The Democratic State Secretary of Maine spoke about her decision to bar former President Donald Trump from the presidential elections in the state under the Insurrection Clause of the Constitution. (December 29)
First Decision: Trump’s Appeal of the Ruling
Former President Donald Trump on Tuesday appealed the Maine Secretary of State’s decision that prevents him from running in the 2024 presidential elections in the state due to his role in the Capitol attack on January 6, 2021. Trump claimed that she had no authority, that he did not incite any riots, that he did not take an oath to support the Constitution, and that he was not a government officer as outlined in the constitutional amendment she cited.
Second Decision: Expected Appeal in Colorado
Former President Trump is expected to appeal a similar ruling from the Colorado Supreme Court. This appeal will go to the United States Supreme Court, while the Belos decision is being appealed to a higher court in Maine.
Third Decision: Defending the Ruling
The appeal filed by Trump on Tuesday demands that Belos be compelled to place him on the ballot for the presidential primaries on March 5. The appeal states that it is an abuse of her powers and relies on “unreliable evidence.”
Belos reiterated to the Associated Press on Tuesday that her decision is on hold pending the outcome of the appeal, which was expected.
Fourth Decision: Controversy over the Insurrection Clause in the Constitution
Trump’s lawyers argue that the clause is not intended to apply to the president, claiming that the oath for the highest office in the land is not to support the Constitution but to uphold, protect, and defend it. They also say that the presidency is not explicitly mentioned in the amendment, only any “officer of the United States” – a legal term they argue does not apply to the president.
Trump made the counter-argument in defending himself against charges of falsifying business records by the Manhattan District Attorney’s office, where he claimed the case should be moved to federal court because the president is an “officer of the United States.” Prosecutors argued that this language only applies to presidential appointees – Trump’s position in Maine.
The argument that clause 3 does not apply to the president sparked a sharp response from the Colorado Supreme Court last month.
Some conservative groups warn that if Trump is removed, political groups will routinely use clause 3 against opponents in unexpected ways. They suggested it could be used to remove Vice President Kamala Harris, for example, because she posted bail for individuals arrested following the killing of George Floyd by Minneapolis police in 2020.
Trump and his allies have attacked the cases brought against him as “anti-democratic” and sought to link them to President Joe Biden, as the Colorado case and some other cases are funded by liberal groups connected to prominent donors to the Democratic president. However, the Biden administration noted that the president has no role in the lawsuits.
The attack on January 6, 2021, is considered unprecedented in American history, and there are few instances deemed appropriate for applying clause 3. If the Supreme Court allows Trump to remain on the ballot, they argue it will be another example of the former president’s twisting of the legal system to justify his extreme behavior.
Reported by Ricardi from Denver.
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