Prosecuting and disqualifying Trump

Donald Trump has the dubious reputation of being the first and only American president, incumbent or past, to be indicted not just once, not just twice, not even thrice but four times for various criminal offenses, and soon, may be the only former president to be disqualified from running for any position in the United States.

MOREOVER, TRUMP IS THE ONLY US PRESIDENT TO BE ARRESTED at the instance of a grand jury and detained at the notoriously dingy Fulton County Jail in Atlanta, Georgia, and given an inmate number (“PO1135809”) but released 30 minutes later on filing a $200,000 bail bond after his historic “scowling” mug shot was taken “like any other defendant.” Speaking to reporters after his release, Trump bowled unbowed, “What has taken place here is a travesty of justice. I did nothing wrong.”

Essentially, the hyperbolic politician and his 18 co-accused including his chief of staff (equivalent to our executive secretary) Mark Meadows and his lawyer Rudy Giuliani (who, as former mayor of New York City, became an international sensation for ridding the “city that never sleeps” of criminality and vandalism) were charged by Fulton County district attorney Fani T. Willis with criminal conspiracy to overturn the 2020 presidential election results in Georgia.

Made pursuant to a grand jury’s bill of indictment, the 97-page charge alleged that—instead of observing the legal procedure for election challenges—the defendants engaged in criminal racketeering that is punishable under the state’s Racketeer Influenced and Corrupt Organization (RICO) Act. Georgia’s RICO Act is similar to a federal law to fight organized crime groups (like that of the infamous Al Capone in the late 1920s and early 1930s).

OTHER THAN THIS CRIMINAL CASE, the billionaire politician is facing three others—one in New York for paying hush money to an alleged porn star, another in Florida for mishandling top-secret state documents, and a third in Washington for conspiracy in a “rebellious” undertaking to forcefully occupy the US Capitol on Jan.6, 2021, and prevent the US Congress from proclaiming Joe Biden as the incoming president.

In these three other prosecutions, Trump was able to dodge a mug shot. But all four will interfere, for better or for worse, with his campaign to recapture the US presidency. He pleaded “not guilty” in writing and in absentia last Aug. 31 to avoid media cameras, and asked for a postponement of the trials until after the presidential elections in November 2024. Obviously, he is afraid the trials will expose him as a felon to his avowed critics, though he may remain a hero to his diehard supporters.

But what seems inexplainable is why, despite all the documents and video footage picturing him as evil and corrupt, he still commands an absolute majority of Republican partisans (per the latest credible surveys) who want to reward him with the Grand Old Party’s nomination for the presidential elections.

NONETHELESS, I THINK THAT FAR MORE CRUCIAL than these four sets of criminal indictments is Trump’s utter disqualification as a candidate. The US Constitution (Section 3 of the 14th Amendment) states—rather awkwardly—that no person shall “hold any (any public office)” if he/she has “engaged in insurrection or rebellion against the [US], or given aid or comfort to [its] enemies … ”

A verba legis or literal reading of this provision would disqualify him due to his alleged participation in the much-publicized “rebellious” conspiracy to prevent the proclamation of the newly elected president on Jan. 6, 2021. Simply stated, this illegal attempt to take over the US Capitol is enough to disqualify him under this “letter-of-the-law” interpretation.

However, under the broader ratio legis or liberal interpretation based on the intent of the law, he may not be disqualified because the constitutional amendment was intended to prevent defeated former confederacy officers during the US Civil War from running for and/or holding any public office. Simply stated, this provision has become functus officio because its limited purpose has long been accomplished.

This crucial disqualification challenge has not been invoked because, right now, Trump is not yet a candidate. He is merely seeking the nomination of the Republican Party. But—should he be nominated—any of the electoral officials of the 50 US states may refuse to include him (or more precisely, his “electors”) from the ballot. Then, his disqualification will become a judicial question that could eventually reach the Supreme Court of the US (Scotus).

Interestingly, this issue will test the philosophical leanings of the nine Scotus justices—six of whom were appointed by Republican presidents for their known conservative or verba legis loyalty, and the other three were named by Democratic presidents for their known adherence to the ratio legis school of jurisprudence.

How will the most powerful country on earth resolve these multiple attempts to prosecute and disqualify Trump? Will the US uphold the rule of law or succumb to the rule of the mob? The world is keenly watching!

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