Three little words can be crucial in a person’s life and these three will be in Donald Trump’s if they’re argued before the Supreme Court. And no, they’re not “I love you.” A Trump biographer has read all the documentation surrounding Trump’s insurrection case and he’s pinpointed one clause in the Constitution, which seems to be notably absent or at the very least under scrutinized, in all the dialogue about January 6 and legal cases arising from it, and whether Trump’s behavior during the insurrection disqualifies him from running for office again under the 14th Amendment.
David Cay Johnston, who co-founded D.C. Report points out that for three long and crucial hours, “Trump did nothing to stop the mob sacking our Capitol, shouting ‘hang Mike Pence,’ calling for the murder of Speaker Nancy Pelosi and injuring 150 police officers in his failed attempt to overthrow our government.” Also, “Trump didn’t call on federal law enforcement or summon readily available National Guard troops.” So what did Trump do in fact, during that time? He gave “aid or comfort” to the insurrectionists who were sacking the Capitol, while he watched it on TV like it was any other show, not caring that real people were getting injured, becoming disabled, and in the case of some, being killed.
Instead, Trump “gleefully” watched the attack on television in a room just off the Oval Office. Stephanie Grisham, the White House press secretary, testified that he even rewound some scenes of violence that he considered especially gratifying.
Because appeals deal with issues raised in lower courts — not issues that could have been or should have been raised — the U.S. Supreme Court is unlikely to examine the “aid or comfort” standard.
The high court will face a sticky problem, at least for justices like Samuel Alito and Clarence Thomas, who claim to act based on the plain meaning of words when they were written into our Constitution. Under their legal reasoning, Trump clearly cannot be on any ballot, the words “aid or comfort” being crystal clear.
Ethics and Recusal
Of course, Thomas should recuse himself given his wife’s declared support for the insurrectionists. Don’t count on the man who eagerly accepts lavish trips and money from billionaires with interests before the court to find his long-lost ethics.
Other 14th Amendment cases are pending in nearly 20 states. More are likely to be filed. Lawyers in those cases could include “aid or comfort” as a backup argument.
Should the U.S. Supreme Court leave Trump on the Colorado ballot through the legal convenience of sending the matter back to the Colorado courts for further consideration, that will leave time for other cases to proceed. If that happens, there is a good chance that the easily established “aid or comfort” standard will determine Trump’s fitness to be on any ballot in 2024.
If you focus on that simple, short clause, “aid or comfort,” there’s no way that Trump can wriggle out of his responsibility, on these facts. Let’s see what unfolds next, but keep this in the back of your mind that this particular clause has not been argued in Trump’s case. Ironically, the words “aid or comfort” were in all the headlines surrounding the swiftboating scandal when John Kerry was running for president in 2004. Kerry’s actions were scrutinized with the same shock and awe as Hillary Clinton and Benghazi — yet both those incidents combined don’t come anywhere near the egregious actions of Donald Trump on January 6, three years ago tomorrow.
We have come a long long way in 20 years. And it has not been forward. At least not for the GOP, which is in the ongoing process of self-immolation.
Ah, but John Kerry and Hillary Clinton are DEMOCRATS. Trump is a Republican (sort of – he’s in complete control of that Party at least) and as we’ve all learned IOKIYAR. (It’s OK If you’re a Republican)
I find this crucially interesting in an American way
a wife can’t give testimony against her husband.
I said she’s waiting
I never had enough 💰 to be in a transactional relationship
she’s waiting yeah
for another love
in jest, last night after a few too many barley pops
I dropped Clapton
Jeff Beck is my guitar Hero,,
This SCOTUS better fucking disqualify DON THE CON from the ballot or we will know just how COMPLETELY FUCKING CORRUPT THIS FUCKING BUNCH OF CONSERVATIVE HYPOCRITES ARE. They have all themselves taken an OATH to uphold the Constitution & the Laws of the land. They will be in complete & utter violation of their Oath if they allow a CRIMINAL & INSURRECTIONIST no the ballots. When the Dems retake the House, every single one of these CORRUPT PIECE OF SHIT need to be IMPEACHED, especially Thomas & Alito who have been taking BRIBES & SELLING THEIR DECISIONS TO MILLIONAIRES.
I.am.not sure that doing nothing rises to providing aid and comfort. The law doesn’t require a citizen to report or try to stop a crime unless they are mandated reporters like health care workers, teachers, etc and,even then, the crimes they must report are spelled out.
Trump didn’t intervene to stop this horror. Does that equal giving aid and comfort to criminals? The 14th Amendment, section 3, specifically mentiond Congress and electors but does not mention the president, who may or may not be included in the general.category of other elected officials who take the oath. Certainly, the president is included bin that category. By not calling out the Guard or even issuing a,statement telling them.to obey police and disperse. Trump is guilty as helh, in my book. But I am only a paralegal, not a lawyer, and legal experts are divided on the issue.
Perhaps the reason that Trump’s treasonous, deadly, and illegal actions concerning January 6 TH don’t measure up to the allegations of the actions concerning Secretary Clinton’s around Benghazi, or John Kerry’s according to the SBVTs is because there is insurmountable evidence of the former, and none involving the latter.