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Former Attorneys General File Amicus Brief Insisting Trump Constitutionally Qualified for Ballot

via Trump White House Archived
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Three former U.S. attorneys general, including Bill Barr, filed a U.S. Supreme Court brief supporting Trump’s constitutional qualification for the presidential ballot.

They argue that the Colorado court’s ruling misrepresents the “Insurrection Clause” of the Fourteenth Amendment and that it does not disqualify presidential candidates.

Gene Schaerr wrote in the brief, “Historical records, moreover, reveal that the Framers and ratifiers of the Fourteenth Amendment were not concerned that a Confederate leader could attain the presidency.”

“Winning offices in States of the former Confederacy was the only realistic risk, and Section 3 was tailored to address that concern,” the brief continued.

The brief states, “even if the conclusion that he engaged in an insurrection were correct, President Trump cannot be excluded from any presidential election ballot on that basis.”

They also assert that the clause is not self-executing and that partisan officials should not unilaterally disqualify politicians from opposing parties.

“But President Trump has never even been charged with violating Section 2383, much less convicted under it,” the brief explains.

The brief insists the “Court should resist any interpretation of Section 3 that empowers partisan public officials to unilaterally disqualify politicians from the opposing party.”

The brief concludes that without a new statute, Section Three of the Fourteenth Amendment does not bar any American from running for the presidency.

Schaerr argued in the brief, “If the Colorado decision were correct, the Georgia Secretary of State, a Republican, could unilaterally disqualify President Biden, a Democrat, from that swing State’s ballot one day before the ballot certification deadline—perhaps finding that some of President Biden’s policies were lawless in such a manner as to constitute, in the Secretary’s view, an ‘insurrection.’ Other Republican officials are threatening to do just that.”

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