Bill aiming to exclude Trump from ballot gains traction in Hawaii
As the Republican primaries unfold, there’s growing concern that former President Donald Trump might face exclusion from the ballot in Hawaii. A bill gaining traction aims to bar voters from electing presidential candidates identified by a federal or state supreme court as insurrectionists.
The proposed legislation also seeks to prohibit Hawaii state electors from voting for a nominee disqualified under the 14th Amendment.
Hawaii State Sen. Karl Rhoads, D, the bill’s proponent, additionally proposed safeguards that require state electors to pledge against casting their ballots for any nominee disqualified under Section 3 of the 14th Amendment, in case voters nominate an individual who is considered an insurrectionist.
“The Legislature finds that citizens of this State have the right to expect that public servants be people of integrity, and not people who have committed actions that threaten democracy or undermine the vote of the people,” the bill states.
Despite Trump being removed from ballots in Colorado and Maine, he hasn’t been legally found guilty of insurrection charges. Both states’ decisions are pending appeal.
The U.S. Supreme Court is set to review Colorado’s decision, upheld by the state Supreme Court, in early February.
It remains uncertain whether the Supreme Court will secure Trump’s name on all state ballots or if states will explore alternative avenues, such as the proposed bill in Hawaii, to exclude the GOP frontrunner from the state ballot.
Similar lawsuits that aim to remove Trump from ballots in Minnesota, Michigan, Arizona and Oregon were dismissed on procedural grounds, according to Newsweek. Meanwhile, the Illinois State Board of Elections is reportedly contemplating a challenge to the former president’s eligibility for appearing on the state’s ballot.
Congress passes short-term funding bill to avert government shutdown: The Morning Rundown, Jan. 19, 2024
Congress passes a short-term funding bill with just hours left to avoid a government shutdown. And Japan looks to be the next country to land on the lunar surface with its ‘moon sniper’ explorer. These stories and more highlight The Morning Rundown for Friday, Jan. 19.
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Congress passes short-term funding bill to avert government shutdown
With just hours to go before Friday’s Jan. 19 deadline, Congress passed a short-term funding bill to avert a partial government shutdown, at least for a few more weeks. The bill now heads to President Joe Biden’s desk to be signed.
By a vote of 314-108, the House passed the stopgap measure on Thursday, Jan. 18, following the Senate’s 77-18 vote, extending current spending levels as four government funding bills were set to expire at midnight on Friday, Jan. 19. Funding for those operations now extends to March 1. The other government agencies, set to run out of funding on Feb. 2, will now receive funds through March 8.
BREAKING NEWS:
The Senate has just passed the bill to fund the government and avoid an unnecessary shutdown.
It's good news for every American, especially our veterans, parents and children, farmers and small businesses, all of whom would have felt the sting of a shutdown.
Some House Republicans met with Speaker Mike Johnson, R-La., earlier on Thursday, Jan. 18, to add a border security measure to the stopgap bill, but that did not come to be. Last week, Johnson and Senate Majority Leader Chuck Schumer, D-N.Y., agreed on overall spending levels of $1.66 trillion, with $866 billion for defense and $772.7 billion for non-defense spending. However, Johnson is experiencing opposition about the deal from within his party.
Hunter Biden agrees to deposition with Republicans behind closed doors
The House Oversight Committee has announced that the president’s son, Hunter Biden, will appear in front of Republicans for a private deposition next month. Confirmed by his legal team, Biden is slated to testify behind closed doors on Feb. 28, ending a months-long back and forth with House Republicans.
In December, Hunter Biden defied a subpoena to testify in private, which kickstarted a resolution to hold him in contempt of Congress that has since been called off. Republicans view Hunter Biden as a key witness in their investigation into President Joe Biden, alleging he profited off of his family’s foreign business dealings during his tenure as vice president during the Obama administration. Republicans have not been able to show any proof of their claim to this point.
House Oversight Committee Chair James Comer, R-Ky., told reporters that the president’s son will be able to testify publicly sometime after the private deposition.
Former President Trump urges Supreme Court to keep his name on ballots
Following Colorado’s first-of-its-kind ruling to ban Trump’s name from the state’s ballot for his efforts to overturn the 2020 election, which led to the deadly Jan. 6 capitol riot, Trump’s lawyers are urging the Supreme Court to reverse the ruling. First, Colorado took Trump’s name off the ballot, and then Maine followed suit.
With more states looking into similar matters, Trump’s legal time submitted a filing to the Supreme Court, which is scheduled to hear arguments from both sides on Feb. 8. With the 2024 presidential election looming and Super Tuesday in March just around the corner, the pressure for a decision is palpable.
Trump’s attorney’s writing that efforts to bar the GOP’s top presidential candidate from ballots “threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots.”
Now, American voters eagerly await a decision by SCOTUS. The 1872 14th amendment clause, which Colorado’s high court used to bar Trump from the ballot, is a Civil War provision that states that anyone who swore an oath to uphold the Constitution and then “engaged in insurrection” against it is no longer eligible to hold state or federal public office.
Trump’s attorneys contend that Trump did not engage in an insurrection on Jan. 6, 2021.
Netanyahu rejects calls for a Palestinian state post-war
In a press conference on Thursday, Jan. 18, Israeli Prime Minister Benjamin Netanyahu said he objects to the idea of the establishment of a Palestinian state after the war ends with Hamas, striking an opposing tone to President Biden, who has called for a two-state solution.
Biden and Secretary of State Antony Blinken have urged Netanyahu to seek a resolution where a revitalized Palestinian Authority would run Gaza once Hamas is defeated. In a nationally televised press conference, Netanyahu said that as prime minister, he needs to be able to say no, “even to our best friends.”
“The state of Israel must have security control over the entire territory west of the Jordan River; that’s a necessary condition; it clashes with the principle of sovereignty; what can you do?” Netanyahu said. “I tell this truth to our American friends, and I also stopped the attempt to impose a reality on us that would harm Israel’s security.”
Netanyahu’s remarks sparked an immediate response from the White House. National Security spokesman John Kirby said, “We obviously see it differently.”
The back-and-forth shows the growing rift between the two allies, as the U.S. suggested earlier this week it’s the right time for Israel to scale back its fighting after 100 days. In his remarks, Netanyahu vowed to continue Israel’s goal of destroying Hamas and bringing all the remaining hostages home. The prime minister said Israel will not stop short of an “absolute victory.”
In a memo sent to employees on Thursday, Jan. 18, the company said it wants to add more automation to its supply chain and will outsource some positions. In addition to the cuts, Macy’s will shut down five stores this year. The company currently operates more than 560 locations. Tony Spring, who formerly ran the company’s Bloomingdale business, will take over as CEO next month.
Japan attempts ‘pinpoint landing’ on the moon
Japan has its sights set on the moon as the country attempts to land its “moon sniper” explorer on the lunar surface on Friday, Jan. 19. If Japan’s first moon landing is successful, it will be the fifth country to pull off such a feat.
The “Smart Lander for Investigating Moon,” or Slim, was launched in September and uses “pinpoint landing” technology to reach within 328 feet of its specified target on the moon. The landing is scheduled for Friday morning, Jan. 19.
Meanwhile, a spacecraft that was intended to be the first lunar lander by a U.S. private company returned to Earth on Thursday, Jan. 18, burning up upon entering the planet’s atmosphere. A fuel leak doomed the U.S. lander’s journey early on. Another NASA-backed commercial moon mission is set to launch next month.
Pakistan strikes back at Iran; US targets Houthi missiles: The Morning Rundown, Jan. 18, 2024
Developing stories out of the Middle East as Pakistan fires back at Iran and the U.S. launches additional strikes at Houthi targets. And the latest Apple Watches will be back on sale on Thursday, Jan. 18, but with some changes. These stories and more highlight The Morning Rundown for Thursday, Jan. 18, 2024.
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Pakistan strikes Iran; U.S. targets Houthi missiles
There are new developments out of the Middle East as the possibility of a wider war in the region looms. Pakistan said it has carried out strikes targeting terrorists inside Iran.
The sole objective of today’s act was in pursuit of Pakistan’s own security and national interest, which is paramount and cannot be compromised.
Pakistan’s foreign affairs ministry
The strikes come after an Iranian missile attack on Tuesday, Jan. 16, that Pakistani officials said killed two children and was unprovoked. Pakistan said its strikes on Iran were “highly coordinated and specifically targeted precision strikes against terrorist hideouts.”
An Iranian official said the strikes killed at least nine people, including four children. Pakistan’s foreign affairs ministry released a statement that said Pakistan’s national security is its priority.
“Pakistan fully respects the sovereignty and territorial integrity of the Islamic Republic of Iran,” the statement said. “The sole objective of today’s act was in pursuit of Pakistan’s own security and national interest, which is paramount and cannot be compromised.”
Meanwhile, the United States launched another round of airstrikes against Houthi targets in Yemen on Wednesday night, Jan. 17. U.S. Central Command said U.S. forces targeted 14 Iran-backed Houthi missiles that were loaded to be fired from the Houthi-controlled areas of Yemen. The U.S. said the missiles presented an imminent threat to merchant vessels and Navy ships in the region.
On Wednesday, Jan. 17, the U.S. announced it was redesignating the Houthis as global terrorists for the group’s continued attacks against commercial ships in the Red Sea. The move subjects the Houthis to economic sanctions aimed to cut off funding to the militant group.
Speaker Johnson pushes the president for border reform in meeting on Ukraine aid
Following a meeting at the White House on Wednesday, Jan. 17, House Speaker Mike Johnson, R-La., told reporters he pressed President Biden on immigration reform, calling the southern border a “national security and humanitarian catastrophe.” Biden called congressional leaders pushing for more aid to Ukraine, aid that has been blocked by House Republicans for months demanding stricter border policy as the U.S.-Mexico border has been flooded with a record number of migrants.
According to the Pew Research Center, 10.5 million undocumented immigrants have been living in the U.S. since 2021. While Republicans have drawn a proverbial line in the sand demanding the border be addressed in any Ukraine-Israel funding package, the meeting may have marked a path forward for negotiations that have been at a stalemate in Congress.
Biden has requested $61.4 billion in additional funding for Ukraine, which includes additional funding for Israel. Still, it hinges on what border policy changes both sides can agree upon.
“We understand that there is concern about the safety, security, sovereignty of Ukraine,” Speaker Johnson said. “But the American people have those same concerns about our own domestic sovereignty and our safety, and our security.”
In talking to reporters following the meeting, Senate Majority Leader Chuck Schumer expressed some hope that talks are moving in the right direction, with both sides having similar goals. But he did note that compromise is the only way anything gets passed.
Texas defies DHS cease-and-desist letter after park takeover
A war of words is brewing between Texas and the Biden administration amid the immigration crisis at the border after the state’s national guard took over a public park along the U.S.-Mexico border last week. The state said the move was to deter migrants from illegally crossing into the area.
The Department of Homeland Security issued a cease-and-desist letter to Texas over the weekend, calling for officials to stop blocking federal border patrol agents from entering Shelby Park in Eagle Pass, by a deadline of Wednesday, Jan. 17.
The department said Texas’ move is obstructing border patrol from apprehending and processing migrants. Texas Attorney General Ken Paxton responded Wednesday, Jan. 17, sending a letter to Homeland Security, rejecting its request and saying the state will continue “utilizing its constitutional authority to defend her territory.” DHS has warned Texas it would refer the matter to the Justice Department should the state continue to deny border patrol full access.
Maine judge defers Trump decision until Supreme Court ruling
Maine’s secretary of state barred Trump from the ballot last month, citing his actions around the Jan. 6 capitol riots a week after the Colorado Supreme Court’s similar decision. Trump, the GOP frontrunner for the 2024 presidential election, has appealed the states’ decisions, leaving his name on both ballots for now.
The U.S. Supreme Court has agreed to hear the case out of Colorado, with arguments set for Feb. 8. The Maine judge ordered Maine’s secretary of state to make a new ruling within 30 days of the Supreme Court’s decision.
On Wednesday, Jan. 17, Trump voluntarily attended his defamation trial in New York for a second day, where he sparred with the judge, who threatened to kick him out of court for making comments as his accuser, columnist E. Jean Carroll, was testifying. Trump said he will not be at Thursday’s Jan. 18 court proceedings so he can attend the funeral of his mother-in-law, who passed away last week at the age of 78.
Iowa sues TikTok for misleading parents and exposing children to harmful content
Other states have filed similar lawsuits, though a judge in Indiana threw out the case. TikTok faces many other legal challenges, from inappropriate content to privacy concerns. It is not just TikTok facing backlash and challenges when it comes to protecting children from harmful content on social media; globally, there have been calls for social platforms to protect children.
In a statement regarding the latest lawsuit in Iowa, TikTok said it “has industry leading safeguards in place for young people, including parental controls and time limits for those under 18. We are committed to tackling industry wide challenges and will continue to prioritize community safety.” TikTok’s CEO, along with the other social media CEOs, is set to testify in front of the Senate Judiciary Committee on Jan. 31 discussing online child sexual exploitation.
Apple begins selling watches without blood oxygen feature
The latest versions of the Apple Watch will return to Apple store shelves but with some modifications. Beginning Thursday, Jan. 18, Apple will once again sell its Series 9 and Ultra 2 watches online and at its retail stores, but the watches will be without the blood oxygen feature.
This comes after Apple was banned from using the technology following an intellectual property dispute with the medical device company Masimo. The blood oxygen app will still be on the watches, but Apple said when users tap on it, they will be alerted that the feature is no longer accessible. Apple is still appealing the International Trade Commission’s ruling that found Apple infringed on Masimo’s patents.
And the United States Constitution does not tolerate an assault on the foundations of our government. And under Maine election law, I was required to act in response.
Maine Secretary of State Shenna Bellows
Since the decision, Bellows said she has received death threats and that her family was swatted after her address was leaked.
Now, Trump’s team has appealed bellows’ ruling. In the 11-page complaint, Trump’s team argued Bellows is “biased” and urged the courts to vacate her ruling. The complaint goes on to say that Bellows should have recused herself and failed to provide lawful due process.
Bellows told NPR that her personal view played no role in the decision and that she has a duty to uphold the Constitution.
“And the evidence presented at the hearing demonstrated that they occurred at the behest of and with the knowledge and support of the outgoing president,” Bellows said. “And the United States Constitution does not tolerate an assault on the foundations of our government. And under Maine election law, I was required to act in response.”
Trump is expected to appeal a similar ruling in Colorado after the state Supreme Court ruled to keep him off the ballot; the Colorado Republican Party has already appealed that ruling to the U.S. Supreme Court. Both decisions have been paused as the appeals play out in court, meaning Trump’s name remains on the ballot for now.
Massive Russian missile attack on Ukraine kills at least 12: The Morning Rundown, Dec. 29, 2023
At least a dozen people are dead after Russia launched one of its largest missile attacks on Ukraine. And the U.S. military’s space plane takes off on a secret mission with the help of a SpaceX rocket. These stories and more highlight The Morning Rundown for Friday, Dec. 29, 2023.
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Ukrainian officials said most of Russia’s missiles, as well as drones, were shot down, but not all. The strikes killed at least 12 civilians, with dozens reported injured and many others believed to be buried under rubble.
The approximately 18-hour barrage began Thursday, Dec. 28, and continued through the night, hitting six cities, including the capital, Kyiv, with the mayor confirming at least two people were killed there. The Ukrainian Air Force spokesman said Russia “apparently launched everything they have.” The attack comes days after Ukraine struck a Russian landing warship in Crimea.
Israeli army admits fault in two deadly strikes on Gaza
The Hamas-run Gaza Health Ministry said the two strikes killed at least 70 people. An Israeli military official told Israel’s public broadcaster that an improper choice of munition was to blame. The military said it “regrets the harm to uninvolved individuals and is working to draw lessons from the incident.”
The Gaza Health Ministry said more than 21,000 people have been killed in Gaza since the war began, though the U.S. has cast doubt on its figures in the past since Hamas controls the agency.
Maine drops Trump from ballot, Trump remains on California ballot
I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.
“I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment,” Bellows wrote about her decision. “I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.”
Colorado’s secretary of state said Trump will remain on the state’s ballot until the U.S. Supreme Court weighs in on the case following an appeal by the Colorado Republican Party.
The Trump campaign said it would appeal Maine’s decision to the state court system.
The ruling further heightens tensions around U.S. elections as calls for the U.S. Supreme Court to step in grow louder.
In California, the most populated state in the country, the secretary of state ruled Thursday night that Trump will remain on the state’s ballot in 2024, echoing recent decisions in Michigan and Minnesota.
The terms of Thursday’s Dec. 28 settlement were not disclosed, but the lawsuit filed in 2020 covered “millions” of Google users and sought at least $5,000 in damages per user. A federal judge in California had scheduled a February 2024 trial date for the case, but that has been put on hold as the settlement is finalized.
US population grew by nearly 2 million in 2023
According to the U.S. Census Bureau, the U.S. population grew by 1.75 million people in 2023. When the clock strikes midnight on 2023, the bureau estimates the U.S. population will be 335,893,238. According to the bureau’s data released on Thursday, Dec. 28, the majority of growth happened in the South and the West, with smaller population growth in the Midwest and the Northeast.
The agency added that the U.S. will likely see one birth every 9 seconds and one death every 9.5 seconds in January, and immigration is expected to account for one new person every 28.3 seconds. Overall, it is estimated that the U.S. will grow by one person every 24.2 seconds.
Fast-forward to 2080, and the Census Bureau says the U.S. population could be as high as 370 million. The U.S. is the third most populated country in the world, behind only China and India. Globally, the population grew by 75 million people in 2023, surpassing 8 billion people. According to the census data, the world expects to see 4.3 births and two deaths every second in January.
U.S. military’s mysterious spaceplane launches via SpaceX rocket
This was the first time the plane was launched atop SpaceX’s Falcon Heavy rocket from NASA’s Kennedy Space Center in Florida. Where the space plane is headed for in its seventh mission is anyone’s guess. The U.S. Space Force disclosed few details, but since the plane was launched by SpaceX’s powerful rocket, experts suggest X-37B could be heading for distant orbits, like the moon or Mars.
We know one test the plane is carrying, a NASA experiment to study how plant seeds are affected by the radiation in space, but other than that, the goals of the military’s space plan remain a mystery.
Michigan Supreme Court keeps Trump on ballot, opposite from Colorado ruling
Michigan’s Supreme Court has ruled that former President Donald Trump will be allowed to appear on the 2024 primary ballot after Colorado ruled his name would not be included. Michigan’s high court declined to hear a case that argues Trump cannot be on the ballot due to an insurrection clause in the 14th Amendment.
The democratic-appointed justices are upholding an appeals court’s ruling that rejected a group’s request to remove Trump from the ballot based on his actions on Jan. 6.
One of the justices released a statement siding with the lower appeals court’s decision. In the statement, the justice acknowledged the difference between Colorado’s ruling and Michigan’s.
“Significantly, Colorado’s election laws differ from Michigan’s laws in a material way that is directly relevant to why the appellants in this case are not entitled to the relief they seek concerning the presidential primary election in Michigan,” Justice Elizabeth Welch said.
Similar challenges over Trump’s presence on the ballot have been filed in more than 30 states. The question over Trump’s eligibility is likely to be decided by the U.S. Supreme Court.
Colorado justices receive threats after barring Trump from ballot
Colorado’s Supreme Court ruled Donald Trump is barred from being on the 2024 primary ballot. Shortly after the unprecedented ruling came down, the justices on the bench began receiving threats on social media.
After news broke of Colorado’s high court ruling to keep Trump off the ballot, Trump posted to Truth Social.
“What a shame for our country,” Trump’s post read.
Under his post, hundreds of comments surfaced, with some of them being violent in nature.
Four of the seven justices ruled Trump is ineligible to serve as president based on the 14th Amendment’s insurrection clause. Those four justices are now receiving death threats. The threats include calls for the justices to be killed by gunfire, hangings and bombs.
Some comments on the post read “Kill judges. Behead judges.” Other graphic language has also been found online referring to Colorado’s bench.
Some users have posted the justices’ phone numbers, emails, and office building addresses online. While the practice isn’t considered doxxing since the information is all public given they hold public office, it has raised concerns.
The focus will now be on the U.S. Supreme Court, as the justices’ interpretation of the 14th Amendment will be the deciding factor on whether Trump’s name remains barred from the ballot.
Constitutional lawyer explains why Trump shouldn’t be removed from ballot
Can former President Donald Trump be banned from the 2024 presidential election ballot over his actions surrounding the Jan. 6, 2021 riot at the United States Capitol building? Some legal scholars and politicians are trying to make that case.
Advocates for removing Trump contend the Jan. 6 riot was an insurrection and that Trump should be disqualified as a a result.
Section 3 of the 14th Amendment states in part: “No person shall…hold any office…having previously taken an oath…to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Now some secretaries of state are wondering how they should legally move forward with Trump on the ballot.
However, a number of constitutional law experts argue the 14th Amendment does not apply to Trump. That includes the director of the Constitutional Law Center at Stanford Law School, Professor Michael McConnell, who joined Straight Arrow News to explain.
Ray Bogan:
You wrote that Jan. 6 was not necessarily an insurrection or rebellion, and that the former president did not engage or give “aid” or “comfort” to it in the way that the framers [of the Constitution] meant. Why not? What was the intent of the 14th Amendment?
Professor McConnell:
The 14th Amendment was enacted immediately after the Civil War. And the purpose of Section 3 was to make sure that people who had been officials of the United States government and taken an oath of loyalty and then abandoned that and supported the Confederacy would not be able to hold office until Congress gave them permission to do so.
Bogan:
People who support using the 14th Amendment to remove Trump from the ballot say it’s self-enforcing, meaning a secretary of state can remove him on their own without a court ruling or conviction. What do you make of that argument?
McConnell:
Well, nothing is self-enforcing. That would be enforcement by a state secretary of state, and the authority of state secretaries of state varies from one state to another. So in the first instance, that’s a question of state law. I have very little doubt that if a state election official were to remove Mr. Trump or anyone else from the ballot, under Section 3, that would be taken up to the United States Supreme Court pretty fast.
Bogan:
To that point, I want to ask you about Arizona and Michigan specifically — those are two states that Trump won in 2016 and lost in 2020. They could be deciding factors in 2024. And they also both have Democratic secretaries of state. So what do you think of the possibility of a Democratic secretary of state removing Trump from the ballot in a crucial swing state?
McConnell:
Well, I think that’s not unlikely. There’s a lot of political pressure to do that. And there is a, you know, a colorable legal argument for it. And these days, it seems as though everybody on both sides pushes every power they have to the limit.
Bogan:
The House January 6 investigative committee made a recommendation to the Justice Department that Trump be charged with “Incite,” “Assist” or “Aid” and “Comfort” an insurrection. But Special Counsel Jack Smith did not charge him with that. And the Justice Department has prosecuted hundreds of people for their involvement in the Jan. 6 riot but has not charged anyone with insurrection. So let’s say, for purposes of this conversation, Trump was charged and found guilty of insurrection, or somebody who was there on Jan. 6 was found guilty and that there was an official court finding that Trump gave them aid or comfort. Does that change anything? Could he be removed then?
McConnell:
So the criminal statute of insurrection does state that anyone convicted of insurrection becomes ineligible to hold office. So there could indeed be an effect from that. Now, I don’t believe that Section 3 necessarily requires a criminal conviction. But I think it’s very significant that the Department of Justice must have thought about this. They have all the evidence, they know more about this than any of us do, and they chose not to bring a charge of insurrection against Mr. Trump or anybody else involved with Jan. 6.
Bogan:
I would like to ask you one question about former Attorney General Michael Mukasey’s op-ed in the Wall Street Journal. He said Trump cannot be disqualified under the 14th Amendment because that only applies to officers, not elected officials. And as president, he took a different oath of office than appointed officials. But let me ask you this: Is it plausible to argue that the president is not only an officer of the United States, but he is the chief executive officer?
McConnell:
So I’m not sure how the courts are going to rule on this or even whether they would get to it. But it is the case that the word office, either officer or civil office is used in about four different provisions of the Constitution. And the others almost certainly apply only to appointed office. So for example, the president is charged with commissioning all civil officers of the United States. He does not commission himself — no president or vice president has ever been commissioned. And the explanation for that is that they aren’t officers. Similarly, members of the House and Senate cannot serve in any civil office under the United States. And yet, in the case of a vacancy in the office, the Speaker of the House is the next right after the vice president to step in. That would be unconstitutional if the presidency is in fact a civil office. So I don’t know, ultimately how the courts would resolve this. But Attorney General Mukasey’s argument is certainly not frivolous.
Bogan:
Secretaries of state in Colorado, Michigan, Arizona and New Hampshire are all trying to get some legal clarity on this issue. The New Hampshire secretary of state said he’s going to ask his state’s attorney general, while others have said they’re going to be going to the courts for clarity. Who should the secretaries of state be getting their guidance from?
McConnell:
Well, in the first instance, they should be getting their guidance from their lawyer, which is presumably the state attorney general. But ultimately, this is going to be decided in court.
Bogan:
And what happens if 50 secretaries of state each come to their own conclusions as to whether Trump can be on the ballot in their state and they all give 50 different reasons. Who settles that?
McConnell:
Well, my guess is that this is going to go up to the Supreme Court pretty fast and that they will settle it. I don’t actually believe the Supreme Court is likely to intervene if they leave him on the ballot. But I think if any major candidate for office were removed from the ballot on the basis of some legally questionable, and I don’t mean wrong, but questionable, debatable justification, that the Supreme Court will step in. Because, after all, Americans do have a fundamental right to cast our votes for the candidates of our choice. And if that’s going to be taken away from us, I think that the Supreme Court is going to make sure that it was properly grounded.
Bogan:
Then finally, let me ask you one more question. In Colorado, a group of voters sued to keep Trump off the ballot. And there have also been suggestions that some of Trump’s primary opponents should sue and say they would be injured or harmed with him still on the ballot, because he would take votes away from them. In your mind, is there a particular party that can show they have true standing to sue here?
McConnell:
I do think that other candidates are more likely to be found to have standing. And I think the leading jurisdictional problem with the lawsuit in Colorado is actually the timing, what we call in the law “ripeness.” Because nothing has actually happened. And you don’t have a right just to sue in the vacuum thinking, you know, something might happen that might be unconstitutional. Nothing unconstitutional has happened. And it might never happen. And so I think it’s not unlikely the lawsuit will be tossed out.