Disqualifying trump

As we bear witness to the growing indictments surrounding donald trump, as we enter into a historic moment where every alleged crime in trump's name and on trump's orders all build into the Trial of the (21st) Century, there are serious questions about how far the consequences should apply to trump should he be found guilty on even one felony out of the 91 (so far) he's facing.

The implications of a guilty verdict are staggering: Not only because we've never had in American history any former President convicted like that in a court of law, but also because trump is frantically campaigning for another term as President to use that office to avoid any conviction or jail time.

It's been discussed elsewhere, and mentioned a few times at this blog, that trump could be blocked from his Presidential campaign, to avoid the risk of a convicted candidate somehow winning the Electoral College votes. There's a provision in the 14th 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...

Considering the charges trump faces regarding his - and his allies' - efforts before and during the January 6th Insurrection, there is hope that a conviction on any of those charges will trigger that clause and bar trump from any office no matter how much he screams "unfair".

There are now arguments - from respected legal and constitutional scholars - that we don't even need a conviction to bar trump from the Presidency (and his last remaining refuge from justice). Just on the evidence alone trump's conduct merits the disqualification, according to J. Michael Luttig - former federal judge from the 4th Circuit U.S. Court of Appeals - and Laurence H. Tribe - Emeritus professor of constitutional law at Harvard - over at The Atlantic (paywalled):

The historically unprecedented federal and state indictments of former President Donald Trump have prompted many to ask whether his conviction pursuant to any or all of these indictments would be either necessary or sufficient to deny him the office of the presidency in 2024.

Having thought long and deeply about the text, history, and purpose of the Fourteenth Amendment’s disqualification clause for much of our professional careers, both of us concluded some years ago that, in fact, a conviction would be beside the point. The disqualification clause operates independently of any such criminal proceedings and, indeed, also independently of impeachment proceedings and of congressional legislation. The clause was designed to operate directly and immediately upon those who betray their oaths to the Constitution, whether by taking up arms to overturn our government or by waging war on our government by attempting to overturn a presidential election through a bloodless coup.

The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again. The most pressing constitutional question facing our country at this moment, then, is whether we will abide by this clear command of the Fourteenth Amendment’s disqualification clause...

And by "we," Luttig and Tribe are asking the federal officers currently upholding the Constitution - the judges, the prosecutors, the elected officials - as well as the public at large to make the call.

Someone, somewhere in the chain of command between the Justice Department or the Judiciary branch of government is going to have to step up and enforce that clause.

Someone among the ranks of Republican candidates for 2024, any of trump's challengers for those primaries, needs to consider filing a legal ruling to have the GOP remove trump's name from consideration due to that amendment. Someone among the ranks of the Republican party leadership itself - elected officials in Congress, party administrators, financial backers, anybody - has to make the hard decision here.

It can't be a Democrat making this move: Too many people - even fellow Democrats - would consider it too much a partisan ploy.

Thing is, whoever steps up to do this is also stepping up to take the hit when trump's rabid voting base goes on the warpath. We are talking about cultish MAGA followers who believe every trumpian lie, buy every trumpian grift, and revel in every trumpian call to violence. There's already been a trump supporter in Texas put in jail this week for issuing death threats against the judge overseeing trump's January 6th indictments. 

trump himself is still - even after multiple warnings from different judges about his public statements threatening juries and prosecutors as well as themselves - posting social media rants designed to keep his MAGA believers riled up and ready to rise up.

Anybody actively stopping trump from regaining the Oval Office - even using a lawful method - will see a bloodthirsty rampage against them.

trump may be courting potential contempt charges and detainment if he keeps doing this, but in all respect this is one of the few means left at his disposal to avoid all accountability. I wrote before that trump's political "career" - such as it is - is the last con game he's got left. There is nothing else past this that will refill his coffers to pay off his (growing) debts. trump needs to re-enter the White House and receive that OLC protection from criminal liability to save his own ass.

And we all know what will happen if trump does regain the Presidency. he dare not leave that office again. he and his Far Right allies will shred whatever's left of the Constitution under whichever excuse he can wield to ensure he stays in there - grifting and stealing millions more, and inflicting pain upon the people he hates from immigrants to political rivals - until he dies.

Should we dare risk the possibility that trump somehow wins - by hook or by crook, but knowing trump's previous actions in 2016 and 2020 it will definitely be by crook - in November 2024?

Or should we risk the trigger of open civil war with the Far Right population - already eager to fulfill their Turner Diaries fantasies - by stopping trump from campaigning for an office he's already debased and threatens to abuse again? We run the risk of that violence if trump fairly loses the next election, on a far greater scale than the violence they unleashed on January 6th.

There is even the risk that trump and his lawyers can force delays on all of the criminal trials he's facing to where he won't see a conviction before Election Day, leaving open the possibility of his gaslighting enough voters into supporting him even as his legal troubles are so serious he does not deserve that support.

Whoever is in a legal position to do so must refer to the 14th Amendment and prevent trump from a Presidency he does not deserve, and hold him accountable for the oath of office he clearly violated. This is too serious a matter to "leave to the voters," as we've seen time and again the power of the vote twisted or undone to allow the likes of trump to avoid any semblance of justice and accountability.

That may not happen, alas. The political will to make such a move is not hearty enough. It may take a jury convicting trump - either on the documents case in Mar-A-Lago, either on the Insurrection case in DC, in any pending federal indictments trump has yet to face - for one of the judges or prosecutors to push for the 14th Amendment to apply.

We best pray for speedy trials. I've been asking for the time between Thanksgiving and Christmas of this year, but it's looking like January through May in 2024 for now.

Let justice be done. trump deserves disqualification from office. Our nation needs to hurry on ensuring that.