The targeting of Trump is occurring on many different levels – by arresting him on multiple crimes as well as trying to disqualify him from being on the ballot in several states including Michigan. This is a strategy that might ultimately have to get to the Supreme Court to get shaken out. However, we all know that the courts really have no interest in arbitrating election law so we can’t necessarily depend on the High Court to protect free and fair elections.
So if you’re a Democrat, why NOT do whatever you want to do – because there are never any consequences for your actions. We saw this when, during COVID, states unconstitutionally changed election law.
And on the rare occasion that an election case actually gets to the courts, there rarely seems to be an impartial and “just” court system deciding a case on the law and the merits. Like most of the other political and election trials we have been watching, the outcome of a case appears to be totally dependent on which “side” the judge and the jury is on. And they are rarely on the side of Trump and the Republicans.
MORE NEWS: Yes, Trump is Still on Your Primary Ballot
So along the lines of throwing things at the wall to see what sticks… litigious activist Robert Davis is seeking to disqualify Trump from having his name on the primary and general election ballots in Michigan under the 14th Amendment to the Constitution.
Under Section 3, it says that “no person shall be elector of President, or hold any office, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Davis is seeking a declamatory ruling from Michigan Democratic Secretary of State Jocelyn Benson according to the Detroit News who saw a draft of his request.
At issue is Trump’s participation in the 2021 riot at the Capitol on January 6th.
The Detroit News points out that “Under Michigan law, Benson and Kristina Karamo, chairwoman of the Michigan Republican Party, must develop lists of presidential candidates whose names get to appear on the Feb. 27 presidential primary ballots. The law requires Benson to include names of those generally advocated by the national news media to be potential candidates. Candidates appearing on either Benson’s list, which is due by Nov. 10, or Karamo’s list, which is due by Nov. 14, effectively get their names on the ballot without doing anything else.”
Davis wants to persuade Benson not to put Trump’s name on the ballot and told the Detroit newspaper, “No matter what the secretary of state does in response to this legal challenge, there will be a lawsuit. No doubt.”
In a recent podcast, Benson said that evidence and facts concerning Trump’s current legal woes would go into her decision on Trump’s eligibility. She said, “There are valid legal arguments being made to that effect but it is far too soon to really assess the likelihood of that (Trump not making the ballot).” She also said election officials would have to look at the precedent barring him from the ballot would create. For her part, Benson doesn’t have to issue a formal response to Davis and a Lansing attorney said he doesn’t think there’s a real issue until Trump is the nominee.
There is also the fact that Trump is innocent until proven guilty in court – something that Democrats don’t seem to understand – or accept.