Democrats are in the Hail Mary phase of trying to stop Donald Trump from being president.
But the left may have just received help from an unlikely source.
And Brett Kavanaugh said Jack Smith can ban Trump from being president with one trick.
By all accounts, the Supreme Court case over banning Trump from the ballot under the 14th Amendment was a massive success for Donald Trump.
Even liberal justices like Ketanji Brown Jackson expressed skepticism of the idea that Section 3 of the 14th Amendment’s disqualification clause even applied to Trump since the plain text didn’t list the president among the offices falling under the ban.
Others expressed more straightforward objections such as the lawyers arguing Section 3 of the 14th Amendment disqualified Trump from holding office but couldn’t find a single example of a state banning a national candidate from the ballot.
Justices also argued going down this road would initiate a partisan tit for tat where red and blue states both put different presidential ballots before the voters.
The emerging consensus among pundits and legal analysts is that Trump is likely to win this case on a unanimous 9-0 vote.
But anti-Trump forces looking to subvert democracy by stealing the American people’s right to vote for the candidate of their choice did take one glimmer of hope out of an otherwise thorough thrashing during oral arguments.
And it was none other than Brett Kavanaugh who extended the thin reed Trump haters could cling to when Kavanaugh hinted that if a jury convicted Trump of an insurrection charge, Democrats could then sue to stop Trump from taking office.
“If the concern you have is that insurrectionists should not be able to hold federal office,” Kavanaugh began, “there is a tool to ensure that that does not happen, namely, federal prosecution of insurrectionists. And if convicted, Congress made clear you are automatically barred from holding a federal office.”
Kavanaugh’s “have it all
ways” approach to the Trump problem:
-State’s can’t bar Trump fromoffice under Sec3
-Rule Trump’s not immune from criminal prosecution
-JackSmith indicts/convicts Trump under fed insurrection law, which does bar him from officehttps://t.co/YYw8rT5TCP
— Mike Sacks
(@MikeSacksEsq) February 8, 2024
Jack Smith knows his job is to help Joe Biden win re-election by securing a criminal conviction against Donald Trump before the election.
That’s why Smith is pushing the pedal to the metal to race the January 6 case to trial before the election.
But Kavanaugh left the door open for an insurance plan.
Smith can quickly impanel a grand jury and indict Trump on insurrection charges.
If a rigged all-Democrat jury in Washington, D.C. turns in a sham guilty verdict prior to the inauguration the Democrats can sue to keep Trump from returning to the White House.
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