Trump Derangement Syndrome Is Destroying The Rule Of Law Across The Country
The "Insurrectionist" Narrative Is Beyond Toxic.
If Donald Trump were proven guilty of insurrection, it would be of little debate or controversy to assert that the 14th Amendment would preclude his running for office ever again.
If Donald Trump were proven guilty of insurrection, Illinois Judge Tracie Porter would not need to make her lawless, unconstitutional, and basically insane ruling that Trump is an “insurrectionist”.
Chicago-based Judge Tracie Porter ruled that Trump was not qualified for the presidency under an interpretation of a provision of the 14th Amendment that bars from office those who engaged in an insurrection after previously taking an oath to support the Constitution.
However, not even Judge Tracie Porter can avoid one incontrovertible, indisputable fact:
Donald Trump has never been convicted of insurrection.
Indeed, Donald Trump was charged with “incitement of insurrection” in his second impeachment trial in February of 2021, and was acquitted by the Senate.
In fact, the only occasion when Donald Trump has been charged with “incitement of insurrection” is in his second impeachment trial, wherein it was alleged that his address to his supporters at Ellipse Park constituted incitement.
We must remember that insurrection is a specific federal crime (18 USC §2383). We must also remember that not only has Donald Trump not been charged under this statute, not even by Special Persecutor Prosecutor Jack Smith, no one arrested in connection with the J6 riot was charged under this statute.
It is impossible as matter of logic, of law, and of semantics for Donald Trump to be an insurrectionist when the FBI and the Department of Justice have declined to declare the J6 riot an insurrection by charging at least some of the participants in that riot under 18 USC §2383.
I should also note that no one arrested in conjunction with the J6 riot has been charged under federal riot statutes either, which makes the depiction of the J6 event as a “riot” merely descriptive, with no formal legal substance attached.
Judge Porter’s ruling is illegal, unconstitutional, and absolutely unconscionable. Regardless of the propriety or impropriety of Donald Trump’s actions and words on January 6, 2021, and before, under the Constitution Donald Trump is guaranteed due process of law—and that guarantee means that Donald Trump cannot ever be an “insurrectionist” until he has been both charged and convicted of insurrection.
Donald Trump has not been charged with insurrection, let alone convicted. No one has been charged with insurrection in connection with January 6, 2021, let alone convicted.
Legally speaking, without such charges being preferred, without convictions for insurrection, there was no insurrection. Arguably, there was not even a “riot” in the legal sense.
With no insurrection, Donald Trump cannot be an insurrectionist and therefore the 14th Amendment cannot be used to bar his campaign for the Presidency.
If we are to continue to be (or, more accurately, return to being) a nation of laws, and governed by the rule of law, we must reject categorically and absolutely such lawless misuse of the courts as typified by Judge Porter’s ruling.
If we are to continue to be (or, more accurately, return to being) a nation of laws, and governed by the rule of law, we must reject categorically and absolutely the Trump Derangement Syndrome put on full and shameless display by Judge Porter’s ruling.
Judge Porter’s ruling must not stand.
Boy, I’m glad you’re addressing this issue today, Peter. This morning I read this nonsense from Judge Porter, and was dumbfounded. Trump has not been charged with or convicted of insurrection, so how is she getting away with this? My thinking is that she is virtue-signaling and kissing up to the Chicago political powers for her own career advancement, knowing full well that her ruling will be overturned next week, AFTER the political damage is done to Trump in the public’s eye. At least, that’s the only plausible explanation I can come up with for such an obviously illegal ruling. What do you think, Peter - corrupt Chicago political maneuvering?
The insurrectionists went back home or to their hotel rooms after taking selfies inside the Capitol. The frightening thing about J6 is not that there was a massive protest, even if some of the protesters got way out of line. The horrifying part is what we are discovering about the role of the FBI and other government provocateurs, who seem to have taken steps to encourage/incite violence that day, while setting forth a plan to “ discover ” fake pipe bombs at about the same time the doors were opened to allow the public inside the building, setting in motion the “emergency” evacuation of Congress. The FBI was working to undermine a sitting president.