Posted on 12/27/2024 4:16:44 AM PST by MtnClimber
Two Democrat legal experts are calling on Congress to take immediate action to prevent President-elect Donald Trump from taking office, citing Section 3 of the 14th Amendment.
Evan A. Davis, the former editor in chief of the Columbia Law Review and David M. Schulte, the former editor in chief of the Yale Law Journal, called for Trump’s disqualification in an opinion piece for The Hill, citing Section 3 of the 14th Amendment.
Davis is a New York City attorney and a former president of the New York City Bar Association. He worked on the U.S. House Judiciary Committee impeachment inquiry staff during the impeachment process against Richard Nixon.
Schulte is an investment banker and good friend of Barack Obama. He owns the oceanfront Martha’s Vineyard home where the Obama and his family used to vacation when he was in office.
Section 3 of the 14th Amendment bars individuals who have engaged in insurrection or rebellion against the United States, or given aid or comfort to its enemies from holding “any office, civil or military.”
In a unanimous decision last March, the Supreme Court tossed out a Colorado court decision that barred Donald Trump from appearing on the state’s Republican presidential primary ballot. The lower court had based its decision on 14th Amendment provision.
In their 9-0 ruling, the Supremes concluded that “states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”
But Davis and Schulte argue that evidence of Donald Trump engaging in “insurrection” is “overwhelming” and that Congress has the authority to block Trump from being inaugurated under the Constitution and the Electoral Count Act of 2022.
The act, which was intended to prevent another January 6 scenario, added certain procedures for the counting of electoral votes following a presidential election.
In January 2021, the then-Democrat controlled House of Representatives impeached Trump for “incitement of insurrection” following the January 6 Capitol riot, but the Senate acquitted him, falling short of the two-thirds majority needed for conviction.
The Democrat lawyers argue that the majority (57-43) vote in the Senate supports their case for disqualification under the 14th Amendment.
They say that any votes cast for Trump should be deemed “not regularly given” due to his alleged disqualification.
“Democrats need to take a stand against Electoral College votes for a person disqualified by the Constitution from holding office unless and until this disability is removed,” the Davis and Schulte wrote. “No less is required by their oath to support and defend the Constitution.”
Most legal experts however agree that the notion of Republican lawmakers supporting a move that could elevate Kamala Harris to the presidency is highly improbable and at the moment, Democrats just don’t have the stomach for such a fight.
“Republicans and Democrats seem to agree they’ll give Trump the smooth, drama-free transfer of power he denied Democrats in 2020,” Politico reported Thursday, adding “top Democrats say they have no plans to stand in the way of Trump’s victory — and they’re not even sure their rank-and-file colleagues will make the token objections they’ve lodged in years past.”
It seems that this is ab attempt at insurrection.
Yep,the Insurrection clause of the 14th Amendment section 3. It’s why they started calling it an Insurrection in the first place. Satan is a lawyer, specifically a prosecutor and this is simply his next plan because shooting Trump didn’t work.
For this same thing these 2 would be trying to get a Republican lawyer disbarred.
Don’t have to read it - I know it won’t work and it is just a fund raiser letter paragraph to get money from the dopes and half wits that still support the rodents.
Sounds kinda insurrectory to me...
Sounds like insurrection. I guess they need to be arrested under the new rules the J6 committee created.
What, exactly, is their problem with Trump? I doubt it has anything to do with the Fourteenth Amendment.
Evil is as evil does.
I think that they worry that Trump will tell the Truth about what our government has been up to since the end of WWII. It's mostly bad stuff, and if people knew about it, the American people would look at their government very differently.
While I hardly think Trump should reveal names and addresses of our operatives over in North Korea, China and Russia, I do generally think that he should move quickly to spill as many secrets as he reasonably can. Operation Paperclip, JFK, RFK, MLK, MKUltra, Watergate, Benghazi, UFOs, Vaccines, COVID, the list is just endless. I think that being reckless is the smart path to walk because these evil people need to utterly destroyed.
Raskin has been banging on about this & seen on video.
He is SOOOOOO pleased with himself.
I cant stand the guy- a real numpty
The NY Bar did disbar Rudy Giuliani for spreading 2020 "election lies"
You could apply that to almost every Democrat.
I expect every one to be Arrested and Charged on DAY ONE for Sewdition and Conspiracy to Insurrection, All Professional Licenses REVOKED and ALL ASSETS SEIZEDC as fruits of a Criminal Enterprise. see John Eastman.
...and a LOT of “Republicans.”
Eugene Debs kinda crushes their legal argument.
https://en.wikipedia.org/wiki/Eugene_V._Debs
He was convicted of sedition and ran for President while in a jail cell.
This was after the fourteenth amendment took effect in 1868.
They have to see the folly here. Who would survive such a ruling?
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