Donald Trump might not be the only one worrying about what happens when the Supreme Court weighs whether the former president has "engaged in insurrection" under the Constitution for the purpose of pondering his place on 2024 ballots in various states.
MSNBC opinion writer and editor Hayes Brown, who recently revealed how Special Counsel Jack Smith has Trump tied in knots, broached the issue in an essay Saturday. Brown points to a recent amicus (or friend of the court) brief filed on behalf of nearly 200 Republican members of Congress.
"While the GOP lawmakers’ amicus brief is better drafted than most of Trump’s filings, it can’t be ignored that there’s a deeply self-serving element to their arguments," the analyst writes. "That’s especially true for those members who, under the Colorado Supreme Court’s ruling, could also credibly be described as having 'engaged in insurrection' — and thus theoretically be disqualified from holding office."
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Brown further points to one part of the brief that makes the lawmakers' true concerns jump out.
"The self-interested lawmakers give up the game with this line from the brief: 'Although not directly relevant to President Trump, the Colorado Supreme Court would give itself the power to judge the qualifications of those who would be elected to the House or Senate.' That would be especially troubling for Reps. Jim Jordan of Ohio and Paul Gosar and Andy Biggs of Arizona," Brown writes. "The three of them were knee-deep in plotting to overturn the election, and, in a more just world, they would have faced expulsion for violating Section 3. It’s their inclusion as signatories on the amicus brief that makes this filing particularly odious."
Among the GOP lawmakers with a vested interest in this case's outcome is Sen. Ted Cruz, according to Brown.
"The members who directly aided Trump’s efforts are especially interested in this case, but the effort to file the brief was led in the House by Majority Leader Steve Scalise, R-La., and in the Senate by Sen. Ted Cruz, R-Texas. Cruz’s participation is worth a side-eye given that he led the charge among Senate Republicans in challenging electoral votes in states where Trump called President-elect Joe Biden’s victory fraudulent," Brown says. "He also pitched a 10-day electoral commission to investigate the nonexistent fraud and potentially give state legislatures time to change their electoral slates as Trump would prefer. He never endorsed Trump’s wildest conspiracy theories, but he was caught on audio hoping Biden’s win would be reversed."
