TFG is arguing that the 14th Amendment only bars someone from holding office, not running for office

[LetMyPeopleVote]

TFG's attorneys is correct on this. Section 3 of the 14th Amendment disqualifies someone from holding the office. That is why TFG being on a primary ballot is not the controlling issue. I agree with Babara McQuade that this is a strange argument that may allow the SCOTUS to delay ruling on this issue

Link to tweet

https://www.rawstory.com/trump-supreme-court-2666869724/

Reacting to a filing Donald Trump's lawyers made to the Supreme Court this week to keep him on the ballot on Colorado after an adverse ruling, former U.S. Attorney Barbara McQuade laughed at their wording that seems to open the door to their client being able to run for office but not serve if he wins......

"One he led with that is interesting to me is that the 14th Amendment only bars someone from holding office, not running for office," she continued. "Therefore, he should be permitted to run, be elected, and only on January 20th of 2025, should it be said, 'Sorry, folks, he can't serve.'"

Laughing she added, "You know, that sounds like a textualist argument, and maybe the court bites on it, but imagine the absurdity? He can't serve, so his vice president is the president of the United States. Maybe that's how we'll see the court play out."

[bucolic_frolic]

1. Post Civil War

and I think this is what I read, the VP of CSA was elected Senator from SC and was prevented from holding office.

[marble falls]

2. Either way works for me. He'd blunt any third party challenge. Just so long as Joe Biden stays in office and we give ...

... him a Congress that is up to snuff.

[tanyev]

3. Running for office has been very profitable for him.

[rurallib]

8. Ain't that the truth

[Rhiannon12866]

41. That was his original reason for running, all his startup businesses failed, so he was after "campaign contributions"

And the result turned out to be more personally profitable than his wildest dreams...

[getagrip_already]

4. problem with that argument....

Is that just about every state has a provision that only bonafide candidates can appear on the ballot.

If scotus in essence rules he is ineligible to serve, no SOS could reasobly certify him to appear on the state ballot.

That's not to say a ken paxton would care, but all it takes is a few, or even one in a critical state.

It's a rediculous argument. And could you imagine his choice of running mate who would become potus and basically seize power on day 1 and possibly install him anyway?

[LetMyPeopleVote]

5. This is a very stupid argument by the TFG attorneys

This filing is really poorly done. On Morning Joe, George Conway called out the TFG legal team as not knowing what they are doing.

Link to tweet

[SWBTATTReg]

32. Curious about an issue that I heard that tRUMP was going to write in ballots if he's prevented from being on a ballot,

but if a ballot, whether by him or by the state authorities, he's unable to do anything anyways, since he's not legal to be on a state's ballot (and anything else that purports to be a ballot, whether manufactured or wrote in).

[getagrip_already]

34. In CO, the court ruled that write-ins could'nt be counted....

So that wouldn't work there. Don't know about other states.

The party was talking about switching the primary to a caucus, which doesn't have a ballot, as a way around the primary restriction.

But scotus will likely rule one way or another in time for primary season.

[SWBTATTReg]

35. Thanks.

[Augiedog]

6. He is disenfranchising anyone that votes for him. A vote may only be cast for a valid candidate....which he is not.

[stumpysbear]

7. Came here to say just this.

[C_U_L8R]

9. So teens and foreigners could run but not serve too

Heck of a fundraising scheme.

[usonian]

10. Are Dewey, Cheatem and. Howe still his attorneys?

[Emile]

11. If that is what his lawyers came up with as a defense

he is fucking screwed. LOL

[GreenWave]

15. It seems so grade schoolish.

What an embarrassment.

[Ocelot II]

12. Well, that's just weapons-grade stupid.

Is TFG running for an office he can't hold? Would anybody do that? What happens if they win - do they just step down and walk away? Is TFG's backup plan to run, get elected, step down, and his patsy vp candidate becomes president and names him vice president - then the patsy resigns and TFG, who wasn't eligible to run, becomes president?

[bluesbassman]

13. They anticipate a civil war if he wins and is denied being sworn in.

It’s all about (in order) The grift, division, chaos. Nowhere in their plans and schemes is any thought given to the good of the Country or any of it’s citizens.

[3825-87867]

17. BUT! What if...

someone under the age of 35 (the only real item in question - citizenship or length in country are indisputable ) wins and meets the other two qualifications but is only 33? Can he or she become pres when they turn 35 since they got the votes? And will there be a babysitter pres until then? And who will that be?

Can't be the VP since the pres has to be sworn in first. We'll wait!

Things to keep you awake at night!

[3825-87867]

14. Legally, according to the 14th,

ANYONE can run for president but can only hold office if they met the qualifications. And that means, Putin can actually run for president of the U.S. (can't serve, but CAN run).

Let that scenario sink in!

My money's on Taylor Swift.

[ecstatic]

30. If true, then Congress needs to work on updating that immediately

Elections cost money. It would be a huge waste of taxpayer dollars to hold elections with candidates who are not eligible.

[getagrip_already]

36. States have laws prohibiting that...

They won't let someone on the ballot who can't be certified as eligible.

Your dog could be elected mayor, but can't run for president.

[Hermit-The-Prog]

16. Is it too late to put my dog on the ballot?

[3825-87867]

18. Sadly, Yes!

If he's an Irish Setter or German Shepard or...well.

[Hermit-The-Prog]

20. Damnit! He'd work for treats. And is smarter than traitortrump.

[3825-87867]

22. Got my vote.

Just don't smack him with rolled up copy of Forbes (or Dog World) magazine!

[Mad_Machine76]

19. Why

Would somebody run for an office they can’t hold? Make it make sense.

[3825-87867]

21. Publicity, notoriety

just plain meanness,

But to boast to his ilk, "I did that!"

[moondust]

23. Compulsive attention hound

Last edited Thu Jan 4, 2024, 04:18 PM - Edit history (1)

will do anything to get attention. TFG has spent much of his empty life and half-billion inheritance trying to get attention. Tabloid media were happy to symbiotically use him to gain attention for themselves as they made him a household name.

[leftyladyfrommo]

24. Trump is getting ridiculous and exhausting.

His team must sit around nights doing cocaine and thinking up the next stupid move. It's every day now. He's getting really boring.

[Shrek]

25. Why would the 14th amendment even apply to a primary or general election?

Seems to me that only the tabulation and certification of the Electoral College vote would be affected.

[ExWhoDoesntCare]

43. LOL Wut?

The Electoral College doesn't vote out of thin air. Each party has a slate equal to the number of electors granted to the state, and which slate votes as part of the Electoral College depends on which party won the popular vote.

So the vote itself *does* matter, and if someone isn't on the ballot for a party, then it's unlikely the candidate will win the popular vote. If a party's candidate doesn't win the popular vote for the state, then his party's electors don't get to vote.

Really.

[Shrek]

45. Only because the states have decided to do it that way

They could decide tomorrow to use some other method of choosing their electors.

The only federal election for President is the one conducted by the Electoral College. I don't see how the 14th amendment could be pre-emptively applied to 50 separate state elections.

A hypothetical: suppose some state decided to allow its Governor to choose the Electors. How could the 14th amendment be invoked until any of their votes for Trump are ratified by the Electoral College?

[Patterson]

26. Wouldn't running for office if you can't serve be a waste of time?

[Iwasthere]

31. That waste of time would genetate a ton of cash for him...

Which is his real goal. He also thinks maybe he could muck it all up in the meantime, while courts are all stalled

[claudette]

27. So he runs

for office. But what if he wins then he cannot HOLD that office. What a stupid argument

[getagrip_already]

37. His plan, if you can call it one....

Is that his vp is sworn in. Pardons him, and brings him in as an outside consulting dictator.

That way he wouldn't need to be sworn in, and certainly wouldn't be serving anyone or performing any official duties.

He'd just kind of sort of unofficially be killing enemies and seizing assetts.

[claudette]

38. That's scary

[ecstatic]

28. And he will tell his millions of followers to come to DC to DEMAND that he be seated

only this time, every elected official will actually be killed. And of course, tfg might even have immunity. The supreme court, if they bite this bullshit, will be enabling another violent insurrection.

[ExWhoDoesntCare]

44. Unlike the traitor thug

Biden will *NOT* leave the Capitol undefended. So if the traitor party tries to breach the Capitol again, those scumbags will get a fast lesson in how well the National Guard can show them how real Americans deal with fascist traitors.

[louis-t]

29. I do believe if SCOTUS grants him immunity

his attorneys will try to put a weasel clause to keep that immunity from Joe Biden. Count on it.

[GreenWave]

33. Wekk then he is not running for office. He is waddling.

[Baitball Blogger]

39. It's obvious he's expecting his minions to go apeshit if he wins an election and will use

the energy of his anger to take office.

[Deuxcents]

40. Diabolical minds believe the end justifies the means

[Voltaire2]

42. But his birf surtificut.

Remember the good old days when they wanted Obama to be removed over a completely fabricated technicality?