Trump

A reader of my blog asked me to write about Donald Trump. The first thing that comes to my mind is Trump's many legal problems. So let's examine them. Here's an overview of Trump's legal issues and accusations:

Criminal Indictments and Charges

1. New York Criminal Case (Manhattan District Attorney)

   • Charges: 34 felony counts of falsifying business records.
   • Context: These charges stem from allegations that Trump was involved in a scheme to pay hush money to adult film actress Stormy Daniels to cover up an alleged affair and then falsified business records to cover up the payments. The case is being prosecuted by Manhattan District Attorney Alvin Bragg.
   • Outcome: A 12-person jury found Trump guilty on all counts. Trump has vowed to appeal the conviction.

2. Classified Documents Case (Mar-a-Lago)

   • Charges: 37 criminal counts, including willful retention of national defense information, conspiracy to obstruct justice, and making false statements.
   • Context: This case involves allegations that Trump mishandled classified documents after leaving office and obstructed efforts to retrieve them. Special Counsel Jack Smith is leading this investigation.
   • Observation: I have handled classified documents, and I have created classified documents. I authored the documents, and I stamped them with the appropriate classification and a reference to the section of the legal code that governed the classification, but I did not own the documents. They belonged to the organization that employed me. Every night the documents were locked in a special file cabinet in my workplace. I could not take documents home with me. For more information on classified documents, go here. 

3. January 6th Capitol Riot

   • Charges: 4 federal charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy to violate civil rights.
   • Context: Trump is accused of efforts to overturn the results of the 2020 election, which culminated in the violent attack on the U.S. Capitol on January 6, 2021. This case is also being prosecuted by Special Counsel Jack Smith.
   • Observation: the Capitol riot is detailed here.

4. Georgia Election Interference Case

   • Charges: Multiple felony counts, including racketeering, conspiracy to commit election fraud, solicitation of election fraud, and making false statements.
   • Context: This case involves allegations that Trump and others attempted to interfere with the 2020 presidential election results in Georgia. Fulton County District Attorney Fani Willis is leading this investigation.
   • Observation: this case is detailed here.  

Other Legal Issues and Investigations

1. Civil Fraud Case (New York Attorney General)

   • Charges: Trump, his family, and his business are accused of inflating asset values to secure favorable loans and insurance terms.
   • Context: New York Attorney General Letitia James filed a lawsuit seeking $250 million in damages and barring the Trumps from serving as officers of any New York-based companies.

2. Defamation and Sexual Assault Cases

• Charges: Trump has faced multiple civil suits alleging defamation and sexual assault, including from E. Jean Carroll, who accused him of rape and subsequent defamation when he denied the allegations.

At this date (June 1, 2024) Donald Trump is running for the office of President of the United States of America. The U.S. Constitution states in it's 14th Amendment, Section 3, that:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

It would seem that the 14th Amendment, Section 3, would bar Trump from holding office again. But it's not that simple. The applicability of the 14th Amendment, Section 3, to Donald Trump is a matter of legal interpretation and is currently a subject of debate. 

Key Considerations

1. Previous Oath: Donald Trump, as a former President, took an oath to support the Constitution.
2. Engagement in Insurrection or Rebellion: The key question is whether Trump's actions related to the January 6, 2021, Capitol riot constitute "engagement in insurrection or rebellion." This term is not precisely defined in the Constitution and would require interpretation by courts or legislative bodies.
3. Legal and Judicial Proceedings: Applying Section 3 would likely require a judicial or congressional determination. Various lawsuits and legislative actions might be pursued to address this issue. There have been attempts to use this provision in various states to disqualify Trump from appearing on ballots, but these efforts would need to be resolved through the legal system.

Arguments For and Against

• For Application:

  • Proponents argue that Trump’s actions leading up to and during the January 6th events, including his speech and alleged incitement, amount to engagement in insurrection.
  • Legal scholars and some lawmakers assert that Section 3 was designed to prevent individuals who have betrayed their oath from holding office again.

• Against Application:

  • Opponents argue that Trump's actions do not meet the legal definition of "insurrection or rebellion."
  • Some believe that using this provision would set a concerning precedent and should be avoided unless there is a clear, unambiguous case.

Current Status

As of now, no definitive legal ruling has been made on whether the 14th Amendment, Section 3, disqualifies Donald Trump from holding office again. The issue remains contentious and would likely require resolution through the courts or a significant legislative process.

In summary, while there are arguments and efforts to apply the 14th Amendment, Section 3, to Donald Trump, its application is not straightforward and would necessitate judicial interpretation and possibly legislative action.