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Trump appeals Maine ruling barring him from ballot under the Constitutionā€™s insurrection clause

Trump appeals Maine ruling barring him from ballot under the Constitutionā€™s insurrection clause
PRESIDENT. AGAIN, MOUNTING PRESSURE ON THE U.S. SUPREME COURT TO DECIDE A FORMER PRESIDENT DONALD TRUMP, CAN APPEAR ON THE BALLOT. SOME SAY THE COURT NEEDS TO ACT SOON. I THINK THEY HAVE TO. WE CANā€™T HAVE A PATCHWORK QUILT OF DIFFERENT STATES WITH DIFFERENT REGULATIONS IN TERMS OF A FEDERAL OFFICE LIKE THIS, MAINE WANTS TO TAKE HIS NAME OFF THE BALLOT UNDER THE INSURRECTION CLAUSE, BUT ITā€™S ON HOLD PENDING LEGAL ACTION. IT COMES AFTER A SIMILAR DECISION IN COLORADO. REPUBLICANS AND THE TRUMP TEAM ARE APPEALING. CONGRESSMAN BILL KEATING SAYS ITā€™S IRONIC HIS ACTIONS AND THE ACTIONS OF THOSE PEOPLE THAT FOLLOWED WERE TO USURP THE RIGHTS OF THE VOTERS. SO TO CLAIM NOW THAT THIS IS USURPING THE RIGHT OF THE VOTERS IS VERY RICH IN IRONY. TRUMPā€™S NAME WILL APPEAR ON THE BALLOT IN MASSACHUSETTS, MASSACHUSETTS REPUBLICANS SAY THE MASS GOP BELIEVES THE DECISION ABOUT WHO TO NOMINATE AS OUR NEXT PRESIDENT SHOULD REMAIN WITH VOTERS AND NOT BE DECIDED THROUGH ADMINISTRATIVE RULINGS OR LEGAL MANEUVERINGS. DEMOCRACY DEMANDS THAT THE VOTERS BE THE ULTIMATE ARBITER ON SUITABILITY FOR OFFICE. THESE ARE PARTY EVENTS THAT THE CANDIDATES WHO GO BEFORE THE VOTERS ARE CHOSEN IN FACT, BY THE PARTY STRUCTURE IN THE STATE. SECRETARY OF STATE BILL GALVIN SAYS MASSACHUSETTS LAW IS DIFFERENT FROM MAINE. HE SAYS HERE THE PARTY GETS TO CHOOSE AND ONE OF THE CANDIDATES IS TRUMP. I THINK THEY HAVE 6 OR 7 PEOPLE THEY PLACED ON THE BALLOT. I DONā€™T HAVE THE RIGHT TO TAKE THEM OFF THE BALLOT. NOW. MASSACHUSETTS, MAINE AND COLORADO ALL SET TO HOLD PRIMARIES ON SUPER TUESDAY. THATā€™S ON MARCH 5TH. NOW, SECRETARY GALVIN SAYS THAT MEANS BALLOTS NEED TO BE PRINTED UP AND ESSENTIALLY BE READY TO GO. IN THE FIRST WEEKS OF JANUARY. MARY SO HEā€™S WONDERING WHETHER OR NOT TRUMPā€™S NA
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Trump appeals Maine ruling barring him from ballot under the Constitutionā€™s insurrection clause
Former President Donald Trump on Tuesday appealed a ruling by Maineā€™s secretary of state barring him from the state's 2024 ballot over his role in the Jan. 6, 2021, attack on the U.S. Capitol, contending she had no authority, that he incited no riot, never swore to ā€œsupportā€ the Constitution and was not a government officer as stipulated in the constitutional amendment she cited.Trump, whose front-running Republican candidacy could be threatened, appealed the Maine decision by Democrat Shenna Bellows, who became the first secretary of state in history to bar someone from running for the presidency under the rarely used Section 3 of the 14th Amendment. That provision prohibits those who ā€œengaged in insurrectionā€ from holding office.The former president is expected to soon appeal a similar ban by the Colorado Supreme Court. That appeal would go to the U.S. Supreme Court, while Bellows' action is being appealed to a Maine Superior Court.Trumpā€™s appeal on Tuesday asks that Bellows be required to place him on the March 5 primary ballot. The appeal argues that she abused her discretion and relied on ā€œuntrustworthy evidence.ā€ā€œThe secretary should have recused herself due to her bias against President Trump, as demonstrated by a documented history of prior statements prejudging the issue presented,ā€ Trumpā€™s attorneys wrote.Bellows reiterated to The Associated Press on Tuesday that her ruling was on pause pending the outcome of the appeal, which had been expected.ā€œThis is part of the process. I have confidence in my decision and confidence in the rule of law. This is Maineā€™s process and itā€™s really important that first and foremost every single one of us who serves in government uphold the Constitution and the laws of the state,ā€ she said.Trump is expected to appeal a similar ruling by the Colorado Supreme Court directly to the U.S. Supreme Court, which has never issued a decision on Section 3. The Colorado courtā€™s 4-3 ruling that it applied to Trump was the first time in history the provision was used to bar a presidential contender from the ballot.The Colorado Republican Party has already appealed that stateā€™s ruling to the nationā€™s highest court.Trumpā€™s critics have filed dozens of lawsuits seeking to disqualify him in multiple states.None succeeded until a slim majority of Coloradoā€™s seven justices ā€” all of whom were appointed by Democratic governors ā€” ruled against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an ā€œinsurrectionā€ without a more established judicial process.A week after Coloradoā€™s ruling, Bellows issued her own. Critics warned it was even more perilous because it could pave the way for partisan election officials to simply disqualify candidates they oppose. Bellows, a former head of Maineā€™s branch of the American Civil Liberties Union, has previously criticized Trump and his behavior on Jan. 6.The Constitution's Section 3 has been barely used since the years after the Civil War, when it kept defeated Confederates from returning to their former government positions. The two-sentence clause says that anyone who swore an oath to ā€œsupportā€ the Constitution and then engaged in insurrection cannot hold office unless a two-thirds vote of Congress allows it.Trumpā€™s lawyers argue the provision isnā€™t intended to apply to the president, contending that the oath for the top office in the land isnā€™t to ā€œsupportā€ the Constitution but instead to ā€œpreserve, protect and defendā€ it. They also argue that the presidency isnā€™t explicitly mentioned in the amendment, only any ā€œofficer of the United Statesā€ ā€” a legal term they contend doesnā€™t apply to the president.Video below: Presidential candidate files complaint to get Trump off New Hampshire ballotTrump made the opposite argument defending against his prosecution for falsifying business records by the Manhattan District Attorney's office, contending the case should move to federal court because the president is ā€œan officer of the United States.ā€ The prosecutors argued that language only applies to presidential appointees ā€” Trump's position in Maine.The contention that Section 3 doesn't apply to the president drew a scathing response from the Colorado Supreme Court last month.ā€œPresident Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oathbreakers from virtually every office, both state and federal, except the highest one in the land,ā€ the courtā€™s majority opinion said. ā€œBoth results are inconsistent with the plain language and history of Section 3.ā€As for history, Congress granted amnesty to most former Confederates in 1872, and Section 3 fell into disuse. Legal scholars believe its only application in the 20th century was being cited by Congress in 1919 to block the seating of a socialist who opposed U.S. involvement in World War I and was elected to the House of Representatives.But it returned to use after Jan. 6, 2021. In 2022, a judge used it to remove a rural New Mexico county commissioner from office after he was convicted of a misdemeanor for entering the U.S. Capitol on Jan. 6. Liberal groups sued to block Republican Reps. Madison Cawthorn and Marjorie Taylor Greene from running for reelection because of their roles on that day. Cawthornā€™s case became moot when he lost his primary in 2022, and a judge ruled to keep Greene on the ballot. Some conservatives warn that, if Trump is removed, political groups will routinely use Section 3 against opponents in unexpected ways. They have suggested it could be used to remove Vice President Kamala Harris, for example, because she raised bail money for people arrested after George Floydā€™s murder at the hands of Minneapolis police in 2020. Trump and his allies have attacked the cases against him as ā€œanti-democraticā€ and sought to tie them to President Joe Biden because the Colorado case and some others are funded by liberal groups who share prominent donors with the Democratic president. But Bidenā€™s administration has noted that the president has no role in the litigation.Those who support using the provision against Trump counter that the Jan. 6 attack was unprecedented in American history and that there will be few cases so ripe for Section 3. If the high court lets Trump stay on the ballot, theyā€™ve contended, it will be another example of the former president bending the legal system to excuse his extreme behavior.___Riccardi reported from Denver.

Former President Donald Trump on Tuesday appealed a ruling by Maineā€™s secretary of state barring him from the state's 2024 ballot over his role in the Jan. 6, 2021, attack on the U.S. Capitol, contending she had no authority, that he incited no riot, never swore to ā€œsupportā€ the Constitution and was not a government officer as stipulated in the constitutional amendment she cited.

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Trump, whose front-running Republican candidacy could be threatened, appealed the Maine decision by Democrat Shenna Bellows, who became the first secretary of state in history to bar someone from running for the presidency under the rarely used Section 3 of the 14th Amendment. That provision prohibits those who ā€œengaged in insurrectionā€ from holding office.

The former president is expected to soon appeal a similar ban by the Colorado Supreme Court. That appeal would go to the U.S. Supreme Court, while Bellows' action is being appealed to a Maine Superior Court.

Trumpā€™s appeal on Tuesday asks that Bellows be required to place him on the March 5 primary ballot. The appeal argues that she abused her discretion and relied on ā€œuntrustworthy evidence.ā€

ā€œThe secretary should have recused herself due to her bias against President Trump, as demonstrated by a documented history of prior statements prejudging the issue presented,ā€ Trumpā€™s attorneys wrote.

Bellows reiterated to The Associated Press on Tuesday that her ruling was on pause pending the outcome of the appeal, which had been expected.

ā€œThis is part of the process. I have confidence in my decision and confidence in the rule of law. This is Maineā€™s process and itā€™s really important that first and foremost every single one of us who serves in government uphold the Constitution and the laws of the state,ā€ she said.

Trump is expected to appeal a similar ruling by the Colorado Supreme Court directly to the U.S. Supreme Court, which has never issued a decision on Section 3. The Colorado courtā€™s 4-3 ruling that it applied to Trump was the first time in history the provision was used to bar a presidential contender from the ballot.

The Colorado Republican Party has already appealed that stateā€™s ruling to the nationā€™s highest court.

Trumpā€™s critics have filed dozens of lawsuits seeking to disqualify him in multiple states.

until a slim majority of Coloradoā€™s seven justices ā€” all of whom were appointed by Democratic governors ā€” ruled against Trump. Critics warned that it was an overreach and that the court could not simply declare that the Jan. 6 attack was an ā€œinsurrectionā€ without a more established judicial process.

A week after Coloradoā€™s ruling, Bellows issued her own. Critics warned it was even more perilous because it could pave the way for partisan election officials to simply disqualify candidates they oppose. Bellows, a former head of Maineā€™s branch of the American Civil Liberties Union, has previously criticized Trump and his behavior on Jan. 6.

The Constitution's Section 3 has been barely used since the years after the Civil War, when it kept defeated Confederates from returning to their former government positions. The two-sentence clause says that anyone who swore an oath to ā€œsupportā€ the Constitution and then engaged in insurrection cannot hold office unless a two-thirds vote of Congress allows it.

Trumpā€™s lawyers argue the provision isnā€™t intended to apply to the president, contending that the oath for the top office in the land isnā€™t to ā€œsupportā€ the Constitution but instead to ā€œpreserve, protect and defendā€ it. They also argue that the presidency isnā€™t explicitly mentioned in the amendment, only any ā€œofficer of the United Statesā€ ā€” a legal term they contend doesnā€™t apply to the president.

Video below: Presidential candidate files complaint to get Trump off New Hampshire ballot

Trump made the opposite argument defending against his prosecution for falsifying business records by the Manhattan District Attorney's office, contending the case should move to federal court because the president is ā€œan officer of the United States.ā€ The prosecutors argued that language only applies to presidential appointees ā€” Trump's position in Maine.

The contention that Section 3 doesn't apply to the president drew a scathing response from the Colorado Supreme Court last month.

ā€œPresident Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oathbreakers from virtually every office, both state and federal, except the highest one in the land,ā€ the courtā€™s majority opinion said. ā€œBoth results are inconsistent with the plain language and history of Section 3.ā€

As for history, Congress granted amnesty to most former Confederates in 1872, and Section 3 fell into disuse. Legal scholars believe its only application in the 20th century was being cited by Congress in 1919 to block the seating of a socialist who opposed U.S. involvement in World War I and was elected to the House of Representatives.

But it returned to use after Jan. 6, 2021. In 2022, a judge used it to a rural New Mexico county commissioner from office after he was convicted of a misdemeanor for entering the U.S. Capitol on Jan. 6. Liberal groups sued to block Republican from running for reelection because of their roles on that day. Cawthornā€™s case became moot when he lost his primary in 2022, and a judge ruled to keep Greene on the ballot.

Some conservatives warn that, if Trump is removed, political groups will routinely use Section 3 against opponents in unexpected ways. They have suggested it could be used to remove Vice President Kamala Harris, for example, because she raised bail money for people arrested after George Floydā€™s murder at the hands of Minneapolis police in 2020.

Trump and his allies have attacked the cases against him as ā€œanti-democraticā€ and sought to tie them to President Joe Biden because the Colorado case and some others are funded by liberal groups who share prominent donors with the Democratic president. But Bidenā€™s administration has noted that the president has no role in the litigation.

Those who support using the provision against Trump counter that the Jan. 6 attack was unprecedented in American history and that there will be few cases so ripe for Section 3. If the high court lets Trump stay on the ballot, theyā€™ve contended, it will be another example of the former president bending the legal system to excuse his extreme behavior.

___

Riccardi reported from Denver.