A legal filing made this week by attorneys representing failed one-term, twice-impeached, and multiply-indicted ex-president Donald Trump to keep him on the 2024 ballot in Colorado contains odd language that could allow him to run for the presidency but automatically disqualify him from serving even if he wins, according to former U.S. Attorney Barbara McQuade.
During an appearance on MSNBC this morning, McQuade was asked by host Mika Brzezinski:
“Yes, I think the court will have to take up the case. Whether it decides it on the merits, I think, is another question,” McQuade responded. “I do agree with one of the things he wrote in his brief, which is, this is a matter of significant importance that must be decided urgently. I think that as we see all of these other primaries starting to play out across the country, starting this month, I think it is very important that this issue be resolved.”
She added: “The lead argument that he makes here is one I haven’t heard before. You know, he’s got all the greatest hits in there: the 14th Amendment doesn’t apply to the U.S. president, this wasn’t an insurrection. Even if it was, he didn’t engage in it, all the things we might expect.”
After laughing, McQuade continued, “You know, that sounds like a textualist argument, and maybe the court bites on it, but imagine the absurdity? He can’t serve, so his vice president is the president of the United States. Maybe that’s how we’ll see the court play out.”
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