Alan Dershowitz believes the Supreme Court will likely rule in favor of allowing Donald Trump to appear on the ballot due to the lack of a clear definition of “insurrection.”
He criticizes the decision as anti-democratic and unconstitutional, arguing that the 14th Amendment does not empower states to interfere with citizens’ voting rights.
Dershowitz expresses concern that affirming this decision could lead to electoral distress and a repeat of the 2020 election controversy. (Trending: Judge Announces Historic Ruling In Jeffrey Epstein Case)
He emphasized the need for a clear definition of “insurrection” and expresses a desire for a fair electoral process, even if it means voting against Trump.
“We don’t even know what an insurrection is!” proclaimed Dershowitz.
“He hasn’t been charged with insurrection, he hasn’t been convicted of insurrection,” he continued.
“People will say that Biden was involved in an insurrection in allowing thousands of people to come across the border, or the people who were involved in the Black Lives Matter demonstration, or the people today who are protesting in the streets all over the country against American policy toward Israel. Some of these are socialist revolutionaries. You have to have a definition of what an insurrection is,” said Dershowitz.
“In the 60 years I have been teaching and practicing law, I have never seen a decision that is so anti-democratic and unconstitutional. It is absurd,” lamented the longtime defense attorney.
“The idea that the 14th Amendment was supposed to substitute for the impeachment provision carefully drafted by the framers is wrong,” he explained.
“If you want to impeach a president, if you want to make him not be able to run in the future, there is a provision that requires a 2/3 vote of the Senate. If the idea that the framers of the 14th Amendment intended to circumvent that carefully drawn provision and simply allow any state to make up grounds for denying him the right to be on the ballot undercuts democracy. The 14th Amendment itself is very clear. It says in Section V that “Congress shall have the power to enforce by appropriate legislation the provisions of this article,” added Dershowitz.
“The Congress, the U.S. Congress. There is no provision in the 14th Amendment for any state or state court to interfere with the right to vote of their citizens.”
Predicting, “This is a terrible decision, it will cause disarray.”
“If it were to be affirmed by the Supreme Court, which I doubt it will be, it would cause distress to the electoral process and would result in a repeated 2020 where whatever the result of the election was, particularly if Trump were to lose, he wouldn’t accept the loss, and he would have, in this case, some legal basis for questioning whether or not the courts had any proper role to play in taking him off the ballot in some states”, he explained.
“Right now he’s only been taken off the ballot of a state he was going to lose anyway, but this decision, the logic of this decision applies to any state. It says any state can disqualify Trump because they’ve made a conclusion he was involved in an insurrection,” continued Dershowitz.
“We don’t even know what an insurrection is! He hasn’t been charged with insurrection, he hasn’t been convicted of insurrection,” repeated the infamous attorney.
“People will say that Biden was involved in an insurrection in allowing thousands of people to come across the border, or the people who were involved in the Black Lives Matter demonstration, or the people today who are protesting in the streets all over the country against American policy toward Israel. Some of these are socialist revolutionaries. You have to have a definition of what an insurrection is. And the Colorado Supreme Court gets a C-minus,” he said.
“It’s not debatable because it is not defined. You can’t have something that’s debatable as a means for getting voters denied the right to vote for or against Trump. I want to vote against him, but I want the election to be a clean election. I want him to lose fair and square and not allow him to have the argument that the Supreme Court of Colorado or other state courts denied the voters the right to vote for him,” concluded Dershowitz.
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