Former President Donald Trump's previous arguments against the state decisions barring him from the ballot under the Insurrection Clause of the Fourteenth Amendment were terrible, argued conservative attorney George Conway on CNN Thursday.
That, he said, is why Trump's lawyers are now going for a new argument to the Supreme Court.
"What do you make of the argument of Trump's lawyers?" asked anchor Wolf Blitzer.
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"I haven't had the chance to read the brief closely. It was just filed in the last hour," said Conway. "But I will say this, that I noticed in the brief they have moved up the argument, which was pretty much on the back burner previously, that Trump did not engage in an insurrection. And I think the reason why they did that is because the principle legal arguments they've been relying on and sent to the Colorado Supreme Court was that the — was that the provision doesn't apply to the President of the United States, which is a very, very bad argument. And that Section 3 of the Fourteenth Amendment is not self-executing, which doesn't make any sense in this text and the statute, especially that the amendment doesn't say that."
Instead, Conway said, "they're going back to making more of a factual argument that he did not engage in insurrection. And I think what they're going to try to do is to raise the bar as far, as high as possible on what it means to engage in an insurrection. Like you have to take up arms or you have to engage in a very specific plan."
"The problem with that is that none of this would have happened but for Donald Trump," Conway added. "I mean, Donald Trump wanted this to happen. He stood by during the two or three hours the Capitol was being ransacked, and he precipitated this for weeks on end before that. And, you know, it's going to be a very difficult thing for the Supreme Court if, you know, if you can't find a legal basis to excuse him for the application of the Fourteenth Amendment on legal grounds, it's going to be equally hard for them to make the finding factual determination on this record that Trump somehow did not engage in insurrection."
Watch the video below or at the link here.
George Conway pans Trump's new 14th Amendment filingwww.youtube.com
