Thursday, September 28, 2023
HomeVideoCNN: Legal experts argue this is why Trump can't hold office again

CNN: Legal experts argue this is why Trump can’t hold office again


Constitutional law professor Laurence Tribe and former federal judge J. Michael Luttig explain their argument as to why Donald Trump should be ineligible to be president of the United States again. #CNN #News

Transcript

In a new piece in The Atlantic, constitutional scholar Laurence Tribe and former Judge Michael Luttig write this, quote, The former president’s efforts to overturn the 2020 presidential election and the resulting attack on the Capitol placed him squarely within the ambit of the Constitu disqualification clause. And he is therefore ineligible

To serve as president ever again And Professor Laurence Tribe and Judge Michael Luttig join me now to talk about this. Gentlemen, it’s it’s a real hono to have you both on at the same Thanks so much for doing this. Your argument just to explain this to our view Essentially,

It comes down to these two sente in the Constitution’s 14th amend No person shall be a senator or representative in Congress or elector of presid and vice president who having previously taken an oath as an officer of the United States to support the Constitution of the United States, shall have engaged in insurrection

Or rebellion against the same or giving aid or comfort to the enemies thereof. I’m proud of myself, first of all, for getting through all of without messing that up. But let me go to both of you on this gentleman. How is this going to work? Because Donald Trump is not goin

You got me, I’m disqualified. Judge, I’ll let you go first. And then the professor Jim, thank you for having us on this afternoon. Professor Tribe is the most celebrated constitutional mind in America, and deservedly so. And he has been that for the pas four decades. Professor Tribe has been studyin the Constitution

And even the disqualification clause of the 14th Amendment. His entire illustrious career. I first began to think seriously the 14th Amendment disqualification clause only two years ago in January of But I quickly came to the same c that Professor Tribe had come to many years before th And then in the two years

Between January 6th and today, Professor Tribe and I have been discussing the disqualification clause and the possible disquali of the former President privatel between ourselves, that what has brought our article for is some magnificent scholarship by professors board and Paulson that is forthcoming and a law re from the University of Pennsylva

Their monumentally important contribution that they have made is that they have demonstrated that what might have been is not Which is to say this section three of the 14th Amendm means exactly what it plainly and clearly says specifically as you just read. Yeah. Any person who previously has ta

The oath of office to support an the Constitution of the United S and who then engages in insurrec or rebellion against the United and the Constitution of the Unit shall not thereafter hold. In this instance, the office of the Presidency of the United that language in the Constitutio

Simply could not be any clearer It is unmistakable in its application to the former president. The only thing that was not know professors board and Paulson did their scholarly work is whether this was the actual meaning under the original understanding of the Constitutio And the professors confirmed and demonstrated that indeed it

And so, Professor Tribe, an honor to have you on as well. Does that mean that Trump is essentially right now automatically disqualify it, that he shouldn’t be allowed on ballots and so on? Jim, what it means and it’s a great honor to be on with the distinguished justly celebrated judge ruling.

What it means is that secretaries of state or other officials who are responsible for deciding who is qualified and who is not will have to determine whether, despite his obvious attempt to o the 2020 election and engage in insurrection, whether despite that, somehow Trump gets to run. Secretaries of state around

The country are going to go both ways on that. The red ones may go one way in the blue another, although I would hope that partizan politics wouldn’t always determine it. But whichever way they go, they will be challenged in court and that will end up in the Supreme Court.

And what it will have to decide is what this language means. It’s pretty obvious what it says In fact, when it was written, Abraham Lincoln was no longer pr We had a president who didn’t be in the 14th Amendment Andrew Jac They weren’t going to rely on hi and his Justice Department

To decide who should be convicted of insur That’s beside the point. So it’s important to see what happens in all of th 91 pending charges of crime agai former president. But whatever happens in those ca this disqualification, like the disqualification of som who was not a natural born citiz

Or the disqualification of someo who doesn’t meet the age limits has got to be enforced according to its terms. For a very long time, Americans didn’t take this seriously. But now the scholars have begun to look at it. And as the judge says, I’ve looked at it for a long tim

It’s impossible to disregard. We have a former president who has proudly said that he would terminate the Constitut That was his language. He would terminate if necessary. To hold on to power. How can he say that and take the oath to uphold the Constitution? This is going to end up

In the Supreme Court. It’s a monumental issue. The most important constitutional issue of our day. And people have got to get used to the fact that whatever happens in these very important trials of the president under the Constitution’s own lan he’s simply not eligible to be president aga

Now, of course, when you asked is he going to say, you got me The answer is no. He never says you got me. You won’t say that even if he’s convicted of all the crimes avai but it’s not up to him. Wake up, Mr. Trump. It’s not up to you. It is up

To the Supreme Court of the Unit reviewing with the secretaries of state, determine and they take an oath to uphold the Constitution. And the Constitution tells them that an insurrectionist who tried to overturn the country’s constitution cannot be entrusted with protecting it in the future So stay tuned.

This is going to be a saga that lasts between now and the e

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48 COMMENTS

  1. Impossible for Constitutional Experts to Discart What The Loser Trump had done to Overturn The Country's Constitution..JUST DISQUALIFY THE LIAR TRUMP FROM 2024 Election

  2. Lawrence Tribe = total creep. A lunatic who has no business being a professor. The only good thing is that he's very old, so hopefully he won't be with us too much longer.

  3. That argument isn’t going to hold up. There isn’t clear evidence President Trump invited an insurrection. We all know he did but it’s almost impossible to prove that he wanted them to engage in an armed insurrection instead of just a loud protest. It’s all very speculative. Now this stuff about putting fake electors in is another matter entirely. But that’s not the disqualification issue as I understand it.

  4. I am a Jamaica who love America for is laws and is principles but America 🇺🇸 is put to ashamed because of someone of the law maker the leaders who other countries must look upto for leader ship it is a shame that well educated people make one person who Satan send from hell to destroy the country and give the country bad name if you American dont stop it America is going to fall on is face who start it Trump and is friends and many of you educated fool get caught up in it it is sad to see that America is going
    through because of one fool thanks to that retired judge who speaks the truth I could cry for America 😂😂😢

  5. Partisan politics is being spoken on this show as why are these people being allowed to accuse Trump who haven't been fiund guilty in the courts the District attorneys sll saud he is innocent until proven guilty in a court of law but yet every day and night the media and those who hate Trump are using the media to destroy him . He us being chsrge eith trying to overturn the election not america I'm not a scholar or highly educated . But im free if hate this 14 amendment was not sign by everyone some sign because they was threaten it was created to make sure the southern states had no choice but agree but some didn't . Just like to day the election are never because all the people agree it won by a narrow margin these man know this on its way to the supreme court a. Divided court but the head of that court fo not like trump even thou he sign on as a republican . People use the constitution like the anything else thst man have control over . To destroy and push heir agenda . The 14 amendment is just what it said a amendment to chsnge the constitution.

  6. Good for the professors for making the case. We need to impose these rules to prevent future nonsense. Just look at what the WI GOP is trying to do to reverse an elected Supreme Ct judge! If they aren't stopped with the laws we have, they will keep on going!

  7. Two very prominent people who have the vast knowledge is telling what the Constitution says about insurrection and that Donald Trump has broken the laws of the Constitution. The people who are still believing a deceiver who has lie since taking office as president and lost a reelection and still to this day saying it was stolen can put on their hot pants cause they will follow him to hell.

  8. I wanted someone to ask Donald Duck 🦆 if he would still recommend drinking BLEACH to get rid of COVID again? And if he thinks it’s still going away next week 😂
    That clown 🤡 Donald Duck 🦆 didn’t come because he’s a runner! He couldn’t take a face to face fact check about all of his shortcomings as Ex President! Donald Duck 🦆 isn’t coming to any debates! He clowning y’all!!!!

  9. In her swift dismissal of the case, Judge Robin Rosenberg, … Fontes said he did not have the legal right to scratch Trump off the ballot
    U.S. District Judge Robin Rosenberg wrote in dismissing the suit, "an individual citizen does not have standing to challenge whether another individual is qualified to hold public office

  10. As a citizen of the United States of America I am surprised that there are questions about the engineer and master of criminal activities to overthrow our elected officials as a seeker of the PRESIDENCY Of the United States of America. We need to examine ourselves and ask if that is best for the future of our Democracy and Constitution of the United States of America. We can do the right things. Make America Safe from Internal Enemies .😮

  11. It’s appalling that this is having to be considered at this time, even more appalling is that there are self proclaimed defenders of the constitution willing to dismiss the 14 amendment with prejudice to allow Trump to remain eligible.
    Not just Trump, but so very many more.

  12. In addition, underscoring Section 3 Article 14 — Remember Trump on the very day 1/6/2021

    said "And now we'll WALK DOWN to the CAPITOL…."

    18 USC 2383: Whoever incites, sets ON FOOT, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
    This description of Trump's activities 250 years in the making IS SO RIGHT ON, it's SCARY.
    TRUMP'S TOAST.

  13. If a person puts a band-aid or plaster on a small skin injury of a person who stormed the Capitol then that person has indeed provided comfort to an insurrectionest! The use of the words "….provide aid or comfort…." means the quantity of help is not the issue or a determining factor. Any assistance no matter how small or big still qualifys as providing aid or comfort. Donald Trump and most of the GOP'ers in Congress have met the requirement of providing aid or comfort to insurrectionists! Let the Constitution requirements be applied to all of them !

  14. I DARE this Supreme Court of the United State to rule against such a glaring and compelling case against the application of section 3 of the 14th Amendment as articulated by these Distin gusted gentlemen.

  15. If Trump is disqualified, he cannot be raising money and he cannot be on the polling! somebody has to get this settled ASAP! Because right now his PAC is raising money for his legal fees.

  16. Ok Trump should back TIM SCOTT. Everyone would vote for him. He will be the First African American President. If all of Trumps voters vote for him then he will win.

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