Editorial: Is Donald Trump eligible to be president? Depends on how you define “insurrection.”

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The legal question before Wallace is whether Trump’s attempts to stay in office, including fomenting a violent attack on Congress, after losing a free and fair election, were “insurrection” or “reb…

Grant Sullivan from the Colorado Attorney General’s office delivers remarks during a hearing for a lawsuit to keep former President Donald Trump off the state ballot, in court Monday, Oct. 30, 2023, in Denver. The former president’s actions following the November 2020 election were so egregious that returning him to office could pose a serious threat to our democracy, but unfortunately, his insidious lies still carry a following of voters hoodwinked by Trump’s outlandish tale of election fraud.

“The main thing that prompted Section 3 was that they wanted to keep officials who had left to join the Confederacy from returning to office unless they showed that they deserve a second chance to return to office,” Indiana University law professor Gerard Magliocca said Wednesday in his testimony as a constitutional law expert.

“According to the historical sources, an insurrection was any public use of force or threat of force by a group of people to hinder or prevent the execution of the law,” Magliocca said. He cited laws, historical dictionaries from the time, and judicial records referring to treason and insurrection.

“Republicans are constantly fighting like a boxer with his hands tied behind his back. It’s like a boxer. And we want to be so nice. We want to be so respectful of everybody, including bad people. And we’re going to have to fight much harder,”.

In response, the attorneys attempting to keep Trump off the ballot showed a clip from the end of Trump’s rally where people in the crowd began yelling “Invade the Capitol.”

 

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