Kevin Tracy
From the Desk of
Kevin Tracy

2023-08-11

Trump NOT Constitutionally Ineligible to Run... Yet

Law Professors William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, both members of the Federalist Society, wrote a 126-page report claiming Donald Trump is ineligible to run for President because he is guilty of insurrection and the 14th Amendment bans him from holding office in the future unless they have the support of a two-thirds majority in BOTH houses of Congress.

First of all, these are law professors. As the saying goes, "Those who cannot do teach."

I can't be bothered to read the full report, but based on Newsweek's coverage of the massive report and the coverage of other news outlets on the story, there's one glaring flaw in the argument.

Former President Trump has yet to be found guilty insurrection and, without due process, Trump is still eligible to run for President and should be presumed innocent under the law.

I'm no fan of Donald Trump. That should be very, very clear. And from the evidence we've all heard about in the news for the past few months, the Federal charges against Trump are extremely serious if the allegations are true. However, until he is found guilty of anything, the charges alone should not make him ineligible to run. While I personally wish Donald Trump would stand down, we all know, for better or worse, the man is a fighter. That's why so many Republicans (but not a majority of Republicans) want him to be their candidate.

Now, if Trump is found guilty of trying to overturn the election of Joe Biden, we will need to have a different conversation. Several in fact.

Is our democratic Republic safe in a post-Christian society?

Is it really THAT easy for a sitting President to overturn the election? Just get a Vice President that's on board with it?

What responsibility does the US military have if a sitting President rejects his electoral loss but there are legitimate claims of voter fraud, or at least VERY SUSPICIOUS circumstances surrounding the elections?

Has our Judicial system been weaponized by politicians (and the wealthy)?

Should Section 3 of the 14th Amendment be repealed?

The fact that we're even talking about asking these questions is a pretty damning omen for the future of American politics. Yet, our leaders on both sides of the political divide seem totally oblivious to it.

Thinking This Is Fine while the world around you burns.

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