Dang! I think I just listened to a murder inside the Supreme Court! Thursday, February 8, was the day that SCOTUS heard arguments from Colorado’s attorneys on why they think their state should be allowed to exclude Donald Trump from the ballot this year.
The court only heard oral arguments and won’t release a decision until later this month or early March at the latest. But based on the way that the line of questioning went, it’s looking like this could turn out to be a 9-0 decision in favor of President Trump.
The sacrificial lamb was an attorney named Jason Murray, who was representing Colorado. The Colorado Supreme Court ruled last month that the state can exclude Trump from the ballot based on Section 3—the “Insurrection Clause”—of the 14th Amendment. Poor Jason Murray got B-slapped by the Supreme Court for almost two hours straight.
It sounded bloody (cameras were not allowed in the courtroom, but the audio feed of the arguments was available everywhere). Poor Jason Murray is so bad at his job that he managed to make Justice Ketanji Jackson Brown sound smart! Oh, sorry. I always get her name confused with the singer. Meant to write ‘Justice Ketanji Brown Jackson’.
Judge Jackson was appointed by Joe Biden. Remember her? She was the one who couldn’t even define what a “woman” was during her confirmation hearing. But after today, we’re pretty sure that she has read the 14th Amendment.
“Why didn’t they put the word ‘president’ in the very enumerated list in section 3?” Jackson asked poor little Jason Murray. “The thing that really is troubling to me—I totally understand your argument—but they were listing people that were barred [from office under the 14th Amendment] and ‘president’ is not there.”
I don’t think it’s going out on a limb to suggest that if you can’t convince Ketanji Brown Jackson that Donald Trump committed insurrection, then you’ve got a sh*t argument.
She’s right, by the way. As we’ve pointed out from the beginning, the Insurrection Clause in the 14th Amendment does not apply to presidents or vice presidents. It has a specific list of offices that it does apply to. That includes Senators, Representatives, electors, and civil and military officers. The 14th Amendment doesn’t even apply to Trump. While Ketanji Brown Jackson is definitely not the brightest bulb on the Supreme Court, it turns out that she is smarter than the average Democrat.
Justice Brett Kavanaugh also manhandled Colorado’s sad little lawyer. He pointed out that insurrection is a federal crime. It’s 18 U.S. Code § 2383. It’s just one short little paragraph that anyone can read in a few seconds. Kavanaugh notes that if Donald Trump had actually committed an insurrection, Joe Biden’s partisan hack of an Attorney General, Merrick Garland, would have charged Trump with that.
Not only has Donald Trump never been charged with insurrection—which is a real federal crime—but neither have any of the mostly peaceful January 6 protesters. That’s because there never was an insurrection.
This is not even a nuanced thing. But explaining this to a liberal feels like arguing with a third grader. Even Wikipedia, which is run by CIA operatives who hate Donald Trump, defines an insurrection as an “armed rebellion.” No one was armed on January 6th. It was mostly baby boomers with knee problems, a guy in Viking horns, and that foxy model in the Captain America costume on top of the scaffolding. (I’m glad they never identified or arrested her. I like the idea that Captain America is still out there somewhere.)
Anyway, the very simple fact of the matter is that there was no insurrection, Donald Trump has never been charged with insurrection, and therefore Trump cannot be excluded from the ballot for waging an insurrection. It seriously looks like this is going to be a 9-0 pummeling when the ruling is released.
Justice Neil Gorsuch slapped poor little Jason Murray around for almost two straight minutes. Fortunately, that exchange was posted to Rumble.