Trump Swore to Preserve, Protect, and Defend the Constitution

But not to support it?

Gippolito Ndp

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Photo by Neil Thomas on Unsplash

Have you been following the weekly (and sometimes daily) developments in the many ongoing legal cases involving Donald Trump and Trump World?

If you have and are bewildered — or if you have not because you don’t wish to become bewildered — you can perhaps be forgiven. Things have been … what’s a good word? Odd.

Yes, odd.

I’ve been a lawyer for 30 plus years and some of the legal machinations surrounding Trump confuse me quite a bit. I can’t even imagine how f***ed-up it must seem to non-lawyers, especially ones who believe in the rule of law.

Here’s the one most on my mind just now:

The Colorado case which is trying to establish that Trump is disqualified from being on the 2024 presidential ballot in that state. It’s all about the 14th Amendment, Section 3 and I’ve written about that several times here on Medium.

The trial judge in that case recently handed down a lengthy ruling (102 pages!) that is in most respects well and closely reasoned and announces a number of important findings that Trump certainly hates.

But also, on one particular point (the penultimate one), the judge takes what I can only describe as a serious detour — and the detour is the result of some distinct oddities.

The first is all about the oath Trump took, which the judge claims is so different from the one contemplated in the 14th Amendment that Trump gets a pass.

Imagine that … Trump getting a pass. That’s something we don’t see every day, right?

Arrrgh.

The 14th amendment on its face applies to anyone who had previously taken an oath to support the Constitution. Remember that word. Such a person, if they later engage in insurrection or provide aid and comfort to those who do, is disqualified from holding a number of enumerated positions, including any office held under the United States. Remember that phrase.

But presidents don’t take an oath to support the Constitution, the Colorado trial judge asserts.

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Gippolito Ndp

Dad, G-dad, veteran, semi-retired lawyer, archaeologist, writer