Judge Luttig thinks that TFG has in effect admitted that TFG has lost in the 14th Amendment disqualification case [View all]

[LetMyPeopleVote]

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

Were I they, I would not have made the revealing, fatuous, and politically and constitutionally cynical, concluding argument that the former president and his lawyers made to the Supreme Court in their Reply Brief today.
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 Petitioner’s 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.