Trump sought and actively tried to subvert constitutional government and overturn the results of the presidential election. And what he could not do through the arcane rules and procedures of the Electoral College, he tried to do through the threat of brute force, carried out by an actual mob.

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    36 months ago

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    Last month, the states of Colorado and Maine moved to disqualify Donald Trump as a candidate in the 2024 presidential election, citing Section 3 of the 14th Amendment.

    In response, Trump has asked the Supreme Court to intervene on his behalf in the Colorado case and he has appealed Maine’s decision.

    Trump, the committee wrote, “unlawfully pressured State officials and legislators to change the results of the election in their States.” He “oversaw an effort to obtain and transmit false electoral certificates to Congress and the National Archives.” He “summoned tens of thousands of supporters to Washington for January 6th,” the day Congress was slated to certify the election results, and “instructed them to march to the Capitol” so that they could “ ‘take back’ their country.’ ” He even sent a message on Twitter attacking his vice president, Mike Pence, knowing full well that “a violent attack on the Capitol was underway.”

    Under a plain reading of Section 3 — and given the evidence uncovered by the Jan. 6 committee — Trump cannot stand for the presidency of the United States or any other federal office, for that matter.

    It would also invite Trump’s allies in the Republican Party to do the same to Democrats, weaponizing Section 3 and disqualifying candidates for any number of reasons.

    And while it will be tempting to attribute this outcome to the ideological composition of the court — as well as the fact that Trump appointed three of its nine members — I think it will, if it happens, have as much to do with the zone of exception that exists around the former president.


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