Trump appeals Maine ruling barring him from ballot under the Constitution바카라 게임 웹사이트s insurrection clause
Former President Donald Trump on Tuesday appealed a ruling by Maine바카라 게임 웹사이트s secretary of state barring him from the state's 2024 ballot over his role in the Jan. 6, 2021, attack on the U.S. Capitol, contending she had no authority, that he incited no riot, never swore to 바카라 게임 웹사이트support바카라 게임 웹사이트 the Constitution and was not a government officer as stipulated in the constitutional amendment she cited.
Trump, whose front-running Republican candidacy could be threatened, appealed the Maine decision by Democrat Shenna Bellows, who became the first secretary of state in history to bar someone from running for the presidency under the rarely used Section 3 of the 14th Amendment. That provision prohibits those who 바카라 게임 웹사이트engaged in insurrection바카라 게임 웹사이트 from holding office.
The former president is expected to soon appeal a similar ban by the Colorado Supreme Court. That appeal would go to the U.S. Supreme Court, while Bellows' action is being appealed to a Maine Superior Court.
Trump바카라 게임 웹사이트s appeal on Tuesday asks that Bellows be required to place him on the March 5 primary ballot. The appeal argues that she abused her discretion and relied on 바카라 게임 웹사이트untrustworthy evidence.바카라 게임 웹사이트
바카라 게임 웹사이트The secretary should have recused herself due to her bias against President Trump, as demonstrated by a documented history of prior statements prejudging the issue presented,바카라 게임 웹사이트 Trump바카라 게임 웹사이트s attorneys wrote.
Bellows reiterated to The Associated Press on Tuesday that her ruling was on pause pending the outcome of the appeal, which had been expected.
바카라 게임 웹사이트This is part of the process. I have confidence in my decision and confidence in the rule of law. This is Maine바카라 게임 웹사이트s process and it바카라 게임 웹사이트s really important that first and foremost every single one of us who serves in government uphold the Constitution and the laws of the state,바카라 게임 웹사이트 she said.
Trump is expected to appeal a similar ruling by the Colorado Supreme Court directly to the U.S. Supreme Court, which has never issued a decision on Section 3. The Colorado court바카라 게임 웹사이트s 4-3 ruling that it applied to Trump was the first time in history the provision was used to bar a presidential contender from the ballot.
The Colorado Republican Party has already appealed that state바카라 게임 웹사이트s ruling to the nation바카라 게임 웹사이트s highest court.
Trump바카라 게임 웹사이트s critics have filed dozens of lawsuits seeking to disqualify him in multiple states.
until a slim majority of Colorado바카라 게임 웹사이트s seven justices 바카라 게임 웹사이트 all of whom were appointed by Democratic governors 바카라 게임 웹사이트 ruled against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an 바카라 게임 웹사이트insurrection바카라 게임 웹사이트 without a more established judicial process.
A week after Colorado바카라 게임 웹사이트s ruling, Bellows issued her own. Critics warned it was even more perilous because it could pave the way for partisan election officials to simply disqualify candidates they oppose. Bellows, a former head of Maine바카라 게임 웹사이트s branch of the American Civil Liberties Union, has previously criticized Trump and his behavior on Jan. 6.
The Constitution's Section 3 has been barely used since the years after the Civil War, when it kept defeated Confederates from returning to their former government positions. The two-sentence clause says that anyone who swore an oath to 바카라 게임 웹사이트support바카라 게임 웹사이트 the Constitution and then engaged in insurrection cannot hold office unless a two-thirds vote of Congress allows it.
Trump바카라 게임 웹사이트s lawyers argue the provision isn바카라 게임 웹사이트t intended to apply to the president, contending that the oath for the top office in the land isn바카라 게임 웹사이트t to 바카라 게임 웹사이트support바카라 게임 웹사이트 the Constitution but instead to 바카라 게임 웹사이트preserve, protect and defend바카라 게임 웹사이트 it. They also argue that the presidency isn바카라 게임 웹사이트t explicitly mentioned in the amendment, only any 바카라 게임 웹사이트officer of the United States바카라 게임 웹사이트 바카라 게임 웹사이트 a legal term they contend doesn바카라 게임 웹사이트t apply to the president.
Video below: Presidential candidate files complaint to get Trump off New Hampshire ballot
Trump made the opposite argument defending against his prosecution for falsifying business records by the Manhattan District Attorney's office, contending the case should move to federal court because the president is 바카라 게임 웹사이트an officer of the United States.바카라 게임 웹사이트 The prosecutors argued that language only applies to presidential appointees 바카라 게임 웹사이트 Trump's position in Maine.
The contention that Section 3 doesn't apply to the president drew a scathing response from the Colorado Supreme Court last month.
바카라 게임 웹사이트President Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oathbreakers from virtually every office, both state and federal, except the highest one in the land,바카라 게임 웹사이트 the court바카라 게임 웹사이트s majority opinion said. 바카라 게임 웹사이트Both results are inconsistent with the plain language and history of Section 3.바카라 게임 웹사이트
As for history, Congress granted amnesty to most former Confederates in 1872, and Section 3 fell into disuse. Legal scholars believe its only application in the 20th century was being cited by Congress in 1919 to block the seating of a socialist who opposed U.S. involvement in World War I and was elected to the House of Representatives.
But it returned to use after Jan. 6, 2021. In 2022, a judge used it to a rural New Mexico county commissioner from office after he was convicted of a misdemeanor for entering the U.S. Capitol on Jan. 6. Liberal groups sued to block Republican from running for reelection because of their roles on that day. Cawthorn바카라 게임 웹사이트s case became moot when he lost his primary in 2022, and a judge ruled to keep Greene on the ballot.
Some conservatives warn that, if Trump is removed, political groups will routinely use Section 3 against opponents in unexpected ways. They have suggested it could be used to remove Vice President Kamala Harris, for example, because she raised bail money for people arrested after George Floyd바카라 게임 웹사이트s murder at the hands of Minneapolis police in 2020.
Trump and his allies have attacked the cases against him as 바카라 게임 웹사이트anti-democratic바카라 게임 웹사이트 and sought to tie them to President Joe Biden because the Colorado case and some others are funded by liberal groups who share prominent donors with the Democratic president. But Biden바카라 게임 웹사이트s administration has noted that the president has no role in the litigation.
Those who support using the provision against Trump counter that the Jan. 6 attack was unprecedented in American history and that there will be few cases so ripe for Section 3. If the high court lets Trump stay on the ballot, they바카라 게임 웹사이트ve contended, it will be another example of the former president bending the legal system to excuse his extreme behavior.
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Riccardi reported from Denver.