This week, Minnesota Supreme Court justices expressed doubts about the state’s power to prevent former President Donald Trump from running for office, with some indicating that Congress should be the body to determine whether his involvement in the 2021 US Capitol attack should disqualify him. Ronald Fein, an attorney from Free Speech for People representing state voters, contends that the case revolves around straightforward “fact-finding.”
Fein Wants an Evidentiary Hearing to Review the Facts
Ronald Fein, an attorney from Free Speech for People, representing the voters involved in the case, has requested the court to provide an evidentiary hearing for a comprehensive review of the case’s facts.
Case Is Not for the Courts, Argues Team Trump
In contrast, Trump’s legal team contends that the case is a political matter, unsuitable for judicial review, and should be dismissed based on jurisdictional concerns or its merits.
Free Speech for People Acting On Behalf of MN Voters
In September, Free Speech For People, acting on behalf of a varied coalition of Minnesota voters, initiated a legal action aiming to prevent Donald Trump from being included on the state’s presidential ballot for the 2024 election.
Petition States Trump Should Be Disqualified From Ballot
The petition contends that Trump is ineligible for public office as per Section 3 of the Fourteenth Amendment, commonly referred to as the Disqualification Clause, due to his involvement in inciting and enabling the insurrection at the Capitol on Jan 6.
Trump Violated His Oath of Office
Ron Fein, Legal Director at Free Speech For People, argues, “Donald Trump violated his oath of office and incited a violent insurrection that attacked the US Capitol, threatened the assassination of the Vice President and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation’s history,”
He Will Do It Again and Worse
Fein continued his statement, “Our predecessors understood that oath-breaking insurrectionists will do it again, and worse, if allowed back into power, so they enacted the Insurrectionist Disqualification Clause to protect the republic from people like Trump.”
Trump Is Legally Barred
“Trump is legally barred from the ballot, and election officials must follow this constitutional mandate,” Fein concluded.
“Anyone Who Swears an Oath”
Co-counsel with Fein, Minneapolis attorney Charlie Nauen of Lockridge Grindal Nauen stated in the court, “The 14th Amendment is clear: anyone who swears an oath to uphold the Constitution and then engages in insurrection is barred from ever again holding public office,” “We are asking the Minnesota Supreme Court to rule that, under the United States Constitution, Donald Trump is barred from the ballot.”
Similar Challenges Filled Against Majorie Taylor Green
In 2022, Free Speech For People lodged parallel legal challenges against Georgia Congresswoman Marjorie Taylor Greene and former North Carolina Congressman Madison Cawthorn for their alleged involvement in the Jan 6 Capitol Riot.
Challenges Did Not Result in Disqualification From Office
While those challenges did not lead to disqualification, Cawthorn’s due to his primary loss during the pending challenge and Greene’s because the judge determined there was insufficient factual evidence to establish her involvement in the insurrection, Fein argues that they set significant legal precedents that serve as the foundation for the current challenge against Trump.
Several Challenges to Trump Candidacy Ongoing
Numerous challenges are occurring nationwide, all aimed at disqualifying Trump from appearing on the ballot. In Colorado, a related weeklong trial is currently in progress, while a similar case in Michigan is set to hear arguments next week.
Should Minnesota Court Keep Trump From the Ballot?
Chief Justice Natalie Hudson, concerning the Minnesota hearing, noted that even if the court were to concede its ability to intervene in this manner, a significant question arises as to whether it should do so.
The Question “Concerns Me” States Hudson
“Let’s say we agree with you that Section 3 is self-executing and that we do have the authority under the relevant statute to keep Mr. Trump’s name off the ballot. Should we – is the question that concerns me the most,” Chief Justice Hudson said. She continued, “‘Should we’ is the question that concerns me most,”
Fein Argues It’s a Matter of Fact-Finding
Following the hearing, Fein stated to reporters that the courts should step in and thoroughly examine the case’s facts. “This is a matter of fact-finding and applying the language of the constitution to a set of facts,” said Fein. “That’s exactly what courts do. This court and courts all across the country do every day.”
Justices Seem Skeptical Over Hearing the Claim
Derek Muller, a declared neutral in the case and an election law expert, told CNN reporters that it seemed that the courts were unwilling to step in on what they considered a political argument. “The justices seemed skeptical that Minnesota Supreme Court should hear a claim like this,” Muller told CNN.
Jan 6 Not on the Scope of an Insurrection
Donald Trump’s attorney, Nicholas Nelson, argued that there was no insurrection. “We would say that what happened on Jan 6 was a crime, some of them serious, was violence, some of it serious, but that it did not reach the scale or scope of what would be regarded as an insurrection,” he said.
Team Trump Says Case Is Manifestly Inappropriate
“This request is manifestly inappropriate,” Trump’s team wrote in a brief. “Both the federal constitution and Minnesota law place the resolution of this political issue where it belongs: the democratic process, in the hands of either Congress or the people of the United States.”
Free Speech for People Plan to File in More States
“We plan to file in multiple additional states, but I’m not going to tell Trump in public where we’re filing,” said Fein.
Courts Seem to Lack “Stomach for the Job”
Users commented online on the recent developments in the Minnesota case. One user said, “Per legal precedent, the court can interpret and apply the US Constitution. But they seem to lack the stomach for the job.”
A Corrupt, Joke of a Circus Clown Show
Another said, “Trump is exposing the US legal system for the fectless, corrupt, joke of a circus clown show it is. In a way, this might be good depending on the outcome. But most likely, theyll just cover it up. The US justice system is weak. Other nations are laughing at us, or straight up reveling in our downfall.”
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