"They’re p*ssed." That’s how an unnamed source described the Biden team’s reaction to the news that the all-Democratic Party-appointed Colorado Supreme Court had banned Donald Trump from appearing on next year’s presidential ballot.
That’s exactly the right reaction. The White House's Christmas wish should be for this issue to become a short, holiday story, quietly resolved by a succinct, unanimous 9-0 decision from the Supreme Court.
The legal arguments for the court’s decision are complicated and nuanced. The political consequences are not.
Many in my party wrongly think we can remove Trump from the ballot and not face political consequences.
If the recent New York Times poll is correct, the way we Democrats win this election is by having non-likely voters who support Trump stay home. Choices like this from unelected judges will rile up those voter and bring them out in masse.
Though the language of the 14th Amendment allows for a presidential candidate to be disqualified if, as an elected official, they "engaged in an insurrection or rebellion against" the United States, Trump has never been convicted of such a crime in a court of law.
I disdain Trump, but he’s eligible to run for election.
In fact, he’s never even been charged with this crime. Special Counsel Jack Smith has been a thorough and diligent prosecutor of the events surrounding the January 6, 2021, attack on the United States Capitol. He’s indicted the former president on four counts but notably didn’t accuse him of inciting an insurrection.
Why? Simply put — there’s not enough evidence to prove it beyond a reasonable doubt in a court of law.
The only trial that Trump has faced regarding the events of January 6 was in the United States Senate. He was acquitted.
TRUMP DECISION SPLITS COLORADO SUPREME COURT ALONG ELITE EAST COAST LAW SCHOOLS, DENVER LAW LINES
Democrats rightly talk about due process being the heart of the progressive tradition. Do we only allow due process for our political allies or for each and every citizen of the United States — even Donald John Trump?
The only authentically progressive answer is a resounding ‘yes.’
I disdain Trump, but he’s eligible to run for election.
Democrats must work to end activists’ obsession with disqualifying Trump from the ballot through the 14th Amendment.
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This fixation highlights a rift within the Democratic coalition and distracts us from the main issue of winning the election at the ballot box.
We must stress to our voters that they shouldn’t expect the courts to stop Trump and that their active participation in the upcoming election is the only pathway to victory.
Democrats don’t say this enough, but Joe Biden has been an extraordinary president. On the night of his election three years ago, he promised to be a president for all Americans — whether or not they voted for him.
He’s delivered on that promise.
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We should be proud to run him as our party’s standard-bearer in 2024 and do what it takes to get him across the finish line.
How do we do that? End the myopic 14th Amendment obsession, re-enter the politics of the real world, and be evangelists in our community for a president who has defied all odds to make life better for American families.