Section 3

Five facts about the indictments.

  1. Biden didn’t indict Trump, four different grand juries did.  “The reason we HAVE grand juries is to make sure no one gets indicted out of a personal vendetta.”
  2. This isn’t about “free speech,” it’s about what he did.
  3. It doesn’t matter whether Trump believed the election was stolen.
  4. Trump has been given deference most other criminal defendants never would.
  5. It’s not political: Trump was in legal trouble long before politics.

See if you agree.

Separate from his potential criminal liability, to be decided by juries, there’s Section 3 of the Fourteenth Amendment.  Is he Constitutionally disqualified serving a second term, regardless?

Two conservative law professors active in the Federalist Society argue that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office.

The Federalist Society is no friend of the Democrats, as you know.  Yet these guys deeply researched the question and reached  four firm conclusions:

First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation.

Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications.

Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment.

Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.”

It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.

Here are the twists and turns of what needs to happen to get this decided by the Supreme Court — pronto. 

There’s no time to lose.

BONUS

The 10 Best Investing Books of All Time — allegedly.