Posted on 08/20/2023 9:02:17 AM PDT by lowbridge
Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.
The latest salvo came Saturday in The Atlantic magazine, from liberal law professor Laurence Tribe and J. Michael Luttig, the former federal appellate judge and prominent conservative,
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“The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be the end of the nation, the end of democracy,”
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Not all in the legal community agree with the pair’s constitutional argument – and what the scholars are proposing would need to be tested in court.
Yet Luttig and Tribe’s writings capture a conversation about the Constitution and the 2021 insurrection that is likely to grow heading into the 2024 election season.
They and others base their arguments on a reading of part of the 14th Amendment, a post-Civil War provision that excludes from future office anyone who, previously, as a sworn-in public official, “engaged in insurrection or rebellion … or [had] given aid or comfort to the enemies” of the government.
The pair write: “Having thought long and deeply about the text, history, and purpose of the Fourteenth Amendment’s disqualification clause for much of our professional careers, both of us concluded some years ago that, in fact, a conviction would be beside the point.
“The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again.”
(Excerpt) Read more at cnn.com ...
“The only thing I can see that would bar him is if he can prove he actually won the last time, which would mean he’d be running for an illegal third term this time.”
My Friend, don’t put it past the DemCommieRatBasetards to do just that.
Wait til they pass over Xio Bei Din ShiiitesHisPanyts, move KamelToe back to DiFis Senate Seat, and bring Big Mike on board as their POTUS candidate.
They’ll declare Our PDJT, The GOAT, did indeed win, so he is then disqualified to run again.
The law is can’t Run again. Not Serve again.
So just because he didn’t serve his second term means nothing. He ran and was elected twice.
Therefore, No Mas.
Everything else is failing.
Larry Tribe is a nut job. He wanted Trump in jail in 2017.
Laurence Tribe is not a legal scholar— he is a very OLD, crackpot demo machine mouthpiece. With the personality of a turd in a punchbowl— smarmy, mouthy and a one note samba of absolute BS.
It’s odd what the promise of continuing grant money can buy on campus.
They getting these legal scholars the same place they got those 51 intelligence experts?
Looks like they overlooked constitutional scholar Jeffrey Toobin ... CNN didn’t ask Toobin with what opinion he had derived?
CNN. Why read further???
Did they bother to read the article they are supposed experts in?
“Section 3.
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. But Congress may by a vote of two-thirds of each House, remove such disability.”
Note that it does NOT specify a president breaking his oath. (The office of the president is disallowed for those who are disqualified by this article.) Even if there was any truth to the idea that President Trump engaged in an insurrection (because he definitely did not), this clause does not apply to someone who merely held the office of the president.
It DOES apply to Pelosi and Biden because of their oaths as senators. But President Trump never took an oath of office in any of the categories listed.
Indeed it is!!!! It is nothing less than a communist propaganda rag and should have its doors closed. Katie should never, ever work again in the field of journalism, a field in which she obviously has little knowledge....
Conservatives...
Snort.
They’re Deep State.
How is this enforced? Could the VP refuse to recognize his electors? Wouldn’t that be ironic.
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