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 BuchmanOct 11, 2023
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
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 threadKenneth
@DavidPenington @spocko Oh, don't worry about that. The House will soon... Oh wait...
Oct 12, 2023 at 10:32amWeb