Maine Joins Colorado to Disqualify Trump From Primary Ballot

01/03/24 • 18 min

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The States have been, well . . . all over the map (pun intended) on whether Donald Trump is constitutionally disqualified from being on the presidential ballot because he engaged in an insurrection. Glenn surveys the laws and the state of play in Colorado, Michigan, California, and Maine, regarding Trump's status as a presidential candidate. He also projects what he thinks the US Supreme Court might do once the issue reaches the justices.

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Previous Episode

Jack Smith's Latest Filing Hopes to Prevent Trump's Misinformation During Trial.

Special Counsel Jack Smith has filed a Motion In Limine, seeking to have Judge Tanya Chutkan prohibit Trump's lawyers from making improper arguments to the jury during his criminal trial in DC. As The Washington Post reported, "Special counsel asks D.C. judge to bar Trump misinformation at trial." Glenn discusses the law that applies to such motions in limine, and reviews the laundry list of "don'ts" that Smith includes in his motions.

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Next Episode

Jack Smith Court Filing Dismantles Trump's Claim that he has Immunity From Prosecution

As the 50 states continue to decide the question of whether Donald Trump should be disqualified from state election ballots pursuant to the 14th Amendment because he engaged in insurrection against the United States, it looks like one conservative Supreme Court Justice ruled on that issue previously.

In the ruling handed down by the Colorado Supreme Court disqualifying Trump from the presidential ballot in Colorado, the court relied on a legal opinion authored by Neil Gorsuch when he was a federal appellate court judge. The issue was whether the states had the authority to ban from their election ballots a candidate who was disqualified under the Constitution. Here are the precise words of then-Judge (now Supreme Court Justice) Neil Gorsuch: "a state's legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office. "

Glenn says: So the only question left is - will Gorsuch remain consistent with his prior ruling and allow Colorado and the other states to disqualify Trump from their state ballots?

Then, Donald Trump has asked the DC Circuit Court of Appeals to rule that he is above the law - absolutely immune from being prosecuted for the crimes he committed while in office. Special Counsel Jack Smith has filed his opposition to Trump's motion, setting out how dangerous and destructive it would be to our democracy if a president was allowed to commit crimes with impunity, including crimes designed to unlawfully retain the power of the presidency.

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