'Illogical': Ex-prosecutor points out major flaw in Trump's major legal argument
Shan Wu speaking on Trump's 14th Amendment case (YouTube Screenshot) 2025-06-05

Former Prosecutor Shan Wu slammed President Donald Trump's ‘illogical’ argument to redefine the 14th Amendment and rid the country of birthright citizenship.

On his YouTube show “Legal AF” he blasted Trump and right-wing politicians for the way they mischaracterize rulings from lower court judges. “Politicians like to characterize the nationwide injunction as a single judge standing in the way.” Wu added, “I mean, Trump likes to say that the judges are activists, etc.”

He challenged this thought process, saying, “It’s not a single judge imposing their kind willy-nilly opinion on things. It's the law and that's what Judges are supposed to do, right? They are supposed to rule on the law.”

He added, “The Supreme Court seems to think this is an urgent issue,” which is why they have taken the case up on “emergency appeal.”

Wu railed against the high court, saying, “They find [this injunction] to be an irresistibly shiny object.”

The former prosecutor went on to say, “What's really going on there is [the Supreme Court] loves using the emergency shadow docket, as we've talked about. They can't help but to come in and put in their opinions, have them be the ones deciding things.”

Wu believes the 14th Amendment was written in plain English: “I don't care if you are an originalist or not, it says quote, ‘All persons born or naturalized in the United States thereof are citizens of the United States and the state wherein they reside.’”

“Where is the question in there?” Wu said. “I'll tell you the out there theory is if your parents were here illegally, then you aren't subject to the jurisdiction of the United States. Cute, huh?”

“Totally doesn’t work. Just think about it logically.” Wu went on to explain, “If you are really not subject to the laws of the United States, you're kind of like a diplomat. The United States can't do anything to you.”

“They can't arrest you, they can't make you obey their laws, they certainly can't decide if you are a citizen of their country or not.” He added, “It's completely illogical as an argument.”

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