Republican lawyer and Article III Project founder Mike Davis took apart the Democrats’ ridiculous argument that Donald Trump is disqualified from running for and holding office.
Donald Trump is not a traitor who incited insurrection, though his opponents the Democrats stole two elections from the American people and the current dementia-ridden idiot in the White House is guilty of foreign money-laundering with our enemies. Colorado Democrats are now trying to use a Constitutional amendment and a law that were meant to prevent Confederate Democrat traitors from holding office to disqualify Donald Trump.
Mike Davis tweeted out his argument, published by the Washington Times, on Oct. 29, as Donald Trump went to trial today for possible disqualification from appearing on the presidential ballot in Colorado. Davis explained in his Washington Times piece that the Democrats are using a Constitutional amendment and a law based on it for their justification, but it actually doesn’t apply to Trump. Following the Civil War, the Democrats might have surrendered on the battlefield but they sure as heck didn’t end the war. They immediately set about either engaging in domestic terrorism or being elected to political offices in order to enforce their racist agenda. Worried at the number of former Confederates and Confederate sympathizers being elected, Congress took action.
“Fearing they would undermine the Union and Reconstruction efforts, Congress added Section 3 to what would become the 14th Amendment to disqualify Confederate sympathizers from holding office if they engaged in insurrection or rebellion against the United States during the Civil War,” Davis explained. One could actually wish they had enforced it better.
The decades after the Civil War were rife with Democrat voter fraud, particularly in Congressional elections; there were 262 disputed House elections alone between 1865 and 1900. Democrats moved polling places last minute and stuffed ballots; they brutally attacked and terrorized and blocked black voters (and white Republicans) from voting through their various terrorist groups like the KKK and Red Shirts.
The point of this is not, however, that there were many Confederate war criminals and traitors who went on to prosperity and political success, but that Donald Trump does not qualify for punishment under the rules for Confederates. He did not incite an insurrection, nor was there one—at least from his supporters. The real stealing of the election was done by the Democrats, as it always has been for hundreds of years.
In fact, it is ironic that the Section 3 mentioned above originally had to be made because the Democrats—the Confederates—were lying, cheating, and traitorous scumbags, and now the lying, cheating, and traitorous scumbag Democrats are trying to use that section against Donald Trump. It is particularly interesting that, due to mass Democrat election fraud and voter suppression, there were hundreds of questionable elections after the Civil War, as noted above. Democrats never change.
“[Davis:] Democrats, desperate to defeat a resurgent former President Donald Trump, are dusting off the 14th Amendment’s disqualification clause, largely dormant for 155 years, with a ridiculous legal theory to remove him from the ballot before the 2024 presidential election.
Fearing their two impeachments, four bogus indictments and several frivolous civil cases — blatant lawfare and election interference by Democrats — will not stop Mr. Trump on Nov. 5, 2024, Democrats and some Trump-deranged Republicans are pushing their legal theory that Mr. Trump is disqualified from running for office under the disqualification clause (Section 3) of the post-Civil War 14th Amendment.
Their theory is that Mr. Trump’s challenge to the 2020 election (which he was allowed to do under the Electoral Count Act of 1887 and the First Amendment), the Jan. 6 protest (which was permitted by the National Park Service and allowed by the First Amendment), and the resulting riot (of which House Democrats’ Jan. 6 committee found no evidence of Mr. Trump’s incitement) was an ‘insurrection.’
Thus, Democrats pretend Section 3 of the 14th Amendment disqualifies Mr. Trump from running for president in 2024.
In other words, because Democrats fear the American people will vote Mr. Trump back into the White House, they want to take away the voters’ choice.”
Stanford law professor Michael McConnell — “a former federal appellate judge and no fan of Mr. Trump”—insisted that it was not only wrong to say Trump should be targeted under this anti-Confederate act, but it is extremely dangerous to do so, considering that riots or mass protests are a consistent feature of American society and politics. And, of course, the Democrats are not the least interested in targeting the BLM and Antifa protesters who burned down cities or the pro-Palestinian terrorist sympathizers who recently stormed a Capitol Hill building.
I’ll give an example of why the Constitutional Amendment was necessary, showing that Trump has far more in common with the victims of voter fraud than with the Confederates who perpetrated it. Samuel J. Lee, a former slave, an outstanding attorney, and the first black speaker of the South Carolina House, was running for Congress in Darlington County. The county was majority black and had formerly voted 80% Republican. Thanks to the moving of a polling place last minute on election day, and Democrat Red Shirts aggressively wielding guns and knives to prevent any black Republicans from getting into the polls, the county went 90% Democrat and the former slave-owning Democrat John S. Richardson “won” the election over Lee. Lee’s contesting of the election cited evidence of the moving of polling places, ballot stuffing, voter intimidation, and prevention of poll workers from doing their jobs. The Elections Committee Democrats, with the help of a couple of corrupt Republicans, rejected Lee’s suit. The House passed a minority resolution to unseat Richardson, but various devious Democrat tactics ensured that the fraudulent election held and Lee did not succeed in claiming his seat.
Mike Davis:
“Section 3 is also not self-executing. Section 5 of the 14th Amendment gives Congress — not partisan state officials — the power to determine what qualifies as insurrection or rebellion.
‘The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article’ — U.S. Const. amend. XIV, § 5.
This means that Congress must pass legislation to give the disqualification clause its effect.”
Thus the Enforcement Act of 1871, or “the Ku Klux Klan Act” was passed. In its current revised state, this reads, “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.” Again, there was no “insurrection,” and Trump, who didn’t even finish speaking before the first breach of the Capitol occurred, and who urged his supporters multiple times to be peaceful, certainly did not incite one.
“No one has charged Mr. Trump with insurrection or rebellion,” Davis pointed out. “The evidence does not exist, despite years and tens of millions of dollars spent by the House Democrats’ Jan. 6 committee, corporate media, liberal nonprofit enterprises, and the Biden Justice Department hunting for such evidence.”
It’s all a political game to get Trump out of the race. Unfortunately, Republicans don’t seem to have any interest in protecting one of their most successful presidents from the anti-constitutional machinations of the left.
Those politicians who are implementing sanctuary city policies and refusal to cooperate with immigration enforcement should be jailed as they "engage in any rebellion or insurrection against the authority of the United States" by explicitly undermining enforcement of those laws using their state power.