On Sept. 12, a bipartisan group known as Free Speech For People filed a lawsuit attempting to remove former President Donald Trump from the Minnesota 2024 presidential ballot. The lawsuit holds that his inclusion on the ballot is in violation of the Constitution’s 14th amendment due to his role in the Jan. 6 insurrection. Not only do I agree with this conclusion, there are many reasons he should not qualify.
The case hinges upon the 14th Amendment’s Disqualification Clause, which, per Constitution Annotated, the official Congressional website on the Constitution, states “No person shall…hold any office…[that has] engaged in insurrection or rebellion.” In Trump’s case, the rebellion in question is the Jan. 6 insurrection. Trump has tried to disrupt the peaceful transfer of power and should not be on the ballot.
There are two main arguments in the defense of Trump: the insurrection was a “protest,” protected by the First Amendment, and Trump wasn’t involved in the breaching of the building.
The insurrection was not protected by the First Amendment. From Constitution Annotated, the First Amendment reads, “Congress shall make no law… prohibiting…the right of the people to peaceably assemble.” Jan. 6 was not a peaceful protest. It was a riot. Trump supporters broke down barricades and smashed windows, with a mob of people marching down the halls chanting, “Hang Mike Pence!”
Additionally, Trump was directly responsible for the attack, even if he was not inside the building. In an official transcript from NPR of Trump’s speech before the riot, he is quoted as galvanizing people to “fight like hell…if you don’t…you’re not going to have a country anymore.” Trump also rallied his supporters to turn against Mike Pence, who was responsible for certifying the election results: “…if Mike Pence does the right thing, we win the election.” He wanted Pence to falsify voting results and was using populist pressure to help achieve his goals. He is liable for inciting violence against a public figure, whipping the crowd into a frenzy to get what he wanted.
Trump’s lawyers claim he advocated for peace in a different part of his speech: “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.” However, this reads as more of an afterthought to protect himself, confirmed by a record of Trump’s tweets on Jan. 6 obtained by the American Presidency Project. Trump urged his supporters to “stay peaceful” only after 20 other tweets encouraging their actions.
Looking at the evidence, it is clear why the lawsuit has support from both Minnesota Democrats and Republicans. Trump has broken the law and is trying to force his way back into power with his popular support. He has been indicted on 87 different criminal counts and should not be allowed to run again.
This piece was originally published in Zephyrus’ print edition on October 12, 2023.
