Quotes from Trump's brief worth noting:
"Four years after the Fourteenth
Amendment’s ratification, Congress exercised
its power under Section 3 and passed the
Amnesty Act of 1872 with the required twothirds vote in each House. The Act provided
[t]hat all political disabilities imposed by the
third section of the fourteenth article of
amendments of the Constitution of the United
States are hereby removed from all persons
whomsoever, except Senators and
Representatives of the thirty-sixth and thirtyseventh Congresses, officers in the judicial,
military, and naval services of the United
States, heads of departments, and foreign
ministers of the United States."
Trump's first argument is that the amnesty act nullifies section 3, the Colorado authorities will argue that the amnesty act was only retroactive, and did not apply to FUTURE transgressors.
"In 1888, this Court held in U.S. v. Mouat, 124 U.S.
303, 307 (1888), that an “officer of the United States”
is only those individuals who are appointed to
positions within the federal government under Article
II of the Constitution. This definition does not extend
to those who are elected.
This Court emphasized that view again more
recently in Free Enterprise Fund v. Public Company
Accounting Oversight Board, 561 U.S. 477, 497-498
(2010), when Chief Justice John Roberts wrote that
“the people do not vote for ‘Officers of the United
States.’” Under this precedent, a cabinet official like
Attorney General Merrick Garland is an “officer of the
United States” since he was appointed by a president
and confirmed by the Senate. However, as the elected
heads of the Executive Branch, neither President
Joseph Biden nor former President Trump is a
current or former “officer of the United States.” "
Trump's second argument is that he is not an "officer of the United States" under the accepted definition of that term.
"finding an insurrection or rebellion
contradicts the decisions of the Senate. On January
11, 2021, the U.S. House of Representatives
introduced articles of impeachment against President
Trump that included the charge of “incitement of
insurrection.” Art. I, H. Res. 24, 117th Cong., 1st
Session. The Senate, which has the sole power to
remove a president under Section 3 of Art. I of the
Constitution, acquitted President Trump of that
charge on February 13, 2021."
Trump's third argument is that he has been acquitted of the charge of insurrection by the senate, and therefore cannot be penalized for engaging in one.
Pretty interesting stuff. The second argument alone seems pretty cut and dry. Section 3 does not apply to Trump. I predict the court will go 7-2 in Trump's favor, with the concurring liberal writing a scathing opinion on Trump's actions, but holding with the majority.
