Top election official considers barring Trump from GOP primary.
New Hampshire Secretary of State Contemplates Barring Trump from Critical GOP Primary
In a controversial move, New Hampshire Secretary of State David Scanlan is considering preventing Donald Trump from appearing on the ballot in the upcoming state primary. This decision is based on a flawed interpretation of the 14th Amendment.
Scanlan, an establishment Republican, has received letters urging him to use the U.S. Constitution to block Trump from participating in New Hampshire’s first-in-the-nation presidential primary, which is only five months away.
“Not being a lawyer and not wanting to make a decision in a vacuum, I will be soliciting some legal opinions on what is appropriate or not before I make any decision,” Scanlan told The Boston Globe on Friday.
At the heart of the matter is the claim promulgated by liberals that Trump “incited insurrection” on Jan. 6, 2021, and that makes him ineligible to run for office again under the 14th Amendment, Section 3.
This amendment, enacted in 1868 after the Civil War, was originally intended to prevent former Confederate politicians and officers from holding federal office.
Scanlan has tried to remain neutral on the issue, stating that he is unsure if Trump actually incited any insurrections. He believes that it is for the courts to decide.
However, it is important to note that Trump has not been convicted or charged with insurrection. In fact, none of the individuals indicted for the Jan. 6 riot have been charged with sedition either.
Despite this, some legal experts argue that Trump can still be disqualified from the presidency under the 14th Amendment. They claim that the disqualification clause operates independently of any criminal proceedings.
On the other hand, not all legal scholars agree with this interpretation. There is a lack of consensus on what constitutes an insurrection or rebellion.
Ultimately, the decision to bar Trump from the primary ballot rests on how one assesses the events of Jan. 6. Some view it as an insurrection, while others see it as a protest that got out of hand.
It is clear that the left and establishment Republicans fear a second Trump presidency. Their desire to stop him is not based on a genuine concern for insurrection, but rather on their fear of losing power.
Source: The Western Journal
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