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‘Immediate Disqualification’: Conservative Law Professors Find Constitution Bans Trump From Being President

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Two leading, highly-credentialed conservative constitutional law professors say the U.S. Constitution already “disqualifies former President Donald Trump” from holding office, including being President, because of his “participation in the attempted overthrow of the 2020 presidential election.”

In a 126-page University of Pennsylvania Law Review paper published Wednesday, University of Chicago Law School Professor William Baude, and University of St. Thomas School of Law Professor Michael Stokes Paulsen, introduce their work by writing:

“Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three.”

Appearing to push back against claims made previously by others in defense of a second Trump presidential term, they write: “Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation.”

READ MORE: House Republicans Invoke Bible to Defend Greg Abbott’s ‘Barbaric’ Razor Wire and Floating Circular Saw ‘Death Trap’ Buoys

They say Congress need do nothing to implement Trump’s “immediate disqualification from office.”

“Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications.”

The law professors add, “to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as ‘aid or comfort.’ It covers a broad range of former offices, including the Presidency.”

“And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”

The New York Times notes that both professors “are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.”

READ MORE: ‘Unbelievably Irresponsible’: CNN Slammed Over ‘Bizarre’ and ‘Reckless’ GOP Impeachment Plans Reporting

“Steven G. Calabresi, a law professor at Northwestern and Yale and a founder of the Federalist Society,” The Times adds, “called the article ‘a tour de force.'”

“Trump is ineligible to be on the ballot,” Professor Calabresi told The Times, “and each of the 50 state secretaries of state has an obligation to print ballots without his name on them.” Calabresi also “said…that they may be sued for refusing to do so.”

Former U.S. Appeals Court Judge J. Michael Luttig, a “star witness” during a televised hearing of the U.S. House Select Committee on the January 6 Attack, also praised the article. He says it “promises to be of monumental — and historic, if not also contemporary — importance to Constitutional Law.”

Noah Bookbinder, the President of Citizens for Responsibility and Ethics in Washington (CREW) notes the two conservative law professors cite CREW’s work in their article. He calls it, “Extremely significant that two leading conservative legal scholars put out a piece today arguing that section 3 of the 14th Amendment remains enforceable and disqualifies Donald Trump from office.”

Read the professors’ full article here.

 

 

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Trump Team Pushing ‘Utter Propaganda’ on Deportations to Create ‘Climate of Fear’: Experts

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The Trump administration’s long-promised “largest mass deportation operation” in U.S. history, which was announced to begin “on day one,” has so far resulted in what some experts and immigration advocates suggest are an average number to mild increase in arrests and deportations. Activists, experts, and journalists are working to provide context to the White House’s claims of its own effectiveness.

“The White House said immigration agents have arrested 538 undocumented immigrants with criminal records and deported ‘hundreds’ more,” The Washington Post reported Friday. “Those numbers, if accurate, would be relatively modest for U.S. Immigration and Customs Enforcement surge operations — a possible indication that the Trump administration’s show of force has so far outpaced the government’s capacity to deliver on the president’s lofty goals.”

Ahead of his inauguration on Monday, the media was awash with reports that President Trump’s mass deportation of undocumented immigrants would start Tuesday, the day after he was sworn into office, and one day after it was originally supposed to. Chicago was identified in reports as the first city to be targeted by Trump’s U.S. Immigration and Customs Enforcement authorities.

“ICE will start arresting public safety threats and national security threats on day one,” Trump’s “border czar,” Tom Homan said, according to the BBC. “We’ll be arresting people across the country, uninhibited by any prior administration guidelines.”

RELATED: ‘Hunting Grounds’: Trump Cancels Biden Ban on ICE Arrests at Schools, Churches, Hospitals

But Homan, who served as acting director of ICE during Trump’s first administration, then served up a curious claim: “Why Chicago was mentioned specifically, I don’t know.” He went on to suggest that the “leaked” Chicago details could be putting the safety of federal agents at risk.

“What was leaked in Chicago was more specific, what was happening, and that raises officer safety concern,” Homan said, according to The Hill.

Homan on Fox News had promised a “big raid” across the country, BBC had reported, and “has previously said Chicago will be ‘ground zero’ for the mass deportations.”

The mass arrests and deportations, despite appearing to be average, were heralded by the media.

Wednesday night, Fox News host Jesse Watters posted video to his Facebook page, declaring, “FOX NEWS ALERT: The largest mass deportation operation in American history is underway, and Primetime has exclusive photos of ICE’s first arrests.”

READ MORE: ‘Not Good’: Trump Proposes ‘Getting Rid of’ FEMA, Conditioning California Aid on Voter ID

Numerous media outlets blared that the Trump administration on Thursday arrested 538 undocumented immigrants.

And yet, according to a former Capitol Hill staffer, President Joe Biden’s average was often higher.

The White House on Friday posted an image to social media, declaring, “Deportation Flights Have Begun.”

Immigration experts, activists, and journalists pushed back hard.

“Deportation flights were taking place under Biden too. What’s new is the military aircraft,” noted The Bulwark’s Sam Stein. CNN’s Brian Stelter added, “Also new: The PR strategy.”

PR appears to be a major focus.

The Washington Examiner’s DHS reporter, Anna Giaritelli, quickly corrected the record on the White House’s above social media post: “DHS official authorized to speak with media said this is not a deportation flight — these are roughly 80 Guatemalans who were arrested AT the southern border recently and are being REPATRIATED. That is legally not a deportation.”

Immigration activist Thomas Cartwright, who, according to The Washington Post “tracks ICE deportations for the immigrant advocacy group Witness at the Border,” pointed to this data, and also challenged the White House’s narrative.

“Theater of the absurd,” he charged. “The only thing new about this is subjecting people to transport on a cargo plane rather than charter and the LOWER number of people on the plane – 75-80 compared to the average for ICE deportation flights to Guatemala of 125. In 2024 there were 508 deportation flights to Guatemala and in 2020 – 2023: 247, 184, 369, and 470, respectively. The 508 in 2024 represents just under an average of 10 deportation flights per week to Guatemala. Counting this flight there have been only 5 this week through Thursday.”

Immigration attorney Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, also responded to the White House’s post: “This is utter propaganda and you have to make sure not to fall for it. There were dozens of deportation flights every single week over the last year and before that. Deportation flights never stopped. If they try to claim otherwise, they are lying to the American people.”

Reichlin-Melnick also blasted White House Press Secretary Karoline Leavitt in response to another of her posts on immigration. “Are these people seriously trying to suggest the deportation flights have not already been going on? They’re lying to you. The Biden administration had already ramped up deportations from the border to a higher level than it was under the Trump admin.”

And pointing to Cartwright’s data, he noted, “In 2024, ICE carried out an average of 4.27 deportation flights per day (which includes weekends and holidays) The normal weekday total was above 6 deportation flights a day, per @thcartwright. Deportation flights never stopped. This is propaganda.”

Meanwhile, The New York Times’ Hamed Aleaziz on Friday afternoon told MSNBC that the Trump administration is really going “on the offensive when it comes to putting out pictures of ICE deportations from the White House Twitter account, from Tom Holman being on several new spots, talking about deportations, it is front and center. And I think it’s an effort to show that President Trump is fulfilling this promise of mass deportations.”

He says their goal is they “want people to be uncomfortable. They want there to be a climate of fear. And ultimately, maybe people will decide that they want to leave this country voluntarily?”

See the social media posts above or at this link.

READ MORE: Danish MP Follows Profane Message to Trump With Warning to Greenlanders on US Civil Rights

 

Image via Reuters

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‘Not Good’: Trump Proposes ‘Getting Rid of’ FEMA, Conditioning California Aid on Voter ID

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President Donald Trump intensified his attacks on the Federal Emergency Management Agency during a visit to Hurricane Helene-damaged parts of North Carolina on Friday, announcing he is planning on reforming or “getting rid of FEMA,” and proposed an unprecedented move to condition disaster relief on the passage of a voter ID law by California’s lawmakers, “as a start.” Trump’s trip, which will include travel to California later Friday, appears designed to target the emergency management agency, which he has been criticizing for months.

In what appeared to be scripted remarks, Trump later elaborated that he would “sign an executive order to begin the process of fundamentally reforming and overhauling FEMA, or maybe getting rid of FEMA. I think frankly, FEMA’s not good. I think when you have a problem like this, I think you want to go and, uh, whether it’s a Democrat or Republican governor, you want to use your state to fix it and not waste time.”

“Calling FEMA and then FEMA gets here and they don’t know the area,” Trump claimed. “They’ve never been to the area and they want to give you rules that you’ve never heard about, they wanna bring people that aren’t as good as the people you already have,” he alleged.

“FEMA turned out to be a a disaster. And you could go back a long way, you could go back to Louisiana, you could go back to some of the things that took place in Texas. And it turns out to be the state that ends up doing the work. It just complicates it. I think we’re gonna recommend that FEMA go away. And we pay directly and we pay a percentage to the state, but the state should fix it.”

RELATED: Is Trump Using Project 2025 to Eliminate FEMA?

In his wide-ranging remarks, President Trump also claimed that “rather than going through FEMA,” disaster relief aid to California and North Carolina “will go through us,” meaning, through his administration. FEMA is a federal government agency under the wide umbrella of the U.S. Department of Homeland Security. The president nominates the HHS Secretary, a cabinet level official, and the FEMA administrator.

And Trump appeared to say that he will assign Republican National Committee chairman Michael Whatley to manage financial aid to North Carolina, removing FEMA from the state.

“Trump also said FEMA would not be involved in further relief efforts and instead suggested that Whatley, North Carolina Governor Josh Stein (D), and a trio of Republican House members would be working with the White House directly because the agency ‘hasn’t done the job,'” The Independent reported.

“I wanna see two things in Los Angeles,” Trump also told reporters late Friday morning, “voter ID so that the people have a chance to vote, and I want to see the water be released and come down into Los Angeles and throughout the state. Those are the two things. After that, I will be the greatest president that California ever has ever seen.”

“I want the water to come down and come down to Los Angeles and also go out to all the farm land that’s barren and dry,” Trump claimed. This week the President appeared to suggest that water runs only north to south.

READ MORE: Danish MP Follows Profane Message to Trump With Warning to Greenlanders on US Civil Rights

“So, I want two things,” Trump repeated, “I want voter ID for the people of California. They all want it. Right now you have no, you don’t have voter ID. People want to have to voter identification. You wanna have proof of citizenship. Ideally, you have one-day voting, but I just want voter ID to start, and I want the water to be released, and they’re gonna get a lot of help from the U.S.”

Trump later responded to a reporter’s question about his remarks on ending FEMA, calling the agency “a very big disappointment” that costs “a tremendous amount of money.” He alleged, “they end up in arguments if they’re fighting, all the time over who does what, it’s just it’s just not a good system.”

“I think it’s, I think when there’s a, uh, when there’s a problem with the state, I think that that problem should be taken care of by the state. That’s what we have states for. They take care of problems, and a government can handle something very quickly,” Trump said, appearing to not mention the scope of FEMA’s actions, responsibilities, and resources.

Jordan Weissmann, reporter for Yahoo Finance covering federal agencies, offers this explanation on California water: “The water issue Trump is fixated on doesn’t really have anything to do with the wildfires. It’s a fight between Central Valley farmers and Northern California farmers and environmentalists about who gets more fresh water.”

Watch the videos above or at this link.

READ MORE: Trump’s J6 Pardons Are ‘High Crime’ and ‘Abuse of Power’ Legal Expert Says

 

Image: Trump, First Lady Melania Trump and Franklin Graham in North Carolina Friday, via Reuters

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Danish MP Follows Profane Message to Trump With Warning to Greenlanders on US Civil Rights

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President Donald Trump’s desire to acquire Greenland from Denmark isn’t going over well with some Danes, including one of Denmark’s politicians who used vulgarity to express his opposition earlier this week, and is now citing a century-long historical record to issue a warning to Greenlanders on America’s refusal to grant full voting rights to its citizens in U.S. territories.

Anders Vistisen, a Danish Member of the European Parliament, reminded Trump earlier this week that “Greenland has been part of the Danish Kingdom for 800 years,” and “is not for sale.”

“Let me put it in words you might understand: Mr. Trump. f*** off,” Vistisen said.

Thursday night on CNN, Vistisen, a member of a right wing populist party, expanded his battle against Trump’s aspiration to annex Greenland.

READ MORE: Trump’s J6 Pardons Are ‘High Crime’ and ‘Abuse of Power’ Legal Expert Says

Addressing what he called the “argument that America can make a great deal,” an apparent reference to Donald Trump, Vistisen said, “we actually have some historical precedence for this. A hundred years ago we sold you what you call the U.S. Virgin Islands. Today, that territory still doesn’t have voting rights for your presidential elections.”

“That place doesn’t have a voting member of your parliament, the Congress — or the House of Representatives, and the Senate, and when I visited, when we had the hundred years commemoration, there was not a great lot of enthusiasm about the way the U.S. is handling that.”

“So I think if the Greenlandic people are looking carefully at this and they are looking on the U.S. overseas territories,” Vistisen continued, “looking at how Indigenous people are treated in the U.S., it’s very hard to make a compelling argument that they will have a better deal from the United States than what they have within the Danish realm, the kingdom of Denmark, where they have full voting rights in the Danish parliament are actually are overrepresented, and as you clearly stated, they have a very beneficial agreement, economically with Denmark.”

The Atlantic’s David Frum, a former Bush 43 White House speechwriter, responded to Vistisen’s remarks.

“In 1917, Denmark (legally neutral but sympathetic to the Allies) sold the [Virgin] islands to the USA to prevent Germany from seizing them for a submarine base. Also, the islands were economically desperate, and war-isolated Denmark could not aid them. As part of the deal, the US guaranteed Danish sovereignty over Greenland. Another reason that seizing Greenland would be an act of US bad faith,” Frum wrote.

Watch the videos above or at this link.

READ MORE: Is Trump Using Project 2025 to Eliminate FEMA?

 

Image by Elekes Andor via Wikimedia Commons and a CC license

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