how the Supreme Court rules, it’s probably too late to affect the orange asshole. He needs to be convicted and even if he’s convicted in May, there will be appeals going beyond November 24.
Not what many want to hear but I think this is the probable course.
For those unfamiliar with the tenth amendment here is a small section… “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The intent being to ensure the federal government overstep its limits. Every single law passed by Congress includes a statement justifying the right of Congress to pass said law under the Constitution. This is required so as to ensure compliance with the Tenth Amendment. However the federal government has been disregarding states rights for too long and needs to be corrected. IMHO.
We’ll see about that. At worst, they will leave it up to the states to decide, which is the least they should do.
The problem with the idea that Trump “will” be removed is that Trump did not commit insurrection. He has also never been charged with it, nor convicted. If SCOTUS sticks to the law, he will stay on the ballot.
As has been mentioned many times, charges and conviction are not necessary for disqualification under Section 3 of the 14th Amendment.
“Trump did not commit insurrection.”
What do you call the effort to overthrow a lawfully elected government through a combination of violence and legal subterfuge? In its ruling, the Colorado Supreme Court reviewed a variety of colloquial and legal definitions of insurrection and reached a common-sense conclusion “that any definition of ‘insurrection’ for purposes of Section 3 would encompass a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power in this country.”
The rebellion by the Confederate States was no less legal than the rebellion against the British Empire.
In both cases, it was an unlawful rebellion.
And in both cases, the United States won the war. 🙂
Larry without a conviction would set an extremely dangerous precedent. My God, there are so many elements in the laws now that I can develop a case that your children committed insurrection. We need and must have a proper legal conviction. You know how I feel about Trump so this has nothing to do with that creep but rather what is the right thing for the United Stares.
Doesn’t matter to the law if you think it’s a dangerous precedent. The plain text of the amendment doesn’t require a court conviction. A strict originalist will go by that. (Unless, of course, their loyalty was bought by a free RV, fancy vacations, and a house for their mother…)
It does matter. Because I call you murder make that true. Of course not. Due Process is what saves us all from being assholes.
“Of course not” – because there’s nothing in law or the Constitution that would support that. But Section 3 of the 14th Amendment doesn’t require a court conviction. It just says “shall have engaged in insurrection”.
I think it’s obvious that trumpkov engaged in insurrection. The House select committee on Jan. 6 found that trumpkov engaged in insurrection. And the Colorado Supreme Court concluded that trumpkov engaged in insurrection.
At the end of the day, it doesn’t matter what either of us believes. What matters is how the Supreme Court rules. And I’m a lot less confident than Mr. Kirschner that they will uphold the clear intent of the Amendment.
Larry, “due process” is a fundamental right of everyone in the US. God forbid we lose that right. Yeah I believe Trump is a dick but I’m not going to deny him his right to due process anymore then I would to the members of the ”squad:”.
He’s as guilty as sin.
Tucker Carlson has been in Moscow for the past three days, according to Russia’s Mash outlet. He was spotted at the Bolshoi Theatre today.
Is he there getting new marching orders?!?
Of course for Ukraine I hope Trump’s name would not appear on any ballot.
I mean, what isn’t there to love about a ballot with Biden and Haley.
However, if the Court does decide Trump cannot participate, I wouldn’t be surprised for the shit to hit the fan in the U.S.
^bert
“…if the Court does decide Trump cannot participate, I wouldn’t be surprised for the shit to hit the fan in the U.S.”
It will do so with or without the Supreme Court decision, Bert. Trump has managed to polarize the nation and the longer he is politically active, the more damage he will cause. Might as well get it over with as soon as possible. The shitty fan, I mean.