Page 232 - 14th Amendment News Today

The appeal that they made? >> well, anderson, one of the first things that the president s lawyers take on is the idea that he is an insurrectionist, which is something that the colorado supreme court had ruled. they say he is not, that the january 6th attack was not an insurrection, and that the former president did not engage in insurrection. they also say that the congress, not state courts, should be the ones that determine the eligibility for the presidency. they also say that the 14th amen...

Challenged in 17 other states. the supreme courts 6 to 3 conservative majority is expected to take up the question of whether trump is constitutionally eligible to run for president and its decision could reshape the race. joining me now, barb mcquade, former u.s. attorney for the eastern district of michigan, and msnbc legal analyst, and author of a new book coming out next month titled, attack from within: how disinformation is sabotaging america. i cannot wait to get my hands on that. barbara...

Picking apart individual statements or lines from the president. what i think they try to do is reach some point of unimin in the or near unanimity over some of these questions over, for instance, is the president an officer of the united states? is the president -- does he take the same oath as other people, therefore is he exempt from the provisions in the 14th amendment that would apply here? because of how fraught and complicated politically sensitive this insurrection question is, and very ...

Supreme court ruling that trump engaged in insurrection on january 6th and, therefore, is barred from the state primary ballot by the 14th amendment. the colorado republican party had already appealed the decision, and because of a stay on the ruling, trumps name will appear on the ballot until the u.s. supreme court takes action. trumps lawyers argue, the 14th amendment statute does not apply to theing is allowed to stand, itll be the first time in the united states history that the judiciary p...

Woman, the question is legally whether he crossed one, in terms of whether responsible behavior. i think there are a number of people who have described that speech as condemnable, and contemptible. but that has not necessarily making it legally questionable to think thats the issue here. >> our sources that we learned in the generous 60 hearings that he knew there were guns in the crowd, people had weapons. >> correct, he often tries to leave himself some public out. and i think thats what folk...

So-called officers who take the oath. i want to bring in christa kafer who is a long-time colorado republican and actually a plaintiff in the case. she joins our conversation now too. christa. since the last time you were on the show maine also found trump ineligible. oregon might well do the same. i wonder how you are feeling today now that this is really likely to go before the supreme court. >> this is where it was always headed, i believe. this is something that the court really needs to wei...

January 6th is disqualifying for them or not? its not the age where the citizenship aspect. its something different. what about that? >> first of all, i think it is kind of rich for the person who tried to keep himself in power after losing an election, which would have disenfranchised millions and millions of voters, to somehow scream about enforcing the constitution being anti democratic. but what i would also say to that is, the voters had a chance to decide if donald trump should get another...

Works. its not up to the individual states that would cause chaos. i tend to think thats a stronger argument. i think that would give some sense of uniformity. there is ways to read the 14th amendment either way on that. the third argument that trump makes in the brief is that about even if it is up to the states like colorado, he says he was not given due process. colorado did not follow its own rules. and the hearing that he was given was insufficient. i think thats a fairly close call. and th...

Big on original textualism. and so, what was the common public understanding at that time of the 14th amendment? and there are certainly some debates at that time thats up, we want to make sure this doesnt apply just to our current situation with a civil war, but all instructions that may come in the future. its a hard question, but i dont think donald trumps brief tackles it with the seriousness it is deserving. >> lets just put some meat on those bones. when this amendment was written out and ...

Colorado, by the secretary of state there, it was a sore point for him. but his attorney christina bobb was talk about the application of the 14th amendment. this is what she told -- what she said about that. >> section 3 of the 14th amendment doesnt even apply to the president. its not self-executing. donald trump hasnt been charged with insurrection. and this is a question for the voters. the reason why it doesnt apply to the president is because the drafters of the 14th amendment realized tha...