The Constitution and Mr. Trump

The man may be an insurrectionist
but Americans should be able to choose him anyway!

(DISCLAIMER: Blaska is not a lawyer but enjoyed his undergraduate constitutional and press law classes and has been a principal in a number of legal actions, not all of them criminal.)

A smattering of Republicans in Colorado — brother RINOs, no doubt — threw a Hail Mary called the 14th Amendment at Donald Trump in a desperate attempt to prevent him from re-electing Joe Biden a second time.

Enacted after the Civil War, #14 was meant to exclude from serving as “officers of the United States” the insurrectionists who violated their oaths of allegiance by taking up arms against the Constitution. 

The judge in Colorado ruled that the President is not an “officer of the United States” and thus, immune. It’s a skin-of-the-teeth decision stamped “APPEAL BAIT” but this dues-paying RINO hopes her decision is upheld for the sake of the nation and the catastrophic damage insurance industry.

In any event, Donald Trump was never going to get Colorado’s electoral college votes.

Trumpers, already paranoid after two failed impeachments, are convinced that the Deep State is out to get their man (with some reason on the first part and some justification on the second part). Consider that the two New York cases against Trump were brought by Democrats; the absurd New York porn star hush-money case and the apparently victimless business fraud. In the much more serious, 19-defendant Georgia election case, D.A. Fani Willis was elected as a Democrat. In the two federal cases — the Mar-a-Lago documents case and the January 6 escapade, special counsel Jack Smith works for Joe Biden’s appointed attorney general. 

MAGA world is already seeing ghost buses in the sky. A judicial fiat striking down the Trump restoration would spark a for-sure insurrection that would look more like Fort Sumter than bullhorns and horned shamans. Even this never-again Trump RINO acknowledges these truths to be darn-near self-evident:

A jury in any of the other cases may yet convict the man, but even conviction would not — it seems — prevent Donald Trump from reclaiming the White House. The Constitution specifies age and natural born citizenship; also got to live here 14 years. It says nothing about unpaid parking fines or, for that matter, murdering that guy on Fifth Avenue. Only conviction upon impeachment removes a President. 

Then again, Adams, Jefferson, and Franklin never envisioned Donald Trump!

Blaska’s Bottom Line: Speaking of juries — is there a better jury than the voters of the 50 states (and DC)? We say that despite the polls. We trust the people, stupid though they often be.

Who but the people should decide?