Shadowy Man
Contributor
Yes. It’s going to be a hard sell and not likely to be sorted out prior for the next election.I’m not saying he didn’t do more. I’m saying that this little bit is enough to disqualify him even if he didn’t do more.Sitting on his ass in the White House doing nothing but watching TV while a mob attacked the Capitol is at the very least giving comfort to the enemy.Yep. It seems pretty damn clear to me:Seems to be a growing group of legal scholars pushing the 14 th amendment sec. 3.
"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Given that he set up and coordinated the rally that preceded the attack on the Capitol, urging them to march on it to stop the electoral count, I would say it goes beyond giving them aid and comfort. He was the one organizing the whole thing in the first place. I don't know whether the effort to get this adjudicated in a court has a chance of standing, and I really doubt that the current Supreme Court will let the Constitution be interpreted in a way that blocks Trump's candidacy. There are simply too many Trump supporters out there for politicians and judges to stand in the way of the political stampede towards the edge of the cliff.
True, but I was making the point that they'll need a much stronger case than "gave comfort" to make it look that way to the judges being asked to stick their necks out on an untested constitutional theory. Your point that he sat watching the events unfold and did nothing is better interpreted as minimally giving aid to the insurrection. The political rally beforehand, in which he urged the crowd to march on the Capitol--that was a participatory act that went beyond just giving aid. However, my guess is that SCOTUS would rule that he would have to be at least convicted of seditious conspiracy before he could be barred from taking office. Otherwise, he is entitled to a presumption of innocence.