Former president Donald Trump’s audacious claim of weaponization of the justice system by the government against him has been a potent albeit mendacious claim that has certainly found its mark.
The twice impeached ex-president has invoked this narrative all the way to GOP presidential frontrunner status since the first indictment was lodged against him in Manhattan. Four criminal indictments and 91 counts later, the Teflon politican finds his tale of weaponization has come to fruition.
This time, however, it is not the government or progressive liberals, as Trump likes to audaciously claim, that are seeking to take down the accused insurrectionist. This time, it is conservatives and one-time republican supporters of Donald Trump readying their aim directly at the ex-president.
These supporters-turned-critics are hoping a statute from a by-gone era finds its mark to prohibit Donald Trump’s name from appearing on the ballot in next year’s election.
Conservative law professors William Baude and Michael Stokes Paulson, affiliated with the Federalist Society--an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution--stunned legal and political observers when arguing in a law review article that Trump, due to his actions surrounding Jan. 6, does not qualify to serve as president.
The authors conclude that Trump could be rendered ineligible “by every official, state or federal, who judges qualifications…” The idea quickly gained momentum when a follow-up article appeared in The Atlantic titled, “The Constitution Prohibits Trump from Ever Being President Again.”
That article was penned by retired federal judge, J. Michael Luttig, a Bush 43 appointee and noted conservative jurist and Harvard law professor emeritus, Lawrence Tribe. These legal tomes, combined, set off an avalanche of cascading lawsuits across 12 states to keep the former Commander-in-Chief off the ballot in next year’s election. Equally shocking, some of these efforts are being led by members of Trump's own political party.
Michael Luttig, a retired federal judge who was an adviser to former Vice President Mike Pence, testifies as the House select committee investigating the Jan. 6, 2021, attack on the Capitol holds a hearing at the Capitol in Washington, Thursday, June 16, 2022. (AP Photo/Susan Walsh)
At issue is a little known provision within the 14th amendment, Section 3, ratified three years after the U.S. Civil War.
Section Three states:
"No person shall be…elector of President… or hold any office, civil or military, under the United States, who, having previously taken an oath…as an officer of the United States…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof…"
Section 3 was enacted to address the deeds and actions of traitorous former confederates and prevent them from regaining power. There has never been a time in the modern era where the provision was used successfully to stop or bar an individual from serving in federal office. Now, secretaries of state from across the country are grappling with how to address this potential constitutional crisis.
A former Trump supporter that was also endorsed by the ex-president is leading the charge in bellwether New Hampshire. Former New Hampshire Republican Senate candidate Bryant Messner, a self-described “constitutional conservative,” plans to challenge Donald Trump’s appearance on the ballot in New Hampshire when the filing period opens.
The Granite State will be one of the first to cast ballots determining its GOP nominee in early 2024. It is also a battleground state that both political parties will aggressively vie for in the general election.
Messner stated: “So, my position is let’s find a way for this to get into the court system as soon as possible. And then hopefully we can expedite through the legal system, to get it to the Supreme Court as soon as possible.”
Many legal experts believe invoking the 14th amendment is a long shot. They point to a lack of clarity in federal and state laws on how to prevent someone from serving under the 14th amendment. Additionally, none of the crimes currently facing Trump allege sedition or rebellion, which some legal scholars believe makes it harder to argue the provision applies to the ex-president.
Others point out that because he was acquitted in the Senate of "incitement of insurrection" by a vote of 57-43 following impeachment by the Democratic-led House in 2021 make this novel challenge out of reach.
Still, the Trump campaign is not taking any chances. In a letter to David Scanlan, the Secretary of State of New Hampshire, signed by a coterie of republican officeholders, the Trump campaign wrote:
“There is no legal basis for these claims to hold up in any legitimate court of law…The opinions of those perpetuating this fraud against the will of the people are nothing more than a blatant attempt to affront democracy and disenfranchise all voters and the former President.”
In another partisan twist of fate, a GOP election lawyer, with previous ties to three of the Republican campaigns vying for the presidential nomination, joined the effort to prohibit Trump's name from appearing on the ballot in 2024.
Jason Torchinsky, a partner with a Virginia-based law firm, is meeting with fellow Republicans and Democrats to explore using the 14th Amendment to disqualify the criminal defendant from holding office.
Attorney Jason Torchinsky argues during a hearing in Sacramento Superior Court, Wednesday, Oct. 31, 2012 (AP Photo/Rich Pedroncelli)
Many believe this is an issue that will ultimately be decided by the Supreme Court. Until then, in an election that is expected to be won by the thinnest of margins, one battleground state is all it takes to decide this novel argument has merit and tip the political scales in an outcome unfavourable to Trump.
Adding to the cavalcade of challenges to Trump's ballot presence, a liberal group filed a lawsuit to block the mercurial republican presidential frontrunner from the 2024 presidential ballot in Minnesota. This is the second lawsuit of its kind in as many weeks seeking to disqualify the ex-president on the basis of his actions surrounding Jan. 6.
The ex-president has used the “weaponization of the government” narrative as a cudgel against his opponents and as fuel to energize his supporters. Trump's opponents have revealed themselves and the threat to his candidacy grows more immediate.
No longer just imaginary enemies but a growing cadre of republicans steeped in conservative values. The threat now looms from within the ex-president’s own ranks. Using a dusted off relic from another fraught period in the nation's history. Honing it; sharpening it; hoping it will end Trump’s foray into American politics once and for all. Much like the series of potential jury trials that await Trump in 2024, all it takes is just one.
Eric Ham is a bestselling author and former congressional staffer in the U.S. Congress. He served as a contributor to TheHill.com and The Washington Diplomat. He resides in Washington, DC.
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
The Edmonton Oilers weathered a late Vancouver Canucks charge on Monday night, beating the hosts 3-2 to win their seven-game second-round playoff series in the decisive showdown.
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
Microsoft wants laptop users to get so comfortable with its artificial intelligence chatbot that it will remember everything you're doing on your computer and help figure out what you want to do next.
A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.
It was an unusual morning for Regina's Fire and Protective Services (RFPS) — a fire rescue team was called in to assist after a man became trapped in the bucket of a garbage truck.
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
A 35-year-old woman is in critical condition after the pick-up truck she was driving was struck by a Via Rail passenger train Monday morning in Quebec's Monteregie region.
Former investors of the self-styled “Crypto King” say they are watching his social media accounts and worried his displays of wealth are signs he’s spending their money, even now, as another large expense tied to Aiden Pleterski has triggered a previously unreported lawsuit.
For those who go to their local libraries often, they know there’s much more to their library than just borrowing books. Local libraries in Atlantic Canada are now renting out a broader range of items for people.
The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.
A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
Fast-moving storms with strong winds, large hail and apparent tornadoes swept Oklahoma and Kansas, while Houston made progress in recovering from last week's deadly storms.
The chief prosecutor of the world's top war crimes court sought arrest warrants Monday for leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, over actions taken during their seven-month war.
A video link between New York City and Dublin that was shut down due to inappropriate behaviour on both sides of the Atlantic has reopened with new security measures.
Former South African president Jacob Zuma was disqualified Monday from running for a Parliament seat in next week's national election because of a previous criminal conviction.
The federal government is launching what it calls its 'national action plan' to combat auto thefts, which will include stronger penalties for thieves, and increased information sharing between police agencies, government officials and border enforcement.
When MPs file back in to the House of Commons on Tuesday, it will be for the final five-week parliamentary push before hitting the barbecue circuit. Looking ahead to what could be a raucous rush to the summer hiatus, CTVNews.ca spoke with top House representatives to get a sense of what's atop their priority list.
Industry Minister Francois-Philippe Champagne says it's 'untenable' for 'smaller players' like Walmart and Costco to delay signing on to the government- and industry-led grocery code of conduct, now that industry giant Loblaw has agreed to do so.
A new study has linked the legalization of cannabis with a rise in the number of Ontario seniors visiting emergency rooms.
British authorities and the country's public health service knowingly exposed tens of thousands of patients to deadly infections through contaminated blood and blood products, and hid the truth about the disaster for decades, an inquiry into the U.K.'s infected blood scandal found Monday.
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
OpenAI says it plans to halt the use of one of its ChatGPT voices after some users said it sounded like Scarlett Johansson, who famously voiced a fictional, and at the time futuristic, AI assistant in the 2013 film 'Her.'
Microsoft wants laptop users to get so comfortable with its artificial intelligence chatbot that it will remember everything you're doing on your computer and help figure out what you want to do next.
A two-story building burned to the ground more than 2,000 years ago in the Pyrenees mountains of northeastern Iberia in Spain. The inferno consumed the wooden structure, situated in an Iron Age settlement, killing six animals penned in the stable.
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
A month before Kevin Costner puts the first instalment of his multi-chapter western 'Horizon: An American Saga' into theatres, the actor-director came to the Cannes Film Festival to unveil his self-financed passion project.
As Saudi Arabia liberalizes some aspects of its society Seera, an all-women psychedelic rock band that blends traditional Arabic melodies with the resurgent psychedelia of bands like Tame Impala, represents the way women now are finding their voice and expressing themselves through the arts in a nation long associated with ultraconservative Islam and the strict separation of the sexes.
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
An international aerospace company is using North Bay, Ont.’s airport as a testing centre this month.
Around 15,000 people passed through Red River Exhibition Park this weekend to mark the 19th annual Manito Ahbee Festival celebrating Indigenous culture and heritage.
Those who want to climb one of the most popular trails of the iconic Japanese Mount Fuji will now have to reserve ahead and pay a fee as the picturesque stratovolcano struggles with overtourism, littering and those who attempt rushed 'bullet climbing,' putting lives at risk.
Italy has dozens of secret smaller lakes that boast superb scenery, unknown to mass tourism, where locals get together on day trips and enjoy picnics.
The Edmonton Oilers weathered a late Vancouver Canucks charge on Monday night, beating the hosts 3-2 to win their seven-game second-round playoff series in the decisive showdown.
Danny Jansen had a three-hit, five-RBI outing that included a two-run, seventh-inning homer in the Blue Jays 9-3 win against the Chicago White Sox 9-3 in the three-game series opener on Monday.
Questions about how the team is going to handle the absence of star winger Brock Boeser from a do-or-die game seven dominated pre-game interviews with the Vancouver Canucks coach and players Monday morning.
Almost everyone is guilty of distracted driving at one point and time, but according to a report from Transport Canada using their most recent data from 2021, 25 per cent of fatal crashes involve speeding, while another 20 per cent involve distracted driving.
Industry Minister François-Philippe Champagne says federal opposition parties should be 'celebrating' the recently announced electric vehicle deals, despite their criticisms the Liberals refuse to make public the terms and conditions laid out in the contracts.
It’s a good time to be in the market for a used Tesla.
A sanctuary dedicated to animals with disabilities is celebrating the third birthday of one of its most popular residents.
Catching 'em all with impressive speed, a 7-year-old boy from Windsor, Ont. who only started his competitive Pokémon journey seven months ago has already levelled up to compete at a world championship level.
2b Theatre recently moved into the old Video Difference building, seeking to transform it into an artistic hub, meeting space, and temporary housing unit for visiting performers in Halifax.
A B.C. woman says her service dog pulled her from a lake moments before she had a seizure, saving her life.
A Starbucks fan — whose name is Winter — is visiting Canada on a purposeful journey that began with a random idea at one of the coffee chain's stores in Texas.
Members of Piapot First Nation, students from the University of Winnipeg and various other professionals are learning new techniques that will hopefully be used for ground searches of potential unmarked grave sites in the future.
ALS patient Mathew Brown said he’s hopeful for future ALS patients after news this week of research at Western University of a potential cure for ALS.
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
A 3-2 defeat by the Edmonton Oilers Monday night ended the playoff run for the Vancouver Canucks.
Two people were transported to hospital Monday, including one in an air ambulance, after a serious crash closed the Sea-to-Sky Highway in both directions.
Mounties in southeastern British Columbia are searching for the occupants of a vehicle that allegedly fled from police after a reported "firearms incident" on Monday.
Former investors of the self-styled “Crypto King” say they are watching his social media accounts and worried his displays of wealth are signs he’s spending their money, even now, as another large expense tied to Aiden Pleterski has triggered a previously unreported lawsuit.
A man has been taken to the hospital in serious condition after being stabbed in Scarborough on Monday night, say Toronto paramedics.
A woman is dead and a suspect is outstanding after a stabbing at a Mississauga hotel on Monday morning, police say.
Inflation does not appear to exist at Dane's Lemonade Stand. "No, it does not," Dane Benesh said. Monday, in Copperfield, a tall glass of his lemonade cost the same $1 it did when he started in 2018.
The United Conservative Party says it has gathered a panel of medical experts for a town hall meeting next month that's expected to discuss the safety of COVID-19 vaccines in children.
The goal at Calgary's Genesis Centre on Monday was to make sure every single kid who walked through the doors felt included.
Thousands came out for the final day of the Canadian Tulip Festival on Victoria Day
The St. Laurent LRT station will remain closed until at least Wednesday as OC Transpo continues to repair and inspect damaged ceiling tiles and concrete above both rail platforms.
Stittsville residents on Kearnsley Way are seeking answers after an unusual bylaw crackdown on Friday. Every home with a basketball net received a ticket instructing homeowners to remove their nets from the road.
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
A two-year-old child was found unconscious in a residential swimming pool in the municipality of Saint-Apollinaire, in Quebec's Chaudière-Appalaches region, around noon on Monday, Quebec provincial police say.
A jury has found a 21-year-old man guilty of second-degree murder in the stabbing death of Montreal teenager Jannai Dopwell-Bailey outside his school in 2021.
The Edmonton Oilers weathered a late Vancouver Canucks charge on Monday night, beating the hosts 3-2 to win their seven-game second-round playoff series in the decisive showdown.
A wildfire that forced thousands of people to evacuate several Fort McMurray neighbourhoods last week is no longer classified as out-of-control.
Kevin Kossowan isn't going to the grocery store to find ingredients for dinner. Instead, he's searching for them in the wild in places such forested land he owns north of Rochester, Alta.
Police have charged a man with multiple firearm-related offences after an incident outside a pharmacy in Meteghan, N.S., last week.
New Glasgow Regional Police have arrested a man after receiving reports of someone with a knife at a business on Westville Road in New Glasgow, N.S., on Saturday.
Thousands flocked to Saint John’s Waterfront Container Village over the May long weekend to see what’s new at the popular uptown location.
Premier Wab Kinew announced Monday a byelection will be held in Tuxedo on June 18.
Winnipeg police is investigating after a woman was hit by a vehicle and later died from her injuries Sunday.
Flashes of purple darting across the sky mixed with the serenading sound of songs will be noticed more with spring in full force in Manitoba.
There's bound to be many new faces in the province's legislature later this year. Nearly half of Saskatchewan Party members elected in 2020 will not be representing the party on the ballot this fall.
The Regina Police Service (RPS) has released very few details surrounding a shooting involving the service's Special Weapons and Tactics Team (SWAT).
In their first Canadian Football League (CFL) pre-season game of the year, the Saskatchewan Roughriders defeated the Winnipeg Blue Bombers.
A 56-year-old has been airlifted to hospital with serious injuries after live ammunition exploded in a fire in Haldimand County, Ont.
A police investigation is underway after a jewellery store at Fairview Park Mall in Kitchener was robbed.
Waterloo Regional Police are looking to identify a person in connection to a weekend shooting in Waterloo.
Canada’s weather service has issued an advisory about the potential of funnel clouds forming over the City of Saskatoon.
A Saskatchewan man who had a sexual encounter with a 15-year-old girl he met on Tinder successfully appealed to shorten release conditions barring him from online dating.
The Sikh culture in Saskatoon is growing, and the massive turnout at the Nagar Kirtan parade on Sunday put the strength of their community on full display, as thousands walked up a span of Attridge Drive.
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
East Algoma Ontario Provincial Police have charged one person in Elliot Lake in connection with an ongoing neighbour dispute.
A 33-year-old from Espanola was killed Sunday following a collision between a motorcycle and a passenger vehicle on Highway 144.
A small memorial service held in front of London City Hall Monday intended to send a message to politicians, the plans to solve the homeless crisis need to move more quickly.
An ATV driver has been taken to hospital with serious injuries after colliding with a dirt bike in South Bruce.
The Special Investigations Unit is investigating after a 30-year-old London man sustained injuries while being arrested.
The weather warning for severe thunderstorms has been lifted in Simcoe Muskoka.
A new cenotaph was unveiled in Warminster on Sunday.
A 19-year-old driver was caught driving double the posted speed limit in Innisfil on Sunday.
Windsor police officers are investigating after multiple shots were fired at a vehicle on Erie Street.
Chatham-Kent police are looking for suspects after liquor and electronics were stolen from a local business.
Windsor police are warning the public about cryptocurrency scams in the community.
The mayor of the Northern Rockies Regional Municipality in British Columbia says drones are endangering helicopters being used to fight wildfires near Fort Nelson, which was ordered evacuated earlier this month.
Two people were transported to hospital Monday, including one in an air ambulance, after a serious crash closed the Sea-to-Sky Highway in both directions.
Questions about how the team is going to handle the absence of star winger Brock Boeser from a do-or-die game seven dominated pre-game interviews with the Vancouver Canucks coach and players Monday morning.
One person is dead after a fight in Penticton early Sunday morning, according to authorities.
A suspect is at large after robbing a convenience store at gunpoint in Merritt, B.C., Friday, according to local police.
After four targeted shootings in four days, Mounties in Kamloops are taking the unusual step of warning the public about two men they believe are likely to be targeted in future violent incidents.
With just over two minutes remaining in the first overtime, Mirko Buttazzoni scored to give the Bandits a 4-3 victory over the Sherwood Park Crusaders Saturday in Brooks.
The Sherwood Park Crusaders got some great goaltending from Erick Roest Friday night on the way to a 4-3 victory over the Brooks Bandits.
The average home price in Lethbridge has jumped 11.6 per cent in the last year. A home in Lethbridge now costs just over $374,000 on average. That's according to the latest data from the Alberta Real Estate Association.
A man with a history of dangerous behaviour has been charged with pulling the fire alarm at the hospital in Elliot Lake.
East Algoma Ontario Provincial Police have charged one person in Elliot Lake in connection with an ongoing neighbour dispute.
A 24-year-old in Sault Ste. Marie has been charged following a bizarre incident in which the suspect got themselves in trouble when police were in the area for another call.
79-year-old Madonna Wilkinson has been playing the accordion since she was 15, when she picked one up that had been left behind at one of her parents' rollicking parties in the oceanside town about 25 kilometres north of St. John's, N.L. She has played Sunday masses and St. Patrick's Day parties, and community events of all kinds.
Canada's new $10-a-day child care program is expanding, but there's growing evidence that demand for the program is rising even faster, leaving many parents on the outside looking in.
A new study shows an Atlantic salmon population in southern Newfoundland is disappearing, and it says nearby aquaculture operations are a likely contributor to the decline.
The Shopping Trends team is independent of the journalists at CTV News. We may earn a commission when you use our links to shop. Read about us.
