Sunday, December 10, 2023

Why California courts should weigh in on Trump’s qualifications

Contrary to how some have misrepresented the letter my colleagues and I sent to California Attorney General Rob Bonta, we are not asking to “unilaterally strike (Donald) Trump’s name” from the ballot.

We instead ask the public official with the legal standing to quickly ask the courts to rule on the very serious question of Trump’s ballot appearance, because of the plain language – as well as the historical and legal precedence – of Section Three of the Fourteenth Amendment to the US Constitution, to which Trump, my colleagues and I have sworn allegiance.

The US Constitution is clear: No person who took an oath to support it and participated in the uprising shall ever hold public office again.

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At least eight former public officials in US history, including a New Mexico State Commissioner in 2022, have been disqualified from the ballot based on Section Three of the Fourteenth Amendment to the US Constitution.

Disqualification does not require conviction because the 14th Amendment sets forth a clear qualification for holding public office: that the former sworn public officer has not engaged in insurrection or rebellion against our country.

All Americans witnessed Trump ordering an army of his supporters to the US Capitol, as well as his inaction to stop the insurrection, on January 6, 2021.

I would like to see the Supreme Court of the United States issue an opinion on the question of Trump’s eligibility, but the damaging effects of doing so late next year well into the election require that there be one a person of standing who rushes into the question.

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Trump continues to spread the lie that the 2020 election was rigged and stolen from him, despite more than 60 court cases debunking his false claims.

Many Republican Party voters believe Trump’s lies because they believe our institutions: They believe that if Trump had indeed committed insurrection, or sedition, or treason, against our country that he, like everyone else, should have been held accountable for a long time.

Unfortunately in this case, our justice system is slow, but the California Attorney General has the power to speed it up.

It is long past time for the judicial system to show its teeth and protect our great Republic from the local enemy within.

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If the courts decide to remove Trump from the ballot, as they should, it will be because of the fact that we all witnessed his uprising on January 6, 2021, and their action in doing so should inspire confidence in our United States Constitution and the Rule of Law.

Nation World News Desk
Nation World News Desk
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