Maine Secretary of State Shenna Bellows unilaterally dominated that former President Donald Trump is unqualified to look on the 2024 main poll regardless of missing a legislation diploma and substituting YouTube movies for due course of.
Bellows, who beforehand labored as Government Director of the Maine Chapter of the ACLU however shouldn’t be an lawyer and didn’t attend legislation faculty, made the authorized conclusion in her ruling that “the declaration on [Trump’s] candidate consent kind is fake as a result of he’s not certified to carry the workplace of the President below Part Three of the Fourteenth Modification.”
The secretary of state, a Democrat whose social media is suffering from pictures of President Joe Biden, justified her ruling primarily based on Part 3 of the Fourteenth Modification’s “Rebel Clause.” The statute has by no means been used to disqualify a president from the poll and has usually been understood to not apply to the workplace of the president, though left-leaning plaintiffs have sued throughout the nation in long-shot hopes of maintaining Trump from showing on main ballots.
Bellows’ ruling that Trump engaged within the crime of rebel comes regardless of Trump having by no means been convicted of that — or another — crime, and even been charged in court docket with the crime of rebel. He was acquitted by the U.S. Senate of fees of participating in rebel and continues to disclaim wrongdoing.
Her determination has met with widespread scrutiny.
CNN senior authorized analyst Elie Honig mentioned Thursday on Anderson Cooper 360 that Bellows’ determination to bar Trump from the poll was primarily based on “YouTube clips, information reviews” and “issues that might by no means move the bar in regular court docket.”
Whereas acknowledging the case is “legally unknown territory” — the Supreme Court docket has by no means dominated on Part 3 of the Fourteenth Modification — the alarmed Honig argued that Trump has case that he didn’t obtain due course of.
“Have been the processes, have been the hearings honest?” he requested. “Did they comport with due course of?”
He continued, “They heard from one truth witness, a legislation professor. [Bellows] primarily based her ruling on quite a lot of paperwork, but additionally YouTube clips, information reviews, issues that might by no means move the bar in regular court docket.”
Maine’s Congressional delegation additionally took difficulty with Bellows’ ruling
Sen. Angus King, an unbiased who caucuses with Democrats, mentioned the choice whether or not to vote for Trump ought to “relaxation with the individuals.”
My assertion on the Maine Secretary of State’s determination barring Donald Trump from the 2024 main poll ⬇️ pic.twitter.com/a1iZnM0c1d
— Senator Angus King (@SenAngusKing) December 29, 2023
Sen. Susan Collins, a Republican however no buddy of Trump’s, issued a press release that didn’t point out Trump by title however mentioned, “Secretary of State’s determination would deny hundreds of Mainers the chance to vote for the candidate of their selection, and it must be overturned.”
Maine voters ought to determine who wins the election – not a Secretary of State chosen by the Legislature.
The Secretary of State’s determination would deny hundreds of Mainers the chance to vote for the candidate of their selection, and it must be overturned.
— Sen. Susan Collins (@SenatorCollins) December 29, 2023
Rep. Jared Golden, a Democrat who voted to question Trump, mentioned, “till he’s discovered responsible of the crime of rebel, [Trump] must be allowed on the poll.”
My assertion on the Maine Secretary of State’s ruling: pic.twitter.com/ByO3XJe1JS
— Congressman Jared Golden (@RepGolden) December 29, 2023
Rep. Chellie Pingree, a Democrat who can also be not an lawyer, mentioned that it “seems” Trump’s actions violated the Structure however supplied little further evaluation apart from supporting the choice.
On January 6, 2021, Donald Trump incited a violent mob to dam Congress from certifying the Electoral Faculty + overturn the 2020 presidential election. Our Structure is the very bedrock of America and our legal guidelines and it seems Trump’s actions are prohibited by the Structure
— Congresswoman Chellie Pingree (@chelliepingree) December 29, 2023
The Colorado Supreme Court docket reversed a decrease court docket opinion, figuring out that Trump engaged in rebel and due to this fact is unfit to look on the 2024 Republican presidential main poll. That ruling has been stayed as Trump appeals to the U.S. Supreme Court docket.
A ruling by the U.S. Supreme Court docket within the Colorado case would doubtless settle the difficulty in Maine and different Part 3 circumstances throughout the nation.
Bradley Jaye is a Capitol Hill Correspondent for Breitbart Information. Comply with him on X/Twitter at @BradleyAJaye.