Thursday, January 04, 2024

Trump and the 14th Amendment

 

An insurrection is an attempt to overthrow a government as distinct from only conspiring or thinking about doing so. On January 6th and the in days before it, Trump clearly made such an attempt. The election was decided beyond any legal challenge or appeal on December 14th, 2020 when the electors voted. Trump’s efforts after that to remain in power were intended to overthrow the government of the United States. I have often wanted to ask some of Trump’s defenders what other purpose than blocking the final certification of the election they think there could have been for staging the rally on January 6th. It surely wasn’t Bing and Danny getting the men of the 151st division to show up on Christmas Eve to show the Old Man he wasn’t forgotten. I think the frightened, overwrought supporters Trump brought to Washington and stirred up with talk of losing their country if what was about to happen in the Capitol was not stopped probably were called in on some vague idea of Trump’s to use them to provide muscle for the efforts to remain in power illegally. However, it really does not matter if I or anyone else is wrong on that. Trump would have been guilty of insurrection if his supporters had stood peacefully outside the Capitol and chanted slogans instead of attacking. Trump’s order to Pence to not allow Biden’s election to be certified and instead recognize bogus Trumpist electors from several states was by itself an act of insurrection and an attempted coup. Again, the election had been decided beyond any legal challenge or appeal on December 14th. Anyone working to overturn it after that was an insurrectionist enemy of the republic. I doubt if it will matter, but the 14th Amendment applies to Trump.

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