Trump files Supreme Court brief arguing he was never an 'officer of the United States'
January 18, 2024
Former President Donald Trump filed a brief with the U.S. Supreme Court in his attempt to prevent being disqualified from the presidential election.
In it, the 45th president's attorneys say he believes he is immune from prosecution and that the 14th Amendment "insurrection clause" doesn't involve the presidency because he is "not an officer of the United States" and that the language in it doesn't prohibit people from "seeking or winning election to office."
"The Court should reverse the Colorado decision because President Trump is not even subject to section 3, as the President is not an 'officer of the United States' under the Constitution," according to the filing.
The brief continues:
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"And even if President Trump were subject to section 3 he did not 'engage in' anything that qualifies as 'insurrection.' The Court should reverse on these grounds and end these unconstitutional disqualification efforts once and for all."
Section 3 reads: "No Person shall be a Senator or Representative in Congress, or elector of President and Vice- President, or hold any office...shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
The brief attempts to unpack section 3 but claiming Trump has every right to run for office.
It reads, the section "cannot be used to deny President Trump (or anyone else) access to the ballot, as section 3 prohibits individuals only from holding office, not from seeking or winning election to office."
This is a breaking news story. It will be updated.