Former US President Donald Trump on Tuesday (local time) appealed a ruling by Maine's Secretary of State Shenna Bellows that barred him from the state ballot under the 'insurrection clause' of the US Constitution over his role in instigating the January 6, 2021 attack on the US Capitol. He is also expected to ask the US Supreme Court to rule on his eligibility to return to the White House related in a related case in Colorado.
Notably, Bellows became the first secretary of state in US history to disqualify a presidential candidate from the elections under the rarely-used Civil War-era Section 3 of the 14th Amendment. The provision bars anyone who "engaged in insurrection" from holding office.
Trump's appeal argued that Bellows had no jurisdiction in the matter and asked that she be required to place the former President on the March 5 primary ballot. The appeal also alleges that the Maine Secretary of State abused her discretion and relied on "untrustworthy evidence".
"The secretary should have recused herself due to her bias against President Trump, as demonstrated by a documented history of prior statements prejudging the issue presented," Trump's attorneys said. Meanwhile, Bellows said that her ruling was suspended pending the outcome of the expected appeal.
"This is part of the process. I have confidence in my decision and confidence in the rule of law. This is Maine's process and it is really important that first and foremost every single one of us who serves in government uphold the Constitution and the laws of the state," she said.
The insurrection clause against Trump
Section 3 of the 14th Amendment, or the insurrection clause, is a Civil War-era provision that bars people from holding office for engaging in "insurrection or rebellion" against the United States or "giving aid or comfort to the enemies" of the nation after taking oath to support the Constitution. The Amendment was passed in 1866 and ratified by the states in 1868.
The Colorado ruling against Trump was the first time a US presidential candidate was disqualified under the clause, while Maine's secretary of state was the first top election official to strike a candidate from the ballot under this clause. These rulings come from Trump's alleged attempts to overturn the results of the 2020 elections and his involvement in the Capitol attack in January 2021.
The US Supreme Court has never issued a decision on Section 3 before the Colorado court's 4-3 ruling to bar Trump from the state ballot. Trump's critics have filed dozens of lawsuits seeking to disqualify him from the ballot in multiple states.
The slim margin of the Colorado ruling also represents the first time a disqualification appeal against Trump had succeeded, as all previous attempts had failed. However, critics of the Colorado judgement warned that it was an overreach and that the court could not simply declare that the January 6 attack was an "insurrection".
Trump's lawyers argue that the insurrection provision is not intended to apply to the president, contending that the oath for the top office in the land is not to "support" the Constitution but instead to "preserve, protect and defend" the Constitution. They also argued that the presidency is not explicitly mentioned in the amendment, which drew a scathing response from the Colorado Supreme Court.
Some conservatives warn that, if Trump is removed, political groups will routinely use Section 3 against opponents in unexpected ways. They also suggested that the same clause could be used to remove Vice President Kamala Harris, because she raised bail money for people arrested after George Floyd's murder at the hands of Minneapolis police in 2020.
Trump's future
Trump faces four indictments, including two federal cases related to him unlawfully attempting to reverse his 2020 election loss to Democrat Joe Biden and another over his handling of classified documents upon leaving office. He has also been indicted in New York state court for hush money payments paid to a porn star ahead of his 2016 election win and in Georgia over his efforts to overturn the 2020 election.
However, his position as a Republican frontrunner remains dominant. A Reuters/Ipsos poll in early December found that 52 per cent of self-identified Republican voters would vote for Trump even if he were convicted of a felony by a jury, and 46% would vote for him if he were serving time in prison.
He has not been charged with insurrection as of yet, and with the Michigan ruling that upheld the role of Congress in deciding his candidacy, Trump is all but set to enter the electoral fray as the most-favoured candidate over the likes of others like Ron DeSantis or Nikki Haley.
(with inputs from AP)
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