General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge Luttig thinks that TFG has in effect admitted that TFG has lost in the 14th Amendment disqualification case
Judge Luttig has posted that TFG's latest brief is in effect an admission that TFG's attorneys know that TFG has lost. TFG is arguing that Section 3 of the 14th Amendment does not prohibit TFG from being on the ballot and only prohibits TFG from serving as POTUS. TFG can be on the ballot and if elected, TFG would need a two-thirds vote of both houses of Congress to be allowed to be sworn in.
Link to tweet
https://threadreaderapp.com/thread/1754630553247089108.html
I would consider this argument tantamount to an acknowledgment that the former president and his lawyers have all but concluded that their arguments have become so weakened by the briefing of respondents and their supporting amici
that they believe the Supreme Court is likely to hold the former president is disqualified under the Fourteenth Amendment.
What else could possibly explain this eleventh-hour, Hail Mary argument that not even the Supreme Court of the United States can ever decide whether the former president is disqualified from the presidency. Not now. Not ever.
In hac verba from Petitioners Br. at 22-23: Section 3 is a prohibition only on holding office, and Congress can waive this prohibition between now and the end of the next presidential term [in 2029]. . . .
So, no court or litigant can declare that President Trump is presently disqualified from holding office without assuming or predicting that Congress will refuse to lift any section 3 disability that might apply.
spooky3
(38,640 posts)Polybius
(21,905 posts)I wonder how different things would have turned out if he did.
Sneederbunk
(17,496 posts)MOMFUDSKI
(7,080 posts)than I! And I hear you.
TwilightZone
(28,836 posts)They certainly can't argue the law or the Constitution or the merits of their defense, because they don't have one.
LetMyPeopleVote
(179,919 posts)The selection of TFG's VP may be important in that TFG's attorneys are arguing that TFG can run for and be on the ballot for POTUS under the 14th Amendment but cannot serve unless both Houses of Congress by two-thirds vote remove the 14th Amendment disability. So if TFG is on the ballot and wins the general election, then unless both houses of congress remove the 14th Amendment disability, TFG's VP will be sworn in as POTUS. This means that Putin may want to approve TFG's choice of VP
Link to tweet
Link to tweet
Link to tweet
Link to tweet
Link to tweet
Link to tweet