As a layperson I am very confused, baffled and yes perturbed by the interpretation that the various State Courts have been making as it pertains to Section 3 of the 14th Amendment of the United States Constitution;
No Person shall be a Senator or Representative in Congress, or elector of President and Vice president, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Historical levels of mass shootings and hundreds of people dying because of the courts interpretation of the 2nd amendment does not sway them. However the phrase “no government official to seek re-election if engaged in a resurrection” this is not clear to them. Hopefully within the next few months the U.S. Supreme Court will finally make it clear. But, according to research done by Everytown for Gun Safety Action Fund® (https://everytownresearch.org/) Since 2015, over 19,000 people have been shot and wounded or killed in a mass shooting. In 2022 alone, over 600 people were killed, with over 2,700 wounded. The question then becomes who is our government, the government of “We the People” really defending or protecting? Is it the billionaire class or is it really “We the people?”
After the January 6, 2021 capitol siege Sen. Mitch McConnell delivered a scalding denunciation of Donald Trump, calling him “morally responsible” for the Jan. 6 attack, and Kevin McCarthy said that Trump admitted bearing some responsibility for the Capitol attack. He went so far as to say he would push Mr. Trump to resign immediately: “I’ve had it with this guy,” he told a group of Republican leaders, according to an audio recording of the conversation that had been obtained by The New York Times.
But of course we know what has happened in the weeks and months since then. The Republican leadership coalesced and have since changed their tune. They say that Trump did not do anything wrong, that he, like all Americans, has the right to free speech and that his speech did not incite anyone. In other words we should not believe what we all collectively saw, heard and felt on that fateful day. That we should instead believe what they say.
BEYOND A REASONABLE DOUBT
“Beyond a reasonable doubt” is a legal term used in criminal cases. It is the highest standard of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant’s guilt in order to render a guilty verdict. This standard of proof is much higher than the civil standard, called “preponderance of the evidence,” which only requires a certainty greater than 50 percent.
Before the actual election took place in November 2020, when all indicators were pointing to a Biden victory, Donald J. Trump and his minions began to muddy the waters. They began by saying that the only way he (Trump) could lose the election was if it was stolen. Trump, et al were on a mission to lay the groundwork for what eventually came to be, he lost the election. Then he and his loyal followers went on to claim that the election was stolen. They did everything they could, they cheated , lied, and stole in an effort to convince the public that the election was stolen. They did everything they were accusing the Biden and Democrats of doing. Then when those efforts failed they wanted Vice President Pence to invalidate the electoral collage count. On that fatal day, January 6, 2021 Trump and his cohorts held a rally close to the Capitol. They uttered such things as “trial by combat” (Rudy Giuliani), “Today is the day American patriots start taking down names and kicking ass” (Mo Brooks), Trump pushes for Mike Pence to ‘do the right thing,’ reject the Electoral College vote. Then Trump prompts the thousands of his followers in attendance to march down Pennsylvania Ave to the White House and demand that they (the Electoral College) stop the steal. The mob, already fired up by Trump’s, Giuliani’s and Mo Brook’s rhetoric heads toward the Capitol. It is totally out of control and many begin to rush the White House in an attempt to stop the counting of the votes that will certify Joe Biden as the winner and new President. They smash widows, break down doors, engage with the Police and eventually gain control of the Capitol building. They ransack the hollowed offices of our duly elected leaders. Yelling for Nancy Pelosi and Mike Pence. There is fire and hate in there eyes. Police officers get hurt, and then someone gets shot. While this melee is going on Donald Trump is in hiding. Watching the scenario play out on TV. Not once does he try to stop the mob. Not once does he assert his leadership as commander in chief. Instead he watches the television as the Capitol building violated. Doing nothing but eat a sandwich and watch it play out on the television. It was only after six hours that he releases a pre-recoded message telling his “good people” to go home. To little to late. The damage had already been done.
The evidence is there for everyone to see, and hear. Most Americans, in fact most people around the world saw everything Trump and his followers did in their attempts to stop Joe Biden from being sworn in. Prior to this Capitol incident Trump’s team took their case to court. However in law Suit after law suit their claims were refuted. There was no evidence of election fraud, there was no evidence of voter machine tampering, or of ballot box stuffing. What is evident, however, is that there was an attempted coup d’é·tat at the prompting and encouragement of Donald J. Trump. Everyone with an once of common sense knows that this is what happened – Donald J. Trump tried to steal the election.
Currently there are attempts by many advocacy groups and individuals to have Donald Trump’s name removed from state ballots next year over claims that he violated section 3 of the 14th Amendment. However, any move to bar Trump from running as a presidential candidate would almost certainly be met with legal challenges, or an intervention from the Supreme Court. It is highly unlikely that the conservative majority court, which includes three judges nominated to the bench by Trump, will support the plan to bar him from being on next year’s ballots. If the court does not support the plan to bar him from being on next year’s ballots, it would set a terrible precedent that the 14th Amendment cannot be used to disqualify a former president from running for office again. This would mean that the 14th Amendment would not be a viable option for preventing a former president from running for office again, even if they were impeached and convicted by Congress. The Supreme Court is supposed to an independent branch of government and its decisions should be based on the interpretation of the law, not political affiliations. But as we have seen lately, these decisions do tend to be based on political ideology. Just think back to Gore Vs Bush. In that case the court sided with the Republicans and George Bush became President. That being said, it is difficult to predict what the outcome of such this case would be.