Trump tells court he had no duty to 'support' the Constitution as president [View all]

[brooklynite]

Source: Raw Story

Former President Donald Trump is arguing to a judge in Colorado that he was not required to "support" the Constitution as president, reported Brandi Buchman from Law & Crime.

The argument came as he seeks to dismiss a lawsuit filed in the state by Citizens for Responsibility and Ethics in Washington (CREW), seeking to have him disqualified from the ballot in the state under the 14th Amendment. The Insurrection Clause of the amendment prohibits those who have "engaged in insurrection" against the United States from holding a civil, military, or elected office without unless a two-thirds majority of the House and Senate approve.

But Trump's lawyers are arguing that the specific language of the Constitution argues that this requirement only applies to people in offices who are bound to "support" the Constitution — and the presidency is not one of those offices.

"The Presidential oath, which the framers of the Fourteenth Amendment surely knew, requires the President to swear to 'preserve, protect and defend' the Constitution — not to 'support' the Constitution," said the filing by Trump's attorneys. "Because the framers chose to define the group of people subject to Section Three by an oath to 'support' the Constitution of the United States, and not by an oath to 'preserve, protect and defend' the Constitution, the framers of the Fourteenth Amendment never intended for it to apply to the President."

Read more: https://www.rawstory.com/trump-wont-support-constitution/

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There actually is an argument that the 14th Amendment doesn't apply to the Presidency:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State ...

The Amendment specifically references House and Senate but not President. "An officer of the United States" has been interpreted as referring to staff officials.

Needless to say, Trump's lawyers are the curdled cream of the crop.