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Aug. 23, 2023 - Lionel Nation

12:04

What Nobody Gets About Disqualifying Trump Through the 14th Amendment

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	I'm going to make this very easy for you.
	Let me start off by saying that there are some great friends of mine, and people I've never met, but people I respect who are on this here podcast, YouTube thing.
	By God, they are so smart, and I respect their opinion, and the great lawyers and law professors and folks, and they're always talking about the Constitution.
	Oh, the Constitution, the Constitution, the 14th Amendment, Section 3. There's no way!
	There's no way, they say, that Trump could ever be disqualified.
	No way!
	You've heard it.
	And they have impeccable logic.
	And what they're saying makes sense.
	It would be great for a law school exam, for a blue book as we used to call it.
	It'd be terrific!
	And you look at sections, let me explain this to you in case you've just tuned in.
	No spoiler alerts here.
	There is a specific section under the 14th Amendment that prohibits people from running for office or being elected who once Swore fealty, took an oath to uphold the Constitution, and then, later on, did some naughty things.
	And it says, this is 40th Amendment, Section 3. No person shall be a senator or representative in Congress or electorate or president or vice president or hold any office, civil or military, under the United States or under any state who...
	Having previously taken an oath as a member of Congress or as an officer of the United States or as a member of any state legislature or as an executive or judicial officer of any state 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.
	But Congress may, by a vote of two-thirds of each House, remove such disability.
	Okay, I forgot that.
	So what it says is, whoever shall have engaged in insurrection or rebellion against the same, against the United States.
	Now, question is, did Donald Trump engage in rebellion or insurrection?
	You say no, I say no, they say yes.
	Who wins?
	Oh, we win.
	Because we're right.
	Wrong.
	Who do you think this is?
	You think you're going to go to a court and say, hey, hey, hey, you can't do that.
	What is the court going to do?
	Is this a kind of a political thing?
	Is this something that deals with the rules of, you know, the House and the Senate?
	Oh, they'll get around this.
	Believe me, whoever's in charge, and if the people in charge are the Democrats, they'll get around it.
	But there's just one thing about Section 4. But you see, a lot of people are suggesting that this only applies to the Civil War.
	This is the Civil War.
	This isn't any other insurrection.
	This was written, the 14th Amendment was written post-Civil War.
	And the idea of the 14th Amendment, the whole 14th Amendment was in view of the Civil War.
	But the Equal Protection Clause was written in there too.
	It doesn't apply just because of the Civil War.
	But listen to this one.
	The validity of the public debt of the United States authorized by law including debts incurred for payment of pension and bounties for services in suppressing insurrection and rebellion shall not be questioned.
	But neither the United States nor any state shall assume or pay any debt or obligation incurred in an aid of insurrection or rebellion against the U.S. or any claim for the loss or emancipation of any slave.
	So as some folks are saying, like the great Professor Dershowitz, he's saying, this is clearly because this is Civil War.
	This isn't January 6th.
	This is about the Civil War.
	There's no slavery.
	What are you talking about?
	It's the wrong thing.
	It's the wrong section.
	The wrong, not statute, but the wrong constitutional provision.
	None of this applies.
	It's ridiculous.
	You're wasting our time.
	Great.
	But a whole bunch of other people like Larry Tribe and a whole bunch of lawyers, conservatives from the Federalist Society and others, conservative judges who say, oh, absolutely.
	In fact, they say this is self-executing.
	You don't really need to do anything.
	That his Secretary of State could just, on his or her own, say, no, I'm not going to allow Mr. Trump on the ballot here because he can't.
	Wait a minute, what?
	Well, he was involved in insurrection.
	Wait a minute.
	He wasn't convicted of insurrection.
	He wasn't charged with insurrection.
	You don't have to be charged with insurrection in a criminal court or convicted.
	What are you talking about?
	What are you talking about?
	Does it make any sense?
	It just says who having been...
	Well, what's the criterion for...
	I don't know.
	Who shall have engaged in dissurrection or rebellion?
	Engaged?
	Who knows?
	Who knows?
	They make it sound like, oh, there's no way, Trump.
	What are you talking about?
	Yes, there's a way, Trump.
	Yes, you have more people saying he is...
	He is disqualified.
	He cannot run.
	Let me ask you something.
	These same people, imagine if the following took place.
	Somewhere back in time, where somebody were to say, the Secretary of State of some state, looks at this and says, Barack Hussein Obama, wait a minute, that's that guy from...
	Nigeria or Africa or where he's from, right?
	He's not an American citizen.
	What?
	Article 2 says you have to be an American citizen.
	You have to be a natural born citizen.
	35 years old, 14 years.
	He's not a natural born citizen?
	Wait a minute.
	It's right there.
	You don't have to go to court for that.
	You don't have to have an adjudication.
	He's just not.
	What do you mean he's not?
	Well, he's not.
	Do you think Lawrence Tribe and these other people will be going, wait a minute, hold on, hold on.
	No, no, I'm reading this here.
	It's very clear.
	It's very clear, and as the Secretary of State, I am saying he is ineligible.
	Article 2, it says, and by the way, If you want to get rid of him, this guy can be in prison, ask Eugene Debs, 1920.
	High crimes, bribery, treason, other high crimes, misdemeanors, that's to get rid of him, to impeach him, but as far as this goes, I'm not going to, no, I don't think he's a, they would go crazy.
	But he said he was born in Hawaii.
	I don't believe him.
	But Trump wasn't charged with any kind of...
	Well, I have my own standard for that.
	Okay, well, I'm a Secretary of State and I've got my own standard for thinking whether Obama...
	And I don't want to go through that verse or something, but I'm giving this as an example.
	How do you think that would go over?
	Let me tell you something in the bottom line.
	You listen to me and you listen good.
	There's our Constitution and there's Trump's Constitution.
	Trump's got his own Constitution.
	And the Constitution for Trump says, whatever they want to do, whenever they want to do it, at any time, they will do it.
	Because that's who they are.
	It's different for Trump.
	Do you hear what I'm saying?
	It's different for Trump.
	Different set of rules.
	Okay?
	So you can enjoy the discussion.
	It's wonderful.
	Put your money on this.
	If the Democrats are in control, and if they run everything, the DOJ and the courts, Trump is...
	They are never going to let him win.
	Or, I'm not saying, but just like Biden got 81 million votes, Trump could get...
	That would be suggesting that somebody was in charge of the numbers.
	And we're not saying that, are we?
	Come on!
	What are you talking about?
	There's your constitution and my constitution, ours, and then there's Trump's.
	He didn't have a constitution.
	So you can argue about this all day long, okay?
	But as we say in the South, that dog don't hurt.
	Because they're the guys who run the show.
	And if they don't want Trump in, Trump's not getting it.
	And there's nothing you can do.
	And the GOP will do nothing.
	Oh, Jim Jordan will have a hearing.
	He'll subpoena people.
	He'll scream and yell.
	And Ted Cruz will scream and yell.
	And John Kennedy will do that foghorn, leghorn, Andy Devine corn pwn stuff.
	It doesn't matter.
	No.
	We have to address this ourselves.
	By making sure that our representatives and our electors and the people who run this show keep in mind that we're serious this time.
	And if Trump is the nominee, then Trump should be on the ballot.
	It's that simple.
	What do you think, dear friend?
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