Sunday, November 19, 2023

A Crack in the Dam of Denial: Judge Says Trump "Engaged in Insurrection"

Despite ruling that Trump engaged in an insurrection a Colorado Judge stopped short of taking him off the state ballot for next year's presidential election.

In a ruling that left a prominent Harvard constitutional law expert stunned, Judge Sarah B. Wallace ruled that Section 3 of the 14th Amendment does not specifically name presidents.

Therefore, Trump can still be on the Colorado ballot for President. Not only was it an "egregious error" according to emeritus professor Laurence Tribe, but it also doesn't make sense to a layman like me.

"What accounts for this... bizarro, upside-down holding that the highest office in the land, the one of greatest power, the one whose danger to the republic is at its maximum, would somehow be exempt" from constitutional protections against insurrectionists?" Tribe asked reporters Saturday.

The idea that the section does not specifically name the president thus clearing the way for Trump is patently ridiculous. 

The section does, however, list representatives, senators, vice presidents, presidential electors and anyone holding and office, civil or military, under the United States" who previously took an oath of office.

Simply put, the office of president is of course an office under the United States and suggesting otherwise is a dangerous and stupid assertion defying the true meaning of the 14th Amendment Section 3.

Tribe brought up a good point in his argument by suggesting that if one-time US senator Jefferson Davis, who eventually led the confederacy, to later become a US president after the defeat of the confederacy would have been allowed under Judge Wallace's ruling.

The bottom line is Wallace issued a get-out-of-jail-free card for insurrection. Why? 

Perhaps she was afraid of being the first to kick Trump off of a state ballot. Just like a while back when judges seemed to hesitate on who would be the first to indict a former president of the United States.

The judge's ruling is being appealed. Meanwhile there are several other states looking at keeping Trump off of their ballots.

The best thing coming out of the judge's ruling was that she said Trump engaged in an insurrection. The genie is out now and prosecutors and judges in Trump's other trials will use this judge's words to good effect.

As it stands, the good news is the dam of denial Trump has built up has a widening crack that will result in multiple criminal convictions.

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