Thursday, January 04, 2024

Supreme Court Must Decide: Is Trump An Insurrectionist?

I've heard a lot of prognostications that the Supreme Court will find some procedural justification to ignore the 14th Amendment and keep Trump on the ballot. That probably means they will ignore whether or not Trump is an insurrectionist.

If they do find some way to keep Trump on the ballot, maybe we can at least put to rest the farce that conservative justices are textualists and believe in originalism.

If they allow him on the ballot for some weak procedural issue, is it to much to ask them as individuals to state whether are not he is an insurrectionist as defined by the 14th Amendment?

The 14th Amendment does not require a jury trial or proof beyond a reasonable doubt.  If they leave Trump on the ballot, every voter will have to decide whether or not Trump engaged in insurrection or rebellion against the United States or gave aid or comfort to someone who did.  

As justices of the United States Supreme Court they have sworn to defend the Constitution against all enemies, foreign and domestic.  Their legal training, experience and oath to the Constitution should demand that they state clearly whether or not they believe that by the text of the 14th Amendment Trump is an insurrectionist or gave aid or comfort to an insurrectionist.

This issue it before the court and they swore an oath to defend the Constitution.  If they can't say if he is or is not an insurrectionist, what good are they?

Don't Give In To Threats Of Political Violence

I've been seeing comments that using the 14th Amendments to keep Trump off the ballot is unconstitutional and will lead to violence.

As everyone should know, the 14th Amendment is part of the United States Constitution.  So using the 14th Amendment is literally constitutional!

As for violence, Trump lied about the 2020 election being stolen from him and then attempted to stop the transfer of power and in doing so incited violence.

So if he is kept off the ballot we can expect violence.

If he loses the 2024 election we can expect claims the election was stolen again and violence.

If he wins the 2024 election he will implement the plans he has been telling about and we can expect violence.  Violence from Trump's retribution and, possibly, violence from people who refuse to let him: 
 
* Destroy the non-partisan FBI
* Destroy the independent DOJ
* Destroy the rule of law
* Destroy our non-partisan and independent judiciary (he will ignore the courts)
* Use the military for domestic control
* Put his political opponents in jail
* Shut down media that criticize him.

Basically the same goals he had for his first administration, but now with better execution and still no Republican party that will rein him in.

Threats of violence should not be allowed to further any domestic political goals. So I vote to keep him off the ballot and use our intact FBI, DOJ and independent judiciary to handle any domestic violence he incites.