JUST THE FACTS:

Congress has already disqualified Trump from the ballot (Tristan Snell, February 8, 2024, CNN)

Those votes came in the second impeachment of Trump, in January and February of 2021, in which majorities of both the House and the Senate backed an article of impeachment against Trump for “incitement of insurrection.”

This was a finding of fact, by majorities of our elected representatives, after a full public trial in which Trump was able to mount a defense — and it should be deemed persuasive, if not conclusive, in answering the factual questions before the Supreme Court. Indeed, for the more right-wing justices, who are often fond of pontificating that courts should not make policy judgments and should instead defer to legislatures, one would think that such a clear public pronouncement from Congress on Trump’s engagement in insurrection would be a compelling precedent.


To be clear, the 14th Amendment does not actually require anyone to have voted to disqualify an insurrectionist, whether that’s a legislature or a jury. It certainly does not require a conviction, as some have tried to argue (and such bastardization of the plain language of a constitutional provision is exactly the opposite of what conservatives normally preach).

Legally, the insurrectionist is disqualified the moment he engages in insurrection.

NOT A CLOSE RUN THING:

Donald Trump Meets the Supreme Court (PETER J WALLISON, FEB 1, 2024, Peter’s Substack)

This was a constitutional democracy protecting itself—in this case from a person or persons who are so untrustworthy that their oaths were worthless.

It happens that Section 3 applies to Mr. Trump, because he took an oath to support the Constitution when he was inaugurated as President in 2017, and violated that oath by attempting to overthrow the Constitution’s electoral principles in 2021. He does not even have to be convicted of that; he has already admitted that he tried to change the electoral rules in 2021, but argues that he was only doing what he was required to do as President. It is likely that the Supreme Court will find otherwise.

For the reasons stated earlier, Mr. Trump poses a particular risk for this country, and it is fortuitous that his case falls within the terms of a constitutional amendment that Congress enacted over 150 years ago to protect the United States against unscrupulous people who would violate their oaths to attain and hold power.

In my view, considering each of these elements, the Supreme Court will uphold this constitutional restriction by disqualifying Donald Trump.

TRUMPBOTS HARDEST HIT:

Ray Epps, face of Jan. 6 conspiracies, to be sentenced (Ashley Oliver, January 06, 2024, Washington Examiner)

Ray Epps, who has been widely accused by former President Donald Trump’s supporters of secretly working on behalf of the federal government during the Jan. 6 Capitol riot, is set to be sentenced next week for his actions that day.

Epps, 62, was charged last fall with a misdemeanor for disorderly conduct in a restricted area and pleaded guilty.