Sure, Constitution and Colorado say Trump can’t run. But politically, what a disaster | Opinion
Sure, the 14th Amendment’s Insurrection Clause says that anyone who has taken an oath to support our Constitution and then “engaged in insurrection or rebellion” cannot “hold any office, civil or military.” Even those oath-breakers who have merely given aid and comfort to insurrectionists are barred.
Conservative former federal judge J. Michael Luttig has called the Colorado Supreme Court’s decision to disqualify former President Donald Trump from the state’s 2024 primary ballot on this basis “masterful, “brilliant,” and “an unassailable interpretation of the 14th Amendment.”
If rallying the Rebs, who actually showed up with a Confederate flag on Jan. 6, to try and stop the peaceful transfer of power after an election that Trump knew from his own aides that he had lost does not qualify as breaking faith with the Constitution, then what would?
To argue that what happened before, during and after that day cannot properly be defined as an act of rebellion makes even a dodge like “depends what the meaning of ‘is’ is” look straightforward by comparison. So does the claim that Trump didn’t technically “engage” in the wild Washington riot he promised, planned, refused to stop and still defends.
Even as the mob that wanted to hang Mike Pence finally drifted away from the U.S. Capitol, proudly posting video of their violent handiwork, Trump sent them off with hugs and kisses, aid and comfort, telling them, “we love you” and “you’re very special.”
But whatever the law says, and the U.S. Constitution is the law, or used to be, all attempts to hold Trump accountable for anything at all only make him more of a martyr. They help him politically.
This is not a uniquely Trumpy phenomenon.
Bill Clinton was at the height of his popularity during his scandals and impeachment. The conventional wisdom then was that this was in reaction to Republican “overreach,” which is exactly how Trumpublicans see their man’s two impeachments and 91 charges in four criminal cases.
No amount of evidence would make Trump’s most dedicated followers wake up one day wondering if maybe he’s been so widely and well indicted because of his own criminality.
Before the Colorado decision, a Trump-supporting couple I saw interviewed on NBC summed up the situation pretty well I thought. First, the man said he was more strongly in favor of the former president than ever, because the poor guy has been hounded from the beginning, and over absolutely nothing. His wife didn’t quite agree: Oh, I think there’s something to the charges against him, she said, but then added that this hasn’t made her any less likely to vote for him, because she doesn’t really care what he’s done.
Their attitude is why, whatever the Constitution says and means, I hope Donald Trump isn’t kept off the ballot, in Colorado or anywhere. Because if that happens, it will improve his chances.
Aggrievement has become such a surefire political aphrodisiac that candidates highlight and hope to cash in on every insult.
Come to think of it, maybe the Joe Biden impeachment inquiry that even some Trumpublicans have said is based on bupkis will goose his approval ratings, too.
But Biden doesn’t embrace the victimhood that’s so central to Trump’s view of himself, and to the way his supporters see both him and themselves.
And even if the 14th Amendment relieved us of Trump, only voters can rid us of Trumpism.
This story was originally published December 21, 2023 at 7:32 AM with the headline "Sure, Constitution and Colorado say Trump can’t run. But politically, what a disaster | Opinion."
