Brandi BuchmanOct 11, 2023
Over in Colorado, where voters are petitioning to have Trump removed from the ballot under Sect 3 14A for his insurrectionist activities, Trump's lawyers have filed a motion to dismiss with a few ..interesting.. theories around whether POTUS supports VS protects Constitution. 😕
Show threadBrandi Buchman
The bit above was part of Trumps reply supporting his motion to dismiss the CREW petition in CO on grounds that it violates his 1A rights. The crux of his anti-SLAPP argument below and lots of additional context in my earlier feature linked here: https://lawandcrime.com/trump/trumps-fight-to-stay-on-2024-election-ballot-threatens-to-turn-constitutions-insurrection-clause-into-historical-ornament-experts-say/
The language of insurrection: Legal bids to remove Trump from 2024 ballot barrel forward

Two years after the tradition of America’s peaceful transfer of presidential power was broken, the question of whether Donald Trump should remain on the ballot in 2024 looms large.

Law & Crime
Oct 11, 2023 at 9:00pmWeb
Show threadBrandi BuchmanOct 11, 2023
As for unpacking Trumps latest arguments in CO, my colleague at Law&Crime, Colin Kalmbacher will have the report.
As for me, I'll have a feature next week, so stay tuned!
Show threadBrandi BuchmanOct 12, 2023
https://lawandcrime.com/trump/trump-claims-the-insurrection-clause-does-not-apply-to-the-president-or-prohibit-someone-from-running-for-office/
Trump claims the insurrection clause 'does not apply' to the president

Trump's latest argument seeks to stake out new territory as to what, exactly the insurrection clause demands in a broader constitutional context, as well as who it demands such things from.

Law & Crime
Show threadSpockoOct 12, 2023
@Brandi_Buchman .
I imagine Trump's lawyers' brainstorming session.
"Okay, no bad ideas! Come on people! THINK OUTSIDE THE BOX!"
Scott: How about we say the Presidential oath doesn't requires the President to swear ‘to support’ the Constitution?
Geoffrey: YES! AND let's say he never was an OFFICER, of the United States.
Joanna: Look, I'm just a paralegal, but these are TERRIBLE ideas.
Scott: You're right.
Joanna: I am?
Scott: Yes, you're just a paralegal. Now type it up or we don't get paid.
Show threadDavid PeningtonOct 12, 2023
@spocko
I like the idea "I may be ineligible to be president but I should still be able to stand for president" - either his lawyers are wrong or the election law is badly written.
Show threadSpockoOct 12, 2023
@DavidPenington my Quatloos are on his lawyers are wrong, they are pushing this BS idea so it will go to the Supreme Court on a Constitutional issue. That is the play.
Show threadKennethOct 12, 2023
@spocko @DavidPenington Ginning up a constitutional crisis is a novel defense strategy (and an even weirder theory of the case).
Show threadSpockoOct 12, 2023
@DavidPenington by the way, Scott & Geoffrey are the names of Trump's lawyers on this brief, and I pulled those ideas right from the brief. Also, Joanne actually IS their Paralegal.
We know how Trump has his lawyers file crap in order to delay & hope he gets to one of his appointees.
Show threadKennethOct 12, 2023
@DavidPenington @spocko Oh, don't worry about that. The House will soon... Oh wait...
Show threadKennethOct 12, 2023
@Brandi_Buchman This argument hurts my brain: If the president is not an officer of the United States, the insurrection clause does not apply to that office as per its wording. And in any case you can run for office even if you can't be installed in office. Peachy.
Show threadGary GOct 12, 2023
@Brandi_Buchman - nice shout-out on today's Daily Beans!
Show threadRealGravitas -Citizen SaboteurOct 13, 2023
@Brandi_Buchman Somebody put a cat’s cradle on that guy’s hands!
Show threadMOct 11, 2023

@Brandi_Buchman 🙄🙄🙄

I suppose they’re holding the argument that Donald didn’t swear to uphold the *contents* of the Constitution — and look! the parchment still exists in the National Archives! — as their next “Hail Mary” filing.