A Guardhouse Lawyer’s Brief

Constitution of the United States of America,14th Amendment, Section 3:
No person shall .  .  .  hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath .  .  .  to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same  .  .  .” (emphasis added)

Having sworn to “preserve, protect and defend the Constitution of the United States,” President Donald Trump orchestrated and ordered a physical assault on the United States Capitol, Congress, and the Constitution.

Some argue the President does not “hold any office” of the United States, and is, therefore, exempt from censure under the 14th Amendment, Section 3.  Ignoring its common-sense absurdity, this assertion hinges on the definition of an “office.”   

Article II, Section 1, of the Constitution states:
“The executive Power shall be vested in the President of the United States of America.
He shall hold his Office during the Term of four Years  .  .  .” (emphasis added)

Merriam Webster defines “Officer” as “one who holds an office of trust authority or command.” (emphasis added)

Ergo: Under Article II, Section1, the President of the United Staes holds an “office” of the Unted States and is subject to the Constitution’s 14th Amendment, Section 3.

In Case You Missed It

In “Tired of Winning” Johathan Karl quotes an assertion by an official who worked closely with Donald Trump that the former President, “lacks any shred of human decency, humility or caring.  He is morally bankrupt, breathtakingly dishonest, lethally incompetent, and stunningly ignorant of virtually anything related to governing, history, geography, human events or world affairs.  He is a traitor and a malignancy in our nation and represents a clear and present danger to our democracy and the rule of law.”

What might this imply for Donald’s MAGA minions?