Radio talk show host and FOX News contributor Hugh Hewitt criticized fellow contributor Jessica Tarlov for her defense of the Colorado Trump decision, calling it “the worst legal take” he has ever heard.
Hewitt, an attorney, expressed shame and frustration over the decision, believing it will go down in infamy and should be overturned by the Supreme Court.
Tarlov, who is not an attorney, cited legal justifications and referenced Supreme Court Justice Neil Gorsuch’s previous ruling on a similar issue. (Trending: Judge Announces Historic Ruling In Jeffrey Epstein Case)
“Well, the legal impact, Bret, I have never been more ashamed of a court in the United States history. I think this will go down in infamy as maybe one of the most ridiculous decisions by a state Supreme Court rendered in the course of American history it,” began Hewitt.
“It truly is worthy of scorn. I’m at a loss for words… It should be overturned by the Supreme Court,” he continued.
“It is interfering with the election and the people who are most angry ought to be Governor DeSantis, Ambassador Haley and Governor Christie because the Colorado Supreme Court is stepping on their campaigns and interfering with their election,” charged the anaylst.
“I have taken in a lot of the commentary on both sides of the decision,” countered Tarlov.
“And I think that, in particular, we’re all going to be watching Supreme Court Justice Neil Gorsuch who has actually already ruled on this issue when he was on the Court of Appeals for the Tenth Circuit. So the case was Hassan v. Colorado. He wrote and it is quoted in the majority opinion in the Colorado case that the state does have a right to kick someone who is ineligible to run off of the ballot,” she explained.
Adding, “And it is interesting in the dissent, and Hugh didn’t mention this, that the three dissenting justices did not refute the idea that Donald Trump played a part in this insurrection which under Section 3 of Article 14 should rule him ineligible to be running for office. They talked about lack of due process but they didn’t engage with any of the evidence that was presented a five-day bench trial. They just said he didn’t get his due process.”
“Jessica, the other point he hasn’t been charged officially with that,” said host Bret Baier.
“No. That’s also not stipulated in Section 3 that you have to be charged. It’s not there,” Tarlov responded.
“I understand that’s the case they will make. But it will be very difficult for Neil Gorsuch to go back on something that he has essentially already ruled on and especially if the dissenting Justices aren’t making it seem that solid of a case,” she continued.
Tarlov added, “Really quickly. Two points on that. One, this case was brought by a group of Republicans. It was not brought by Democrats. This doesn’t have to do with leftist politics. And Donald Trump is the only person running for president who challenged our constitution. The one who said this election should not stand and asked Mike Pence to quote ‘do the right thing.'”
“Stop! Stop!” demanded Hewitt.
“That is not something that a Democrat ever did,” insisted Tarlov.
“Jessica, this is the worst legal take I have ever heard. It’s absurd,” charged Hewitt.
“It is absolutely absurd for a non-lawyer to sit here and say that minus a confrontation with someone who has not been charged much less convicted that the Court can take them off the ballot,” he explained.
“It is a shameful moment in American jurisprudence. It is like watching a bad high school musical. Is a cringe-inducing moment for anyone who has ever taught the law, practiced the law, and Colorado will be scorned for decades because of this and will be reversed by the [U.S. Supreme] Court very quickly,” said Hewitt.
“Quickly Hugh, do you think it’s 9-0. Do you think the liberal justices on the Supreme Court can get around what you’re talking about?” asked Baier.
Hewitt responded, “I’m pretty sure it’s 9-0 because if Justice Brown Jackson or Justice Sotomayor throws in with the pirates in Colorado their reputation will be as damaged as the Colorado Justices’ reputation are. It is an absurd decision.”
Hewitt strongly opposed her arguments, asserting that the decision is shameful and will likely be reversed by the U.S. Supreme Court.
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