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Trump and His Lawyers Outdo Themselves in Blithering Idiocy
By Ponderer
January 20, 2024 6:41 am
Category: Comics

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The dumbest part of Trump’s Supreme Court ballot brief

It’s hard to pick just one, but consider Trump’s claim that since he never swore to “support” the Constitution, he can be president again even if he’s an insurrectionist.


Donald Trump’s new Supreme Court brief throws a bunch of arguments at the wall in the hopes one of them will stick and he can become president again. One of his claims stands out as especially silly — that he never swore to “support” the Constitution and so, his argument goes, he’s not subject to the provision disqualifying people who violate their sworn support.

His lawyers make that argument because Section 3 of the 14th Amendment applies to insurrectionist officeholders who previously swore to “support the Constitution of the United States.” Since presidents swear to “preserve, protect and defend” the Constitution, Trump argues in his brief, this section doesn’t apply to him.

You don’t have to be a lawyer to see the absurdity of the claim. In rejecting it, the Colorado Supreme Court explained that the inaugural oath is consistent with the “plain meaning of the word ‘support.’” The state justices noted that modern dictionaries and ones at the time of Section 3’s drafting both define “support” to include “defend” and vice versa.

“The specific language of the presidential oath does not make it anything other than an oath to support the Constitution,” they wrote, adding: “President Trump asks us to hold that Section Three disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land. Both results are inconsistent with the plain language and history of Section Three.”




Absolutely classic Republican double-talk bullshit. This is the exact sort of flaming Republican asininity that the two MAGA Hat Trump supporters and defenders in here are constantly trying to bullshit into reality. The classic way they have of declaring that words have meanings that they don't and that they don't mean what they obviously do. They never really got on board with this whole "English language" thing. They just want words to mean whatever they want them to mean or visa versa. Classic. Simply classic.



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Comments on "Trump and His Lawyers Outdo Themselves in Blithering Idiocy":

  1. by HatetheSwamp on January 20, 2024 6:55 am

    po,

    This is why, IMO, SS is an empty place when you take time off. Trump's argument is essentially, the argument of pb's Legal Goober #3 who, unlike you, as far as I know, didn't clerk at the US Supreme Court nor is he, like you, a law professor at an Ivy League school.

    But, let's face it. The Supreme Court is going to shoot down this 14th Amendment ruse. And, there are countless rationales they could use in doing it.

    I'm not a big fan of the lawyering Trump's received but my take on this argument is that Trump's lawyer's have selected the rationale that they want the Court to adopt in killing this silliness you hold so closely.



  2. by Curt_Anderson on January 20, 2024 9:05 am
    My guess is that SCOTUS will somehow duck out of having to make a decision. I don’t think they’ll want to decide against Donald Trump but I don’t think that Donald Trump has any good legal arguments either. I think they will allow some states to exclude Trump from the ballot and some states to include him on the ballot.


  3. by oldedude on January 20, 2024 9:52 am
    Regarding the 14th Amendment case only. The only thing trumpster has in his favor is not being convicted in a court of law. That's it. It's a very strong case, and still has to go through SCOTUS. That's the procedure.

    I think the rest of it is a pipe dream at best. And if anything, it's a waste of the court's time. He has the "right" to do it, but dang! Really?


  4. by HatetheSwamp on January 20, 2024 10:50 am

    I think they will allow some states to exclude Trump from the ballot and some states to include him on the ballot.

    Oh, I hope you're right!


  5. by oldedude on January 20, 2024 5:06 pm
    The issue though, is federal law, which can't change from state to state. That's why I keep telling the dims to do this thing the right way. Otherwise, they'll just be overturned in SCOTUS, when you could have been working on something that would actually work.


  6. by Indy! on January 20, 2024 7:34 pm

    The real question is why is the GOP not doing anything about it?


  7. by oldedude on January 21, 2024 6:03 am
    They are, but not in the way you want. The CO case going to SCOTUS is from the CO GOP. Honestly, trumpster doesn't have to do anything. Why he's doing this portion is beyond me.


  8. by Ponderer on January 21, 2024 8:56 am

    "The only thing trumpster has in his favor is not being convicted in a court of law." -olde dude

    But then, since being convicted of anything is totally meaningless and irrelevant to Section 3 of the 14th Amendment applying to him, that means he has nothing in his favor going for him.


  9. by HatetheSwamp on January 21, 2024 9:01 am

    But then, since being convicted of anything is totally meaningless and irrelevant to Section 3 of the 14th Amendment applying to him, that means he has nothing in his favor going for him.

    Says whom? On what authority?...

    Or, are you merely channeling your "I used to clerk at the Supreme Court and currently am a professor at an Ivy League law school" delusion?


  10. by Indy! on January 21, 2024 8:21 pm

    by oldedude on January 21, 2024 6:03 am
    They are, but not in the way you want. The CO case going to SCOTUS is from the CO GOP. Honestly, trumpster doesn't have to do anything. Why he's doing this portion is beyond me



    I meant the national party. Why don't they just call him up and say "we don't want you"?


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