Two prominent American jurists, Lawrence Tribe, a Harvard professor, and Michael Luttig, a former conservative federal judge, have just written in Atlantic Ocean The constitution bars Trump from running for president again.
According to them, his 14H The amendment, which was ratified after the Civil War in 1868, protects the United States from an individual like Donald Trump.
Judge Luttig says Section 3 of the amendment – the disqualification clause – “prevents the former president from holding office again because of his conduct on January 6, 2021.”
This provision 14H The amendment was widely used to prevent former Confederate leaders from serving in the federal government without being tried or convicted of any crime. Very few of them have been convicted of rebellion against the United States. The few who received a pardon from President Andrew Johnson. He was a former slave owner, and his statue was removed from the obverse of the $20 bill in 2016.
Conservative Lawyers Against Trump
A growing number of legal scholars, including many conservatives, want to prevent Trump from running for president, because they believe his illegal actions to stay in power despite his defeat in the 2020 election disqualify him from serving again.
In a recent article, this argument was supported by constitutionalists William Budd and Michael Paulsen, members of the Conservative Federalist Assembly.
Budd and Paulsen’s “original” interpretation, of establishing that no legal action is needed and that disqualification is automatic, is that of the three justices Trump appointed to the Supreme Court.
We will see how they will be called upon to decide on the matter, or, if that happens, they will act.
Trump is weak in Georgia
Two Loyola University Chicago professors, Joseph Ferguson and Thomas Dworkin, believe that in 2023 it will be the most realistic way to enforce the 14 decisions.H The amendment to prevent Trump from running for the second presidency would be working in Georgia.
The indictment against Trump says he tried to manipulate and threaten Georgian officials. Also, he used the Fake Voters scheme to rig the election certification. For Ferguson and Durkin, no additional evidence is needed. Georgian officials are already aware of this. Thus a trial is not necessary to prove what they already know.
One way Trump can avoid this case is to have a speedy trial and acquittal of all charges against Georgia. good luck! It would be contrary to his strategy to delay all prosecutions against him until after the 2024 elections. He knows very well that convictions are inevitable in most cases.
Would they dare to do that?
If Georgia does indeed ban Trump from running for office under the age of 14H Amendment, how many other countries would have the courage to follow it? Is it enough to prevent him from winning the Electoral College votes needed to reach the White House?
It would be really amazing. Indeed, what judge, what court would dare to initiate or approve such an operation? Trump will appeal to his supporters to come to his defense by all means. Social unrest in perspective.
Trump has already defied, with impunity, court orders that prevent him from making threats against judges and juries. He is above the law and the constitution.
Tens of millions of Americans are convinced that the narcissistic, selfish, paranoid, psychopath is right against all odds.