Posted on 12/27/2024 1:00:40 PM PST by Red Badger
In a recent op-ed for The Hill, two Democrat lawyers urged Congress to reject the Electoral College vote to prevent Donald Trump from becoming president.
Former editor-in-chief of the Columbia Law Review, Evan Davis, and David Schulte, who had served as editor-in-chief of the Yale Law Journal, quoted the 14th Amendment, which states:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
“Disqualification is based on insurrection against the Constitution and not the government,” the authors write.
“The evidence of Donald Trump’s engaging in such insurrection is overwhelming. The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel.”
The authors cite Trump’s second impeachment trial, citing “incitement of insurrection” and arguing that the Constitution permitted disqualification from holding future office.
The authors then cite:
“The Colorado five-day judicial due process hearing where the court ‘found by clear and convincing evidence that President Trump engaged in insurrection as those terms are used in Section Three.’”
However, the authors admitted that the verdict was then sent on appeal to the U.S. Supreme Court, which did “not address the finding that Trump had engaged in insurrection.”
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The authors finally cite the House Select Committee that investigated January 6, arguing that evidence from witnesses leads to “the inescapable conclusion … that Trump engaged in insurrection against the Constitution.”
They then cite the amended Electoral Act, stating that one ground for objection to an electoral vote is if a vote of one or more electors was not “regularly given.”
They then offer this supposition:
“A vote for a candidate disqualified by the Constitution is plainly in accordance with the normal use of words ‘not regularly given.’ Disqualification for engaging in insurrection is no different from disqualification based on other constitutional requirements such as age, citizenship from birth and 14 years’ residency in the United States.”
They conclude:
“To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House. If the objection is sustained by majority vote in each house, the vote is not counted and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president. “
Oy vay. /s
Yeah, the Dems are worried about “democracy”. Right.
Disbar every damn one of them and put them in the capitol prison for sedition.
but Trump was found not guilty at his second impeachment trial
so Trump is not guilty of insurrection
how does that affect their argument?
I’ll bet those two would scream like little girls when they were going up on the tree...
This is what we get for having closed down the Insane Asylum.
Sounds to me that they should their licenses.
They are impervious to facts, reason, logic and truth..................
Why aren’t they being arrested and charged with election denial?
Even if you bought this absurd garbage, the consequence is that Vance becomes President.
Just more evidence that the Democrat Party has lost its collective mind.
Two more Democrat crackpots. The Democrat Party has become the comfortable home for every malcontent, weirdo, and Marxist useful idiot. How do people even admit they’re a Democrat?
Excellent lawyers, I’m sure, except they forgot the part about having to convict someone first. Liberals really do have a mental defect.
Democracy dies with Democrats.
Lawfare at its highest.
Those election rejectionist lawyers ought to be prosecuted for conspiracy to commit an insurrection against the Constitution via lawfare. /sarc
Looks like an insurrection.
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