Page 233 - 14th Amendment News Today

Whether the court will grant cert on those additional questions and whether they will reach them if they take the case and how they ultimately resolve it. >> elliot, i mean, you reference this earlier, the former presidents attorneys are arguing the insurrectionist ban does not apply to the presidency, and he section three of the 14th amendment does not specifically mention the presidency, which is true, it says officer of the united states. the counter argument is doesnt make any sense the auth...

Reconcile that very issue about what the framers contemplated and whether it was this clause that should apply to presidents as well as other so-called officers who take the oath. i want to bring in krista kayford, a long time colorado republican, and plaintive in the case. she joins us now. krista, since the last time you are 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 ...

Were not insurrection, as that term is used in section three. insurrection, as understood at the time of the passage of the 14th amendment meant the taking up of arms and waging war upon the united states. nothing that president trump did engaged in insurrection. the colorado supreme court anticipating that argument cited attorney general henry stanburys definition of engage, at the time the 14th amendment was being debated. colorado supreme court wrote attorney general stanbury opined that a pe...

Think anybody is really disputing that former president did -- >> well, he is. he saying, i didnt engage an insurrection. >> his brief is actually funny on that point. because, he says -- he uses the example of former president trump didnt tell people to go into the capitol. but then it ignores the whole big lie that hes frightened -- washington d.c., and not telling people to go home for the three hours. so, it is an argument. but its not a very fulsome argument. and so, i find it hard, when th...

You have perhaps for the first time ever this supreme court is going to take up what exactly that language means in the 14th amendment, whether it does apply to the presidency. >> and do we know when the court will say whether its going to take the case or what a timeline for arguments and a decision could look like? >> well, we dont know why now. they havent really responded to any of this. but look, there is no necessarily any urgency for now, just by filing this appeal today, the former presi...

Court, with that case in the colorado case be combined? >> almost certainly. and anderson, keep in, mind theres been a number of states where this issue has popped up. you have had the opposite findings from courts in new hampshire, in michigan, minnesota, for instance. so these types of lawsuits on the 14th amendment have been popping up. we now have one impending in oregon. so between now and by the time the supreme court decides this issue, you know, we are going to have perhaps a number of s...

Colorado and Maine, which blocked former President Donald J. Trump from the ballot, have grappled with the intimidation and harassment of officials.

There was a five-day trial. there were 15 witnesses. there were thousands of pages of documents. there were hours of video. there was extensive argument from top lawyers on all sides. there was a great deal of process. and this idea of not having a conviction is really a red herring. over 150 years courts have on eight occasions, most of them after the civil war but one of them last year, held people disqualified under the 14th amendment. not a single one was convicted of or even charged with in...

He uses an example that former president trump didnt tell people to go into the capitol. but that ignores the whole big lie that he spread, the december 19th tweet telling people to come to washington, d.c., not telling people to go home for the three hours. so it is an argument but its not a very fulsome argument. so i find it hard when the 14th amendment section 3 is all about engaging in insurrection or rebellion for you not to get into the facts related to the very essence of that amendment....

Its 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 something -- about enforcing the constitution being anti-democratic. but what id also say to that is the voters had a chance to decide if donald trump should get another term in the white house. they chose not to give him that. and what he did after that is refuse to recognize it, ultimately resulting in a violent i...