Trump appeals Maine ruling barring him from ballot under the Constitutionās insurrection clause
Former President Donald Trump on Tuesday appealed a ruling by Maineās 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 āsupportā 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 āengaged 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.
Trumpās 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 āuntrustworthy evidence.ā
āThe 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 Trumpās 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.
āThis is part of the process. I have confidence in my decision and confidence in the rule of law. This is Maineās process and itās 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 courtās 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 stateās ruling to the nationās highest court.
Trumpās critics have filed dozens of lawsuits seeking to disqualify him in multiple states.
until a slim majority of Coloradoās 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 āinsurrectionā without a more established judicial process.
A week after Coloradoās 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 Maineās 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 āsupportā the Constitution and then engaged in insurrection cannot hold office unless a two-thirds vote of Congress allows it.
Trumpās lawyers argue the provision isnāt intended to apply to the president, contending that the oath for the top office in the land isnāt to āsupportā the Constitution but instead to āpreserve, protect and defendā it. They also argue that the presidency isnāt explicitly mentioned in the amendment, only any āofficer of the United Statesā ā a legal term they contend doesnāt apply to the president.
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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 āan 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.
āPresident 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 courtās majority opinion said. āBoth 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. Cawthornās 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 Floydās murder at the hands of Minneapolis police in 2020.
Trump and his allies have attacked the cases against him as āanti-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 Bidenās 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, theyāve contended, it will be another example of the former president bending the legal system to excuse his extreme behavior.
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Riccardi reported from Denver.