(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . CO Supreme Court leans toward ruling that Trump engaged in an insurrection [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-12-08 Disclaimer: The legalese of this argument is not in my wheelhouse, so this post will likely be a bit shorter than previous ones. A far more thorough discussion of the specifics from Glenn Kirshner and Brian Tyler Cohen can be found in the video below. Now, allow me to put my two cents into the ring. The one thing that has often confused me about Colorado Judge Sarah B. Wallace’s interpretation of the 14th Amendment, Section 3 provision, is that it is filled with contradiction and an insane contortion of facts. The final conclusion that the President doesn’t have to support the Constitution and makes no oath to do so because he does not hold an official office simply does not pass the smell test. According to her interpretation, only oath-takers pledge to support the Constitution as a matter of law? Say what? You mean Biden could declare himself king any day now? Who knew? such a ruling opens the door for abuse by Trump types ala Project 2025 Seriously, how can we say any President doesn’t take an oath to support the Constitution that grants them the very power that they now have? How can we say he does not occupy an official office? We literally claim that a sitting President is holding office. The legal splitting of hairs and games of sophistry are alarming as they open the door for people to play loosey-goosey with the language of the Constitution and, in turn, the law—very dangerous. Legal parsing versus common sense The Constitutional reading is as follows: Fourteenth Amendment, Section 3:​ "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." In other words: Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. — FindLaw Now, this part strikes me — an executive or judicial officer. Isn’t the president the head of the executive branch? Wouldn’t that make him or her an executive officer of that branch? Also this: —shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof… Trump engaged in an insurrection, full stop. He currently sings songs with and gives aid to insurrectionists. Full stop. Not only that, the language in the Constitution is resoundingly clear when it comes to members of Congress—sitting Republicans who have engaged in an insurrection or given aid and comfort to insurrections—looking at you, Marjorie Taylor Greene and Boebert—can be run out on a rail as of right now! All this may land in Thomas and Alito’s lap After the Colorado Supreme Court ruling is handed down, the disgruntled side, i.e., the one that lost, will take the matter to the highest court in the land. Glenn Kirschner bet Brian 51 cents that, should Trump lose, the court would defer to the strictest reading of the Constitution and rule against his legal argument. IMHO, such a ruling would be a mere matter of self-protection—a dictator wouldn't need their services. The Supreme Court would be rendered powerless, which, if nothing else, messes with their money. Never, ever mess with a Supreme Court Justice and their money. Yep—this is where we are in America today, folks, where greed may save the day for once. *Sign of the Cross* Heaven help us all. [END] --- [1] Url: https://dailykos.com/stories/2023/12/8/2210572/-CO-Supreme-Court-leans-toward-ruling-that-Trump-engaged-in-an-insurrection?pm_campaign=front_page&pm_source=trending&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/