Sunday, August 27, 2023

Legal experts argue this is why Trump cannot hold office again

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Laurence Tribe and former Judge Michael Luttig write this, quote. "The former President's efforts to overturn the 2020 presidential election and the resulting attack on the Capitol, placed him squarely within the ambit of the Constitutional disqualification clause. And he is therefore ineligible to serve as President ever again!"

And Professor Laurence Tribe and Judge Michael Luttig join me now to talk about this. Gentlemen, it's it's a real Honor to have you both on at the same time, Thanks so much for doing this. 

Your argument just to explain this to our viewers is Essentially, it comes down to these two sentences in the Constitution's 14th amendment (section 3). No person shall be a senator or representative in Congress or elector or President and Vice President, who having previously taken an oath as an officer of the United States to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same or giving aid or comfort to the enemies thereof. I'm proud of myself, first of all, for getting through all of that without messing that up. But let me go to both of you on this gentleman.

How is this going to work? Because Donald Trump is not going to say: You got me, I'm disqualified. Judge, I'll let you go first. And then the professor. Jim, thank you for having us on this afternoon. Professor Tribe is the most celebrated constitutional mind in America, and deservedly so. And he has been that for the past four decades. Professor Tribe has been studying the Constitution and even the disqualification clause of the 14th Amendment. His entire illustrious career. I first began to think seriously about the 14th Amendment disqualification clause only two years ago in January of 2021. But I quickly came to the same conclusion that Professor Tribe had come to many years before that. And then in the two years between January 6th and today, Professor Tribe and I have been discussing the disqualification clause and the possible disqualification of the former President privately between ourselves, that what has brought our article forth is some magnificent scholarship by professors Baude and Paulson that is forthcoming and a law review from the University of Pennsylvania. Their monumentally important contribution that they have made is that they have demonstrated that what might have been is not. Which is to say this section three of the 14th Amendment means exactly what it plainly and clearly says specifically as you just read. 

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Yeah. Any person who previously has taken the oath of office to Support and Defend the Constitution of the United States and who then engages in insurrection or rebellion against the United States and the Constitution of the United States shall not thereafter hold. In this instance, the office of the Presidency of the United States that language in the Constitution, Jim, simply could not be any clearer It is unmistakable in its application to the former president. The only thing that was not known professors Bawd and Paulson did their scholarly work is whether this was the actual meaning under the original understanding of the Constitution. And the professors confirmed and demonstrated that indeed it was. 

And so, Professor Tribe, an honor to have you on as well. Does that mean that Trump is essentially right now automatically disqualified? That he shouldn't be allowed on ballots and so on? 

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Jim, what it means and it's a great honor to be on with the distinguished justly celebrated judge Luttig. What it means is that secretaries of state or other officials who are responsible for deciding who is qualified and who is not will have to determine whether, despite his obvious attempt to overturn the 2020 election and engage in insurrection, whether despite that, somehow Trump gets to run. Secretaries of state around the country are going to go both ways on that. The red ones may go one way in the blue another, although I would hope that partizan politics wouldn't always determine it. But whichever way they go, they will be challenged in court and that will end up in the Supreme Court. And what it will have to decide is what this language means. It's pretty obvious what it says In fact, when it was written, Abraham Lincoln was no longer President. 

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We had a president who didn't be in the 14th Amendment Andrew Jackson. They weren't going to rely on him and his Justice Department to decide who should be convicted of insurrection. That's beside the point. So it's important to see what happens in all of these 91 pending charges of crime against the former President. But whatever happens in those cases this disqualification, like the disqualification of someone, who was not a natural born citizen or the disqualification of someone who doesn't meet the age limits has got to be enforced according to its terms. 

For a very long time, Americans didn't take this seriously. But now the scholars have begun to look at it. And as the judge says, I've looked at it for a long time It's impossible to disregard. We have a former President who has proudly said that he would terminate the Constitution. That was his language. He would terminate if necessary. To hold on to power. How can he say that and take the oath to uphold the Constitution? This is going to end up in the Supreme Court. It's a monumental issue. The most important constitutional issue of our day. 

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And people have got to get used to the fact that whatever happens in these very important trials of the President under the Constitution's own language, he's simply not eligible to be president again. Now, of course, when you asked is he going to say, you got me The answer is No. He never says you got me. He won't say that even if he's convicted of all the crimes available but it's not up to him. Wake up, Mr. Trump. It's not up to you. It is up to the Supreme Court of the United States reviewing with the secretaries of state, determine and they take an oath to uphold the Constitution. And the Constitution tells them that an insurrectionist who tried to overturn the country's Constitution cannot be Entrusted with protecting it in the future So stay tuned. This is going to be a saga that lasts between now and the election.


I think this is very Important to be talking about... I will give a Thumbs up to Asa Hutchinson for at least having the B@lls to Mention It, now we need to spread the Truth. Yup, up to Me and You!!! So what are Your thoughts.?


Personally if this is True, which any layman can clearly read, somebody better tell Donnie he is wasting his Money and our Time!!! I am guessing Donnie will face two more Indictments, one for Arizona and if Cannon keeps monkeying around, I see Jack Smith setting another from New Jersey... I am not throwing my hat in the Ring for Biden but would Vote in Favor of Michelle Obama, what's your Take...?



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