When we last posted we predicted that the US Supreme Court would overturn the ruling of the Colorado Supreme Court as being “pre-mature”. We now present our analysis of what SCOTUS should decide and the reasons for that decision. SPOILER ALERT: IF YOU’RE A TRUMPER–STOP READING.
First, this is the relevant text of the 14th Amendment (we’ve omitted only the extra words that have no impact on this issue at all): ” NO PERSON SHALL…HOLD ANY OFFICE…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 GIVEN AID OR COMFORT TO THE ENEMIES THEREOF.”
There are three specific terms as we have shown by emboldening. Let’s briefly look at each:
- OFFICER : Donald Trump, as President of the US, also carries the title Commander-in-Chief and has direct and ultimate authority of ALL the Armed Forces of this country. It is therefore impossible to define the term “Officer” in such a way as to exclude Trump.
- ENGAGED : Donald Trump addressed an armed mob and told them “to fight like Hell” and “go down to the Capitol”. He knew the armed mob was not a danger to him so who did he think they would target? And, he watched the armed mob pillage the US Capitol, seriously injuring hundreds of Capitol Police and damaging a major symbol of our democracy for 187 minutes WITHOUT LIFTING A FINGER TO STOP THE MAYHEM. Clearly his actions prove “engagement” and “giving aid and comfort”.
- INSURRECTION: The Webster dictionary defines “insurrection” as “a violent uprising against an authority or government”. If you watched any of the riot on the Capitol grounds that day you saw the very definition of “insurrection”. This activity was an attempt to overthrow the democratic election process by obstructing a Federal process that followed a fair and legal national election.
Trump’s lawyers call this charge against their client as “unprecedented”. That allegation is untrue. After the Civil War several Confederate soldiers attempted to campaign for elected offices. They were summarily denied. In fact, their attempts became the reason for the US Constitution’s 14th Amendment. It was precisely this situation that produced the “officer-engage-insurrection” essence in the text. If Trump isn’t judged as unqualified because of the 14th Amendment we have a serious breech of judicial ethics. The US Supreme Court will violate the “no man is above the law” principle because it will need to ignore what Trump said, what he did and what we all saw on January 6, 2021. THERE IS NO OFF RAMP FOR THE COURT. IF THEY OVERRULE THE COLORADO SUPREME COURT’S FINDINGS THEY ARE POLITICIZING–NOT LEGALIZING–THEIR DECISION. EITHER THE COURT IS TOTALLY CORRUPT OR THE JUSTICES FEAR FOR THEIR SAFETY. EITHER WAY–ALLOWING TRUMP ON THE BALLOT AFTER HIS JAN 6 DEBACLE SIGNALS THE END OF THE RULE OF LAW. IF PLAIN-STRAIGHT-FORWARD AND IRREFUTABLE EVIDENCE IS NOT ENOUGH TO CONVICT WE HAVE A COUNTRY WITHOUT ANY GUARD RAILS. THE AMERICAN PEOPLE MUST SEE THE DANGER THIS PORTENDS AND–IF THE UNTHINKABLE HAPPENS–RISE ABOVE THE SEWER LEVEL OF THE US SUPREME COURT WHEN YOU VOTE IN NOVEMBER. THE MESSAGE MUST BE MADE CLEAR. WE MUST MAINTAIN THE DEMOCRACY OR FACE THE CERTAINTY OF DICTATORSHIP.
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