Trump appeals Maine decision to stay on ballot
OAN’s Daniel Baldwin
2:50 PM – Tuesday, January 2, 2024
Former President Donald Trump has filed an appeal against a ruling by Maine’s Democrat secretary of state that disqualified him from running for office in the state.
Shenna Bellows accused Trump of participating in an insurrection on January 6th, 2021, which led to his disqualification from the ballot.
“President Trump is aggrieved by that final order because: (1) the Secretary was a biased decisionmaker who should have recused herself and otherwise failed to provide law due process; (2) the Secretary had no legal authority under 21-A MRS. §§ 336 or 337or any other Maine statute to consider the federal constitutional issues presented by the Challengers; (3) the Secretary made multiple errors of law and acted in an arbitrary and capricious manner; and (4) President Trump will be illegally excluded from the ballot as a result of the Secretary’s actions,” the appeal read.
Bellows became the first secretary of state to bar a candidate from seeking office under Section 3 of the 14th Amendment. The Trump legal team argues that Bellows did not have the authority or jurisdiction to make such a decision.
“Relief is sought on the grounds that the Secretary’s Ruling was the product of a process infected by bias and pervasive lack of due process; is arbitrary, capricious, and characterized by abuse of discretion; affected by error of law; ultra vires; and unsupported by substantial evidence on the record,” Trump’s attorneys wrote.
Trump’s legal team had requested that Bellows recuse herself from making this decision, citing her past statements on X, formerly known as Twitter, regarding Trump’s alleged role on January 6th.
“One year after the violent insurrection, it’s important to do all we can to safeguard our elections,” Bellows wrote in 2022.
Bellows had put a temporary hold on her ruling until the Maine Superior Court made a decision on the matter.
Trump’s attorneys are also planning to appeal to the U.S. Supreme Court regarding the Colorado Supreme Court’s decision to bar him from the ballot in that state as well.
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How does Trump’s legal team assert that the decision-maker in this case, Shenna Bellows, demonstrated bias and exceeded her authority?
]ar the ruling in federal court if necessary. They argue that the disqualification is a violation of Trump’s constitutional rights and an abuse of power by the secretary of state.
The decision to disqualify Trump from running for office in Maine stems from his alleged participation in the January 6th insurrection at the U.S. Capitol. Shenna Bellows, Maine’s Democrat secretary of state, accused Trump of inciting the violence that took place on that day. She argued that Trump’s actions were in direct violation of the 14th Amendment, specifically Section 3, which prohibits anyone who has engaged in insurrection or rebellion against the United States from holding public office.
In response, Trump filed an appeal, arguing that Bellows was a biased decision-maker who should have recused herself from the case. Trump also claims that Bellows had no legal authority under Maine statutes to consider the federal constitutional issues raised by the challengers. He further asserts that Bellows made multiple errors of law and acted in an arbitrary and capricious manner.
Trump’s legal team argues that Bellows’ decision is a clear violation of his due process rights and that she exceeded her authority and jurisdiction in making such a determination. They contend that the disqualification is ill-founded and lacks substantial evidence to support it. Trump’s attorneys have requested relief from the court, seeking a reversal of Bellows’ ruling.
In addition to their legal arguments, Trump’s team points to past statements made by Bellows on X (formerly known as Twitter) as evidence of bias. They cite a statement made by Bellows in 2022, where she emphasized the importance of safeguarding elections in the wake of the violent insurrection. Trump’s legal team argues that these past statements demonstrate Bellows’ prejudgment of the case and raise concerns about her impartiality.
While Bellows had initially placed a temporary hold on her ruling, awaiting a decision from the Maine Superior Court, Trump’s legal team is prepared to take the case to federal court if necessary. They are determined to fight against what they perceive as an unjust disqualification from running for office in Maine.
The outcome of this appeal will have significant implications for Trump’s political future in the state of Maine. If successful, it would potentially allow him to run for office, while a failure would further solidify his disqualification. The legal battle between Trump and Bellows highlights the ongoing debate over the role of past actions in determining eligibility for future political candidacy. As the case moves forward, it will be closely watched by political observers and legal experts alike.
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