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It states that no one can hold office who has previously taken an oath to support the Constitution but then engaged in an insurrection or provided help to enemies of the United States. The Colorado Supreme Court agreed, ruling that Trump's conduct amounted to engaging in "insurrection" in violation of Section 3. And only an appointed and not an elected official can be an ‘officer of the United States,’” his legal team said. “My colleagues and I have filed a brief in the Supreme Court on that very question, and we have argued to the Supreme Court that that is the quintessential insurrection or rebellion against the Constitution of the United States. “He is the presumptive Republican nominee and the leading candidate for President of the United States.

Persons: Donald Trump –, –, Trump, Noah Bookbinder, “ We’re, ”, Bookbinder, “, ” Trump, ’ ”, ” “, ’, J, Michael Luttig, ” Luttig Organizations: Republican, Citizens, GOP, Capitol, The, The Colorado Supreme, Trump, Electoral College, U.S ., Appeals, Circuit, MSNBC, New Locations: United States, Washington, Colorado, The Colorado, United States of America, Iowa, New Hampshire

☆ Legal scholars increasingly raise constitutional argument that Trump should be barred from presidency
▼ + stars: | 2023-08-19 | by ( Katelyn Polantz | ) edition.cnn.com time to read: +6 min

Washington CNN —Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result. Not all in the legal community agree – and what the scholars are proposing would need to be tested in court. He is no longer eligible to the office of Presidency,” the law review article said. Luttig and Tribe acknowledge the question of Trump appearing on ballots in 2024 might ultimately have to be decided by the Supreme Court. However, one convicted Capitol rioter, Couy Griffin, was removed from an elected county office he held in New Mexico by a judge.

Persons: Donald Trump, Laurence Tribe, J, Michael Luttig, who’s, “, scrutinizes Trump, Donald J, Trump, William Baude, Michael Stokes Paulsen, Paulsen, ”, Baude, wouldn’t, ” Baude, Luttig, Marjorie Taylor Green, Madison Cawthorn, Couy Griffin Organizations: Washington CNN, Republican, U.S . Capitol, Federalist Society, University of Pennsylvania, Capitol, Trump, Presidency, Supreme, Madison Locations: Georgia, Fort Sumter, New Mexico

☆ Michael Luttig: 'There is no Republican Party'
▼ + stars: | 2023-08-09 | by ( Shawna Mizelle | ) edition.cnn.com time to read: +3 min

Washington CNN —J. Michael Luttig, a conservative retired federal judge and key adviser to former Vice President Mike Pence, declared on Wednesday that “there is no Republican Party” and said former President Donald Trump is even more dangerous than he was in the aftermath of the 2020 election. Today, there is no such shared set of beliefs and values and principles or even policy views as within the Republican Party for America,” he said on Wednesday. Luttig also sought to shoot down possible legal defenses that Trump could mount to address the federal charges to which he has pleaded not guilty. Trump ally and attorney John Eastman, who drafted the point-by-point memo claiming Pence could stop the certification on January 6, was also a clerk for Luttig. Pence relied on Luttig’s guidance when he decided to defy Trump and certify the results of the election on January 6.

Persons: Washington CNN — J, Michael Luttig, Mike Pence, Republican Party ”, Donald Trump, ” Luttig, Pence, CNN’s Poppy Harlow, ”, Luttig, Trump, Jack Smith, Harlow, he’d, John Eastman Organizations: Washington CNN, Republican Party, Democratic Party, CNN, GOP, Trump, Republican Party for America Locations: United States of America

☆ Trump’s surreal arraignment day in Washington augurs ominous days ahead
▼ + stars: | 2023-08-04 | by ( Stephen Collinson | ) edition.cnn.com time to read: +11 min

He was irked, sources familiar with his mindset told CNN’s Kaitlan Collins, that the judge referred to him simply as “Mr. Any alternative Republican president could find themselves besieged by demands from Trump supporters for a pardon that, if granted, could overshadow their entire presidency. The California Republican compared Trump’s behavior to the complaints by supporters of past Democratic presidential nominees Al Gore and Hillary Clinton, who complained of electoral irregularities. A few Democrats objected to certifying Trump’s election in Congress is 2016, but Clinton did not challenge it in the courts. But their blind spot on Trump’s far worse, Constitution-threatening conduct shows just how far he has changed their party.

Persons: Donald Trump, Trump, –, CNN’s Kaitlan Collins, Jack Smith –, “, ” Trump, pardoning, J, Michael Luttig, ” Luttig, ”, Geoff Duncan, ” Duncan, Richard Nixon, ” Nixon, Smith, Alberto Gonzales, George W, Bush, Ty Cobb, CNN’s Erin Burnett, Cobb, Elliot Williams, Biden’s, Kevin McCarthy, Al Gore, Hillary Clinton, ” McCarthy, Gore, Clinton, Kinzinger, Biden, Hunter Organizations: CNN, Washington, Republican, Capitol, Trump, Justice Department, Department of Justice, White, GOP, California Republican, Democratic, Supreme, CNN Republicans, Republicans Locations: America, United States, New Jersey, Georgia, California, China, Ukraine, Bedminster

☆ Trump: Why a third indictment of the former president could be such a profound stain on his legacy
▼ + stars: | 2023-07-19 | by ( Stephen Collinson | ) edition.cnn.com time to read: +11 min

Smith has not tipped his hand over what charges Trump could face. Former Trump lawyer Ty Cobb told CNN’s Erin Burnett on Tuesday that any potential indictment relating to election interference ought to be viewed as a particularly historic stain. How a new indictment could impact the GOP presidential raceThe possibility of another indictment against Trump also raises new political questions. “If you notice recently, President Trump went up in the polls and was actually surpassing President Biden for reelection. A third indictment would also further fuse Trump’s legal campaign and political one.

Persons: Donald Trump, Trump, Jack Smith’s, Smith, who’s, –, “, ” Trump, Joe Biden, ”, Trump’s, Ty Cobb, CNN’s Erin Burnett, ” Cobb, J, Michael Luttig, Jack Smith, ” Luttig, Jeffrey Sloman, Dana Nessel, CNN’s Jake Tapper, Ron DeSantis, we’ll, I’ll, ” DeSantis, Nikki Haley, ” Haley, Kevin McCarthy –, Biden, ” McCarthy, he’s, he’d, Hillary, Aileen Cannon, Cannon, David Harbach Organizations: CNN, Justice Department, GOP, Democratic, Congress, Trump, Law, Southern, Southern District of, Democrat, Wolverine State, Florida Gov, ” Former South Carolina Gov, Fox News, Republican, Capitol, Oval, Republican National Convention Locations: Manhattan, Lago, Florida, Iowa, United States, Southern District, Southern District of Florida, ”, Trump’s, Georgia, Trump

CNN —Conservative retired federal judge J. Michael Luttig has called the Republican Party base “spineless” for its continued support of former President Donald Trump and submitted that the GOP is destroying itself. Nor ought it be saved,” Luttig said in a scathing New York Times op-ed published Sunday. Luttig, a former judge on the 4th US Circuit Court of Appeals, was a key witness at the January 6 committee hearings last year. He also name-checked prominent Republicans who have stopped short of throwing their political support to Trump but have attacked the Justice Department over its investigations into the former president. “Both Governor DeSantis and Mr. Pence pledged – in a new Republican litmus test – that on their first day in office they would fire the director of the F.B.I., the Trump appointee Christopher Wray, obviously for his turpitude in investigating Mr. Trump,” Luttig wrote.

Persons: J, Michael Luttig, Donald Trump, Mr, Trump, –, Biden, ” Luttig, Luttig, Clarence Thomas, Mike Pence’s, John Eastman, Pence, “, DeSantis, Christopher Wray, ” Organizations: CNN — Conservative, Republican Party, GOP, Espionage, New York Times, Trump, Republicans, Justice Department, Republican

☆ Dispute over North Carolina congressional districts tees up major elections case at Supreme Court
▼ + stars: | 2022-12-01 | by ( Https | Media-Cldnry.S-Nbcnews.Com Image Upload Newscms Lawrencehurley_Pic.Jpg | Lawrence Hurley | ) www.nbcnews.com time to read: +9 min

WASHINGTON — When the North Carolina Supreme Court struck down the Republican-drawn congressional district maps in February, Rep. Tim Moore, the Republican speaker of the state’s House of Representatives, reached for some potent ammunition. Moore said in an interview that he backed the theory because it is the only way to challenge a state court ruling that he believes was not based on law or precedent. Republicans, led by Moore, immediately asked the Supreme Court to reinstate the maps. Gary D. Robertson / AP fileThe independent state legislature theory claims state legislatures have the final say over election laws, potentially shielding their actions from state courts. He also said he believed that the governor had the power to veto elections legislation, a procedure cast into doubt by at least one interpretation of the independent state legislature theory.

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