Senate Democrats are approaching the argument that Donald Trump is disqualified from running under the 14th Amendment with caution — but interest.
“Donald Trump is disqualified in so many different meanings of that word, including being the first candidate with 90 criminal indictments!” Sen. Elizabeth Warren (D-MA) exclaimed, chuckling. “So I’m glad for people to make their arguments, but this is just more on top of more — and it will persuade the people who are already persuaded and won’t persuade those who aren’t.”
Democrats can no longer afford to assume that common sense will prevail. We have the tools necessary to save this country. We cannot neglect to make use of them unless we no longer believe in the future of our country, or the world we live in.
“We’ve got to win the election, so that’s for courts to resolve,” added Sen. Tim Kaine (D-VA).
Yep. Regardless of everything else, we’ve still got to win the election.
The harm is in NOT trying. Although I expect them to tie themselves in knots to justify that he did what he did.
We’re already in an existential war. De escalating preventatively serves no purpose. Let them threaten all they like, they need to be feeling some consequences.
A lot of oxygen and ink is being used up on such a dumb idea politically.
It’s a turd.
If Trump legitimately wins the election after being indicted on nearly 100 felonies… The the United States deserves Trump as president.
Is it now?
Please explain why this should be ignored. We’re early in the election cycle, why not give it some oxygen?
And please…do not tell me that it might just solidify the MAGAt base.
If he’s reelected why would we believe in the future of this country?
Exactly my point!
Though if he does get removed from ballots in some states, that almost certainly helps down-ballot Democrats as it would probably (self-)suppress Trump supporters in the state, who wouldn’t bother to show up. But as people have said, if it gets any traction from any judge in any individual state, it’s going to be litigated straight to the Supreme Court, so I don’t really see how you could get a situation where he’s DQ’d in a handful of blue states, but still on the ballot in red ones. It seems like it would ultimately wind up being all or nothing.
I guess it could get drawn out if he was DQ’d and red states insist on putting him on the ballot, despite court rulings. But that argument is putting the cart before the horse since it would necessitate the SC disqualifying him and I don’t see that as likely, politically speaking. It definitely doesn’t seem like the Court is going to make any friends if/when this gets before them. I agree with what others have said that if they rule against lower courts that he’s not eligible to run, they strengthen arguments for court reform (particularly based on the logical knots they would have to use to overrule whatever arguments they were objecting to). And invalidating Trump from the ballot nationally would create a shitstorm on the Right.
The Silly Season is upon us.
Note to Kate Riga—the word caveat is a noun.
It means “beware” in Latin.
It cannot under any circumstances be used as a verb if you want to be taken seriously as a writer.
My primary interest - force the Courts to rule on it.
Now that the disqualification cat is out of the insurrection bag, Republicans will absolutely try to use it to remove Democrats from the ballot. Better to force the SCOTUS now to decide on whether it can or how it should be used when the outcome is either “Trump can still be on the ballot” or “Trump is officially disqualified”.
My personal read is that…
Politically it will come off as weak.
This will gloriously be amplified by the media. (Like all anti Hillary drivel was in 2016) Emails 2.0. (It doesn’t have to make sense)
Despite Joe having nothing to do with it, the portrayal will be he’s the mastermind behind it to save his feeble minded self. (Again, It doesn’t have to make sense)
The media is primed and ready for exactly this bull shit.
Also way too early. Fairness to anyone going forward (not Trump, fuck him) this should wait for at least a conviction in the J6 or GA cases.
"Many Democrats TPM talked to Thursday caveated their remarks with insistence that the 2024 election be decided by voters. "
Sure, leave it to Republican voters and we’ll end up with Viktor Orbán, and he’s definitely not eligible.
Don’t tell that to Cicero.
Cicero be long dead.
In English, it’s strictly a noun.
The arguments NOT to pursue disqualification are SOOOO weak as to not deserve attention. It’s clear in the freakin’ Constitution so either 14.3 counts or none of that document matters a wit.
The WHOLE POINT of 14.3 is to DENY VOTERS the ability to vote for and/or elect someone who is a clear traitor to the country. That’s what post Civil War Southerners want to do. Their punishment – and it’s a mild one – is that they CAN’T vote for enemies of the Constitution.
So the argument that this is a political question is nonsense. Either we enforce a clear provision of the Constitution or its all subject to mob justice. The exact same restriction would apply to Trump running for a third term in office, which he’ll just ignore as will the R party, his minions, and perhaps the Supreme Court. Josh Marshall is probably right about that. SCOTUS as it’s currently constituted would have no problem declaring parts of the Constitution null and void.
As a factual matter, it only barely arguable that Trump did NOT commit insurrection. He assembled the mob, incited the mob with lies, advised them to fight like Hell or lose their country, and pointed them to the Capitol at the very moment he would be officially recognized as the election loser. OJ had much better defenses.
But that’s not me saying so. That’s 57 US Senators!! It wasn’t enough to remove him from office, but it would have only taken 51 votes after impeachment to bar him from ever holding office again. That’s a very strong argument, particularly since political resolutions failed due to politics.
Besides, if Trump is barred from running, then I suspect Biden will not run either and we can have a clean election with new choices, which is what the vast majority of Americans indicate they want. Plus, Biden would immediately become more popular. It’s his desire to hold onto the office which is hurting is approval rating, duh!!
Are you sure it isn’t part of Common Core. 
It makes no difference: Donald Trump will never set foot in the White House again.
Whether he’s on or off any particular ballot is irrelevant.
The American electorate is gonna beat him so hard in 2024 that even Fred and Mary are gonna feel it.
I’ll give it a shot. First, it would only have an impact in swing states because all but two states are winner-take-all. It won’t matter in Blue states that will vote Biden anyway, or Red states where these efforts won’t succeed. Swing states have divided politics in the legislature by definition, so they’re the least likely to get a supermajority in the legislature to impose this, even if it isn’t shot down by SCOTUS first.
Second, if it succeeds then it’s inevitable that it will be tried by R’s against Dems one day, using shaky reasoning that equates insurrection with simply opposing what the R’s are currently doing in government.
Third, the prior use of the 14th did not require proof of conviction in court, but there is no way this will be accepted by the majority of voters, including many Democrats, if Trump isn’t tried and convicted of insurrection before removing him from the ballot.
Which is impossible! Because the DOJ didn’t include the article of Federal law that deals with insurrection in the J6 indictments. The idea that he can be removed from the ballot without being tried for insurrection is ludicrous in terms of selling this idea to the general public, and he literally isn’t even being charged with insurrection.
It’s a distraction, a waste of time. If this succeeds and Trump is removed from the ballot anywhere, in even a single state, then Biden’s second term will never be seen as a legitimate win. So there’s another reason it should be ignored. Just my opinion.