Criminal defendant Donald Trump’s attorneys have claimed that the Constitution’s insurrection clause does not apply to a president or someone running for president.
The 14th Amendment
Section Three of the 14th Amendment bars anyone from holding office if they took an oath before going on to either partake in an insurrection or aid insurrectionists. A filing by Trump’s lawyers said: “Section Three of the Fourteenth Amendment does not prohibit someone from running for office – it prohibits someone from holding office and, even then, only if Congress chooses not to lift the prohibition.”
A CREW Lawsuit
The aforementioned filing was made in response to motions and court orders in an ongoing case in Colorado, a case aiming to bar the former president from appearing on the 2024 ballot. The lawsuit was filed by Citizens for Responsibility and Ethics in Washington (CREW).
The Jan 6th Capitol Attack
The aforementioned case is similar to many efforts from across the United States. Such cases argue that Trump’s actions before and during the Jan 6th Capitol attack should ban him from holding office under the 14th Amendment. The difference in Colorado is that it was the first of any real potential consequence.
Trump’s First Amendment Rights
Trump has claimed that such efforts are a violation of his First Amendment rights. In a motion filed in Denver District Court, his legal team argued that the former president isn’t being sued because he engaged in a “purported insurrection” – they said he’s being punished because of his use of free speech.
Marred by Fraud
The Trump motion said: “Petitioners want to punish President Trump for speaking about his belief that the 2020 election was marred by fraud and by Democrats’ manipulation of the process to stack the deck against him. It is his right to make those claims – even if he is wrong. Petitioners cannot be permitted to strip him of his right to challenge their anti-free speech and anti-civil liberties lawsuit through an anti-SLAPP motion merely based on their preferred choice of procedure, especially when no procedural conflict exists.”
Preserve, Protect, and Defend
In the latest motion, Trump’s legal team said: “The presidential oath, which the framers of the Fourteenth Amendment surely knew, requires the president to swear to ‘preserve, protect, and defend’ the Constitution – not ‘to support’ the Constitution.”
A Weak Argument
The motion continued: “Both oaths put a weighty burden on an oath-taker. However, because the framers chose to define the group of people subject to Section Three by an oath to ‘support’ the Constitution of the United States, and not by an oath to ‘preserve, protect, and defend’ the Constitution, the framers of the Fourteenth Amendment never intended for it to apply to the president.”
Expanding the Language of Section Three
The motion concluded: “If they wanted to include the president in the reach of Section Three, they could have done so by expanding the language of which type of oath would bring an ‘officer’ under the strictures of Section Three. They did not do so and no number of semantical arguments will change this simple fact. As such, Section Three does not apply to President Trump.”
The Internet’s Response
News of the legal team’s argument was shared across the internet and people flocked to comment sections to give their views. For the most part, people mocked it and argued that Trump was grasping at straws.
A Superior Being
One social media commenter said: “Traitor Trump is rapidly deteriorating. He feels rules, laws, norms, morals, and our Constitution don’t apply to him. He sees himself as some sort of superior being above us mere mortals. All symptoms of mental disintegration.”
Guilty but Above the Law
Others pointed out that the latest argument essentially admits Trump’s guilt: “So, Trump admits he really is guilty of leading an insurrection. However, because he was president, the law does not apply to him. Guilty but above the law.”
Donald Trump’s Cult
Plenty of people said they didn’t understand how the criminal defendant still has support. “I don’t understand how someone this insane still has support. It certainly doesn’t say much for the intelligence of his cult,” one commenter wrote.
Another Delay Tactic
Another person said: “I actually agree with the part about not prohibiting him from running. On the other hand, I certainly agree with the part about him not holding office. The Fourteenth Amendment doesn’t distinguish any person or office and the guarantee of a divided Congress will never lift the prohibition. Another delay tactic.”
Rewriting the Constitution
Others wondered if the former president was just making things up as he went along: “Did Trump just make that up like everything else? Or maybe he’s so ignorant that he thinks he can rewrite the Constitution to fit his own narrative.”
Trump Should Reread the Constitution
Another commenter wrote: “So Trump declares that, as president, he can commit insurrection? Give him a copy of the U.S. Constitution, the one he swore to defend, so that he can read and reread it in prison.”
A Childish Argument
Plenty of people compared Trump to a child. One such individual said: “This sounds like my son’s argument when he was 10 when I punished him for throwing knives into the wall to see if they stuck. He said, ‘You said not to play with knives. You didn’t say not to throw the knives.’”
An Insane Argument
Another person wrote: “In other words, the next president can have his supporters storm the Capitol and execute whoever stands in his way of holding office and he is free to harm as many of his fellow Americans as he pleases. This is an insane argument! Absolutely insane!”
A MAGA Response
Trump’s fans left some bizarre responses. “The 14th Amendment doesn’t prevent you from running for office. It prevents you from holding office,” one wrote. “It’s a disqualification for holding office. If one cannot hold office, there’s no reason to run,” another individual hit back.
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