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Lou Bricano <lb@cap.con> wrote in news:OmADM.97462$O8ab.15935@fx40.iad:

I'll be sucking dicks at the Jolly Kone tonight.

Democrats who have pushed the 14th Amendment theory in regard to Donald
Trump becoming president again in 2024 have bet on a "Hail Mary pass" that won't work, according to Jonathan Turley, a law professor at George
Washington University.

The 14th Amendment argument is made by law professors William Baude and
Michael Stokes Paulsen from the University of Chicago and the University
of St. Thomas respectively in a 126-page report. The two legal experts
argue Trump's attempts to overturn the 2020 presidential election on
January 6, 2021, amount to insurrection, thus making it unconstitutional
for him to run for the White House again under the 14th Amendment, unless
he receives permission from two-thirds of both the Senate and the House of Representatives.

In their report Baude and Paulsen, who are members of the Federalist
Society, a conservative-leaning group that advocates for the importance of "individual liberty, traditional values, and the rule of law" within the
legal system, claim section three of the 14th Amendment "disqualified
former President Donald Trump [from office], and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election."

Trump is currently the front runner for the 2024 Republican presidential nomination, with polling giving him a strong lead over his closest rival, Florida Governor Ron DeSantis. However, the former president is facing a
range of indictments and criminal charges, including claims he broke the
law while trying to remain in office despite losing the 2020 election,
which he strongly denies. Trump continues to insist the 2020 election was rigged, despite his claims of widespread voter fraud being dismissed in multiple courts and by independent legal experts.

In a column in The Hill on Saturday, Turley wrote, "Democrats have long
pushed this theory about the 14th Amendment as a way of disqualifying not
only Trump but also dozens of Republican members of Congress. From some,
it is the ultimate Hail Mary pass if four indictments, roughly 100
criminal charges and more than a dozen opposing candidates fail to get the
job done."

Turley continued in his column: "I simply fail to see how the text,
history or purpose of the 14th Amendment even remotely favors this view. Despite the extensive research of Baude and Paulsen, their analysis ends
where it began: Was January 6 an insurrection or rebellion?"

Turley added that "sulking in the Oval Office does not make Trump a seditionist."

"Indeed, despite formal articles of the second impeachment and years of
experts insisting that Trump was guilty of incitement and insurrection,
Special Counsel Jack Smith notably did not charge him with any such crime.
The reason is obvious. The evidence and constitutional standards would not
have supported a charge of incitement or insurrection," the law professor wrote.

In addition, Palm Beach County State Attorney Dave Aronberg told Newsweek
on Saturday that the former president "has not been charged with
insurrection or seditious conspiracy, so I don't think the 14th Amendment
will be used to keep him out of office. It will be up to the voters to do that."

Meanwhile, Robert Reich, Chancellor's Professor of Public Policy at the University of California, Berkeley said in an X, formerly known as
Twitter, post earlier this week that the 14th Amendment does disqualify
Trump from running for office because the Constitution sets the bar for
what disqualifies someone from being president. Reich continued to list
that candidates must also be at least 35 years old, be a natural born U.S. citizen and not have engaged in an insurrection.

Laurence Tribe, professor emeritus of constitutional law at Harvard
University, also shared similar views as Reich on Wednesday by writing on
X that he has reached his conclusion, "based in my case on decades of
study of the 14th Amendment's Disqualification Clause and its application
to events that the Jan 6 special committee unearthed coupled with
indisputable matters of public record."

https://www.msn.com/en-us/news/politics/democrats-ultimate-hail-mary- against-trump-won-t-work-legal-analyst/ar-AA1fuLAz

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