Trump is toast.
Taken as a whole, the structure of Section 3 leads to the conclusion that Donald Trump is one of those past or present government officials who by violating his oath of allegiance to the constitutional rules has forfeited his right to present and future office. But in fact, both common sense and history demonstrate that Trump was an officer, an officer of the United States and an officer under the United States for constitutional purposes. Most people, even lawyers and constitutional scholars like me, do not distinguish between those specific phrases in ordinary discourse. The people who framed and ratified Section 3 saw no distinction. [Why 14th Amendment bars Trump from office: A constitutional law scholar explains principle behind Colorado Supreme Court ruling]His Earth hating supporters are threatening the lives of the judges but he was impeached for his attempted autogolpe so with a 2/3 vote the US Senate can affirm the impeachments and end this before it goes to the packed SCOTUS because impeachment and conviction in the Congress is political disqualification not a criminal trial. Trump is a career criminal whose actions represent a preponderance of evidence to the US Senate but since Senator Schumer is such a weak Democratic leader he’s been unable to give 17 Republicans any incentive to convict. A stronger Democratic Senate leader would go to South Dakota’s senators and threaten moving the B-21 to a base in a blue state or to a red state whose senators vote to convict.
Even if Trump survives all the political and legal challenges he’s facing and becomes the Earth haters’ nominee he can’t beat Joe if Liz Cheney gets in as an unaffiliated candidate so it should behoove the uniparty to convict him in the Senate since Nikki Haley can beat Joe without Cheney in the general election.
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