Innocent until proven guilty. That’s a fundamental right in America, at least until now.
Anti-Trump groups determined to disqualify the leading Republican candidate for president are urging state election officials across the U.S. to remove Donald Trump from the ballot, claiming he’s an “insurrectionist.” They’re citing an arcane clause in the 14th Amendment, written after the Civil War, that disqualifies anyone who “engaged in insurrection” against the United States from holding public office.
Here’s the hitch. Trump has never been convicted of insurrection, and none of his prosecutors – not Jack Smith nor Fani Willis – is charging him with insurrection. The House of Representatives impeached him, accusing him of insurrection, but he was acquitted. So, zero convictions, one acquittal.
Even so, left-wing group Free Speech For People has sent letters to state election officials, including the co-chairs of the New York State Board of Elections, labeling Trump an insurrectionist and telling these officials they have a duty to remove Trump from the ballot, just as they would be obligated to remove any presidential aspirant who had not reached the age of 35 or was not a natural born citizen.
Under this scheme, if Trump wants to be on the ballot, he’ll have to go to court and prove his innocence.
In short, guilty until proven innocent. That’s as un-American as it gets. Whether you like Trump or loathe him, you should be concerned.
George Washington University law professor Jonathan Turley calls it “the single most dangerous constitutional theory I’ve seen in decades.”
The ploy could also produce chaos in November and December, as states preparing for the upcoming presidential primaries deal with lawsuits over Trump’s presence on the ballot. New Hampshire’s secretary of state and attorney general issued a joint statement last week saying they are “carefully reviewing the legal issues involved.”
Ultimately, any attempt to remove Trump from the ballot would rocket up to the U.S. Supreme Court.
Free Speech For People President John Bonifaz has worked closely with Rep. Jamie Raskin (D-Md.), the lead impeachment manager in Trump’s second impeachment trial in 2021. Raskin and Democrats failed to convict Trump then. Resorting to the “insurrection clause” is a ploy to get what they failed to achieve constitutionally.
Anti-Trumpers on the Right are also willing to label Trump an “insurrectionist” without legal proof and deem him disqualified. Former Arkansas Gov. Asa Hutchinson said as much on the Republican debate stage in Milwaukee on Aug. 23.
The “insurrection clause” was added to the Constitution during Reconstruction, right after the Civil War, to disqualify Confederate officeholders and military leaders.
But the clause became a dead letter when Chief Justice Salmon P. Chase, who rode circuit and decided appeals court cases as well, ruled in 1869 in Re Griffin that Section 3 by itself could not disqualify anyone from office. Chase’s ruling remains federal precedent.
Free Speech For People and other anti-Trumpers point to a forthcoming University of Pennsylvania Law Review article arguing Chase’s ruling was wrong. Harvard Law professor emeritus Laurence Tribe also calls Chase’s opinion “poorly reasoned.”
That’s the ivory tower crowd’s take. It doesn’t change precedent.
In 1918, Socialist Eugene V. Debs went to prison, convicted of inciting U.S. Army personnel to resist authority. But he was not convicted of insurrection. The Socialist Party nominated him for president in 1920, and his name appeared on the ballot in 40 states. Justice for Debs, but not for the 45th president?
Last spring, Free Speech For People tried to get Rep. Marjorie Taylor Greene (R-Ga.) removed from the ballot in Georgia using the insurrection clause. But Judge Charles Beaudrot ruled there was insufficient evidence she had engaged in insurrection. “Heated political rhetoric? Yes,” the judge said. ” A call to arms for consummation of a pre-planned violent revolution? No.”
Thank you for the sane perspective, Judge Beaudrot. Jan. 6 was unfortunate. But the Civil War cost 750,000 American lives. Fortunately, nothing like that has severed this nation since.
The ploy to take Trump off the ballot is profoundly anti-democratic. Tell anti-Trumpers in both parties to woo voters with winning policies instead.
Due process and the presumption of innocence — even for Trump – are principles that make our nation exceptional.
Respect America.
Betsy McCaughey is a former lieutenant governor of New York and chairman of the Committee to Reduce Infection Deaths. Follow her on Twitter @Betsy_McCaughey.
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The left has never had any use for the United States Constitution. They view it as an obstacle to them imposing the sort of authoritarian-style government that exists in the socialist and Marxist regimes that they admire around the world. So, it shouldn’t come as a surprise that the left would “trash” the Constitution, as the author states, to get what they want. Which is trying to eliminate President Trump from being able to participate in the 2024 election by any means necessary. If the left succeeds against Trump, they will turn around and use the exact same methods and tactics to stop anyone else who happens to take his place on the ballot.
If the lawfare approach doesn’t succeed, then the Carlson / Trump interview of a few weeks ago, where Carlson spells out in clear, unambiguous language, the next feared step the left will try to stop Trump. If you didn’t watch that interview, you really should, as it is an honest, adult conversation.
The left has ZERO INTEREST in fair elections or the will of the people. They have dropped that pretense completely. Those they can’t intimidate; they will try to eliminate by any means at their disposal. For the left, this is all about the retention of unilateral power to do as they please. They certainly are NOT interested in relinquishing the near total control they have over the Executive Branch of the federal government or the Judiciary, because the people don’t like the direction the left is taking this country. What we’re seeing now with these nonsensical prosecutions of Trump is exactly what one would expect to see in countries like China, Russia, Turkey and elsewhere where there is no rule of law, but instead there is only the power of the State to crush its opposition.
Trump is only part of this. Let us remember, the lily livered crats did their best to trash Trump’s entire term while in office. They continue to make an example of their self serving politic’s with the Jan6th over bearing convictions/sentencing. They don’t care about laws or the constitution unless it somehow serves them. Trump is right when he says, “they’re coming after you and I’m just standing in their way”. That is why it’s important we donate to his campaign. The slippery crats are using tons of dark money and have the help of the lame stream fake news media. Sort of like changing each others diapers. And man, are those diapers ever full of it.
is a News Flash, they have been trashing the Constitution for the last 50 years, but no one gave a crap because it wasn’t their Ox getting gored.
If people had been reading the Constitution, we would not be in this position, we have allowed Congress to violate the Constitution and people just set on their butts, and said I am ok with that If we had been telling Congress not only no, but hell no with all kinds of Legislation and throwing them out of office if they didn’t act in the best interest of the citizens, but Nooooo, we keep sending the same old incompetent WEASELS to Congress to stick it to us time and time again, but if it’s not your Ox let them keep violating others rights, it doesn’t affect me many times, the Constitution has been violated and I hear crickets if we had been telling all along that violates the Constitution and made our voices heard loud and clear on other issues this would have never happened, but you, me, your family, our neighbors have allowed them to get by with it so now it’s out of control.
We have allowed people in both parties to get by with whatever they want as long as they don’t gore my Ox, the minute you let them violate part of the Constitution, sooner or later they will Violate it all.
The 2nd Amendment has been violated so many times it looks like Swiss Cheese, a founding Father once said those who give up Liberty for Security have nor deserve either. (Not an exact Quote)
If we had been standing up for all of the Constitution, this would have never happened
If the Democrats ever had total control America is lost, SAVE AMERICA, VOTE FOR ONLT CONSERVITIVE REPUBLICANS!
I am sick of the left and their pursuing charges against Donald Trump. If they will do this to a President then what will they do to an American citizen ? They already have a Democratic Judge that sent 6 demonstrators to prison for praying and passing out material against abortion . Where is our free speech ? Evidently not allowed according to the Democrats.
The Democrats wish is for the American people to sit back and become their Socialist puppets and they will be the string controllers .
The left will do anything to move this country toward communism. Pres Trump is standing in the way.
Hey, I agree with what everyone is saying. We are facing a menace, a cancer that has consumed the democratic party. Read Mark Levin. But your words should end with the comment: I am contributing whatever money I can to the Donald Trump for President campaign. Without your contribution of whatever you can, your words are meaningless, trite, without any merit.
We will write him, if need be! Remind others!
The more they attack Trump, the more I trust him to destroy the RINO/Liberal Deep State.
TRUMP THEN
TRUMP NOW
TRUMP IN JAIL
TRUMP FOREVER
It’s time that the silent majority, regular Citizens who love God,Family and Country stood up tobe counted against the marxist , immoral America hating left.
Anyone who follows the marxist democrat party, rino traitors and self anointed elites of Washington are the enemies of We the People.
Speak out LOUDLY against the corruption, injustice and hatred they represent.
NEVER in Our Country will we succumb to this immoral,biased,politics first destruction.
THROW THEM OUT
There was no insurrection done on Jan 6. Not by Trump or the people that gathered at the capitol. The FBI undercover agents were the ones to storm the capitol. Nobody harmed anyone inside. P allowed this to take place by not allowing troops into DC. Her reason, how would it look to the world armed troops in DC. She waited an hour and a half before she okayed the capitol police to act. Just making sure people had walked through the capitol Willy nilly. That way she could accuse Trump for starting an insurrection. She was the one that set it up to make it look it was done by Trump and his supporters. Why was the head of the capitol police fired days after Jan 6. Because he knew too much. He tried for hours for P to decide how to proceed. Let’s start investigate that.Trump is hated totally beyond reason and if they can get him by trashing the constitution they will do it.
The pipe bombs that were placed by the dems headquarters on Jan 5-2021 also was never looked into. Oh a few days later the dems announced the case closed. How come to indict Trump takes three years to get the lies together and pipe bombs is dismissed in a few days. Why are they not releasing the miles and miles of video they have of Jan 6. Why is that. Getting too close to the truth that this was not an attack on the capitol but a scream of Americans, hear us. We don’t accept the result of the election. And we have as much right to that opinion than the left saying the election was fair. Hillary screamed in 2016 that the election was stolen from her. Nothing was done to her. Not by Trump or any Republican.
The skewed Jan 6 committee couldn’t show any proof of an organized overthrow. For there was no overthrow. But Trump has got to go he is the man for the people and they don’t care about these thinking people. In their eyes we are the enemy. Only in time it will show that Trump and his MAGA supporters were the ones that saved America from becoming a third world country under the rule of China. If we aren’t there already.
ALL libs = CANCER AND ARE THE ENEMY OF OUR NATION
I think the conspirators are working it both ways.
They are trashing the Constitution to get Trump while at the same time, using their pursuit of Trump to trash the Constitution.
Ultimately there is a write in section on all ballots asking who the voter wants as opposed to those on the ballot. Just write in Donald J. Trump! He’s won other elections already were he wasn’t even running.
Idiots! Why are they going after Trump? Don’t these stupid liberals realize that MAGA is way bigger than one person? Such narrow-mindedness! I hope the GOP realizes, too, that going after just Biden is foolhardy. They have to go after the whole liberal left-wing cult!
They know they can’t beat him. So they are resorting to trying everything.
The Republicans have no Bach bone. The Democrats tried to impeach President Trump twice on non impeachable charges. Biden, Harris and Mayorus should have been impeached the moment the stopped enforcing our laws on the Southern Border. It’s been three miserable years now. What are they waiting for? Even if the Senate wouldn’t convict them the Border State Democrats will be signaling they don’t care about their States security. That should end their political careers. Especially Arizona Senator Mark Kelly. He campaigned to be reinstalled in 2022 saying he was having sections of the border wall gaps filled in at the Yuma sector. Not a new foot of wall has been installed, even though the materials are paid for and sitting in the dessert and the contractors have been payed.
If Trump is elected they will tie him in knots so he can’t govern effectively. We need to take back the Senate and increase in the House.
I think it’s time to investigate the leader of the free world for TREASON leave Trump alone and stop wasting taxpayer money on election interference. The amount has to be close to 1 Billion the demorats have wasted on DJT.
For those who need a quick history lesson, the Left has been shredding our Constitution one little piece at a time for well more than a century now. It began with Woodrow Wilson, who was far more like V.I. Lenin than historians like to admit. The so-called Democrat Party, never any friend to this nation or its citizens, long ago morphed into The New Communist Party of the USA. The motto of the Left, consistent regardless of country: Power and control, at any price, at any cost, by any means necessary.
As vehemently as they go after Trump, so too do they just as vehemently ignore everything about Joe Bribens criminal empire. Today, Fulton County has their dog & pony TV show going on CNN and its very low-budget; apparently they couldn’t afford to hire the same production team as they did for the “January 6th Hearings”. These ppl keep poking at us and they may discover they’ve incited a REAL “insurrection” when ppl take to the streets!
I read that Soros is worried about Trump being elected. No telling who he’ll bribe with his money to make sure that doesn’t happen. This whole Democrat charade is just unbelievable! Anything can (and probably will) happen. We have no control. My state senators won’t listen, they’re both dems.
We are no more than 2 democratic senators away from 15 justices on the Supreme Court. WHEN that happens every idiotic thing the left can even think of will be declared constitutional.
Guess this is a, “welcome to the United Socialists States of America, the Biden dictatorship.
What does it say about the party which existence is threatened by one man Colossus with the legs of clay
NO More
Seeds for Civil War 2 & Secede from Wash DC
Clear election interference. I won’t rest until these criminal DAs are held accountable and suffer the severest possible penalties for their horrible and anti-American behavior. They colluded and are so bad they have become arrogant in their elitist flaunting of the law and The Constitution. This has become intolerable.
The democrats have become the party of corruption, they need to be kicked out of office. I think the majority of this country realizes that corruption and their failure to lead this country in the right direction. TRUMP 2024!
Nothing new here it’s been going on for years!i
If people actually read the constitution, they would know Trump did interfere with the election. The party is divided, and if we continue to support him, we will lose again.
After reading the comments, I have to say I’m sorry for beating a dead horse, BUT, “Where are the Republicans?”
The more Socialist factions try to keep US from being able to vote for Trump, the more reason there is to do so.
Vote Trump for Freedom and have money in your pocket.
Or,
Vote democrat for Communism and Slavery with NO money in your pocket.
It’s the last time the intelligent people voted in someone who actually loved and improved the country! Since slow Joe we are a f*cking laughing stock around the world! You will never convince me that the election wasn’t stolen and for one very good reason! Even obummer didn’t get 80 million votes. And I am absolutely certain there are not 80 million illiterate incompetent people who voted for slow poke joe! But there are a lot of dead folks who voted…yea, right! Keep telling yourself it was legit but, remember, you are one of those illiterate incompetent who just follows. Never a leader!
Just because Democrats call the Jan 6 demonstration an insurrection doesn’t mean it was. Democrats are famous for changing definitions to suit them. Besides, where were the pitchforks? Much less the guns. It’s outrageous and infuriating that we have people jailed for trying to observe Congressional proceedings, as was their right. In no way was it an insurrection. And Trump’s request that they go peacefully? I guess to Dems that was code for “overthrow the government”. I wish we had an honest legal system.
Get some learnin!
You know what. Communist need Trump out of the way because they can’t beat him. On the other hand if they think they will get away with this. They may want to think twice. People are already very very agitated and ready to get even!! And they will!
Lastly get these fkng idiots an encyclopedia and look up the definition of Insurrection!!!!! If they can’t read , have it explained to them.
This election is critically important. The LEFT feels strong enough to go for absolute FED control. One more Biden like term will go far to ensure that and likely destroy our system of government in the process.
How will they escape the damnation of hell?
Wrong & No