Former federal judge says the Constitution could disqualify Donald Trump in 2024, not Joe Biden's actions

Former federal judge says the Constitution could disqualify Donald Trump in 2024, not Joe Biden's actions

 Conservative former federal judge J. Michael Luttig denied allegations that the Colorado Supreme Court's ruling disqualifying former President Donald Trump from the state's presidential primary ballot was a political choice.

The Colorado court's decision last week is the first time a court has accepted a theory that a former president has tried to overturn the 2020 election by disqualifying himself from a second term.

In an interview with MSNBC on Saturday, host Ali Velshi asked the former judge about concerns that disqualifying the 2024 Republican frontrunner is anti-democratic, even if it complies with United States law.

Luttig criticized politicians and media outlets for accepting the argument, explaining "It's the Constitution itself that disqualification is not anti-democratic."

“In fact, the Constitution tells us that it is conduct that can give rise to disqualification. Namely, an insurrection or rebellion that is anti-democratic. To me, that's as clear as any document or constitution," Luttig said.

"I think it's crystal clear, and it will be crystal clear to the American public, that it's the Constitution of the United States that disqualifies a former president from high office if he's ineligible. To talk to political warriors, it's not President Joe Biden. It's Not the Democrats. It's not anti-Trump. It's the United States Constitution," he added.

Former federal judge says the Constitution could disqualify Donald Trump in 2024, not Joe Biden's actions

The legal tangle at the center of the case is the wording of the Constitution's sedition clause and whether Trump incited rebellion when he attacked the U.S. Capitol on January 6, 2021.

A district judge in Colorado said last month that Trump had "engaged in sedition" by inciting crowds to storm the US Capitol, but that provisions of the 14th Amendment that disqualify certain officials for engaging in treason do not apply to the president. However, the Colorado Supreme Court rejected that argument in a 4-3 ruling, saying the section applies to former presidents.

"We do not reach this conclusion lightly," the court wrote. "We are conscious of the magnitude and weight of the question now before us. We are equally conscious of applying the law without fear or prejudice and without being swayed by public reaction to the decisions we are forced to reach."

​Credit by USA Today