Hill criticized for urging Congress to block Trump from taking office: ‘You people are sick’
The Hill’s opinion writers have called on Congress to file a repeal of the 14th Amendment to prevent President-elect Donald Trump from taking office next month.
In a column published Thursday, Evan A. Davis and David M. Schulte argue that the 14th amendment enables Congress to veto electoral votes as it considers Trump, in their words, “a treasonous traitor.”
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Article 3 of the 14th Amendment prohibits former office holders who “engaged in treason” or who “gave aid or comfort to the enemy” from holding public office again. The limit can be lifted by a two-thirds vote in each house.
Citing this retraction, Davis, former editor-in-chief of the Columbia Law Review and Schulte, former editor-in-chief of the Yale Law Journal, said Trump is unfit to be president. The two have called on Congress to act when they meet for the official count of the election votes next week.
“The impeachment is based on rebellion against the Constitution and not the government. The evidence that Donald Trump is involved in such rebellion is overwhelming,” they argued. “The issue was decided in three separate forums, two of which were fully opposed to the participation of Trump’s advisers.”
The authors cited Trump’s second impeachment hearing, the January 6 Capitol investigation by Congress and Colorado Supreme Court the decision to disqualify the former president and the incumbent from appearing in the state polls in 2024 as grounds for his disqualification.
“On January 13, 2021, former President Trump was indicted for ‘incitement to sedition’ … Section 3,” they said.
“The inescapable conclusion of this evidence is that Trump has engaged in subversion of the Constitution.”
The decision of the state of Colorado to kick Trump from voting on the basis of the determination of the 14th amendment, which was overturned by the US Supreme Court, found that “there is clear and convincing evidence that President Trump was involved in treason as those words are used in Article. Three,” wrote Davis and Schulte.
But the decision was appealed and the Supreme Court found in Trump’s favor, concluding that “the states have no power under the Constitution to enforce Article 3 in relation to federal offices, especially the Office of the President.”
Still, Davis and Schulte held that “the court did not address the finding that Trump had committed treason,” stressing that the Supreme Court’s decision in the case does not prevent Congress from rejecting the electoral votes when it convenes on January 6.
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“Counting Electoral College votes is a matter specifically given to Congress by the Constitution. Under well-settled law, this fact deprives the Supreme Court of a say in the matter, because the rejection of a vote for constitutionally stated reasons is a political question that cannot be reviewed,” they said.
The authors urged Congress to reject the electoral vote using the Election Counting Act, which allows for a challenge only if “the electors of a district are not legally authorized or if the vote of one or more electors is ‘not regularly cast.’
“Voting for a candidate who has been cut off by the Constitution is clearly consistent with the use of the words ‘irregularly given,'” they said. “Removal for participation in treason is not the same as revocation based on other constitutional requirements such as age, citizenship from birth and 14 years of residence in the United States.”
Impeachment under the Census Act requires a petition signed by 20 percent of the members of each House.
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“If the opposition is supported by a majority of votes in each house, the vote is not counted and the number of votes needed to be elected is reduced by invalid votes. If all of Trump’s votes are counted, Kamala Harris will be elected president,” they wrote.
“The likelihood that Republicans in Congress will do anything to elect Harris as president is clear,” they concluded. “But members of the Democratic Alliance need to stand against Electoral College votes for someone constitutionally barred from holding office unless this disability is removed. Nothing less is required of their oath to uphold and defend the Constitution.”
The column received a swift and vicious backlash online, with critics accusing the writers of “sanctioning sedition.”
“Oh, look. The Democrats want to steal the election and invalidate the will of the American people. A Threat to Democracy,” Trump campaign spokesman Steven Cheung wrote on X.
“You people are sick,” Eric Trump responded.
“Sounds like @thehill is condoning treason. Yes, try to block the inauguration of the President who won the popular vote and the electoral college. Let’s see how that goes for all of you,” said anti-resurrection activist Robby Starbuck.
This article includes a conspiracy to overturn the 2024 election,” said Senior Advisor to the Article III Project, Will Chamberlain.
Political comedian Tim Young opined, “@thehill In a wonderland, the Democrats on The Hill think they can stop Trump from taking office.”
Kevin and Keith Hodge, known as the Hodgetwins, responded, “This is a real treason against the will of the people.”
“This sounds like treason,” admitted reporter Ian Miles Cheong.
“The warrants given to people mean a lot less than this about Biden in 2021,” said conservative analyst John Cardillo.
“This is nonsense Democrats must reject and Trump won through the democratic process,” wrote former president John Delaney. “Democrats must work with him if it benefits the nation or its members or stand firm if not. The American people do not want innocent obstructionists.”
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