Donald Trump, the current Republican frontrunner, is mounting a legal challenge against Maine's top election official, Secretary of State Shenna Bellows, who has made the decision to remove him from the ballot in the upcoming 2024 presidential election. Mr. Trump has also faced a similar removal from the ballot in Colorado, both situations citing the U.S. Constitution's insurrection clause and allegations of his involvement in the 2021 U.S. Capitol riot.
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Legal Challenge and Arguments
The move to exclude Trump from the ballot was based on challenges invoking the 14th Amendment of the U.S. Constitution, which prohibits individuals who have "engaged in insurrection or rebellion" from holding federal office. In response, Trump's attorneys filed a court appeal, asserting that Bellows, a Democrat, was a "biased decision maker" without the legal authority to exclude him from the ballot. The filing also accused her of making "multiple errors of law" and acting "in an arbitrary and capricious manner."
Additionally, Trump's legal team argued that the Secretary's actions will lead to his "illegal exclusion" from the ballot. The decision-making authority came into effect due to a group of current and former state lawmakers challenging Trump's place on the ballot, which Maine law required Bellows to rule on.
Legal Landscape and Potential Supreme Court Involvement
While similar challenges in Michigan and Minnesota were rejected in court, it is anticipated that the U.S. Supreme Court will address the issues raised in Maine and Colorado, with broad implications nationwide. It's noted that the Supreme Court's ruling will ultimately shape the outcome of Trump's eligibility in the 2024 election.
David Janovksy, a senior policy analyst at the Project on Government Oversight, emphasized that the involvement of the Supreme Court in this matter is crucial, especially considering the backdrop of conflicting state decisions and the urgency due to the ongoing election year.
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Response from Secretary of State Shenna Bellows
In a recent interview with the BBC, Secretary Bellows defended her actions, expressing the hope that the matter would be resolved by the Supreme Court. She stressed her mindfulness of the unprecedented nature of her decision, given that no other secretary of state in U.S. history has removed a presidential candidate due to the insurrection clause. She countered claims of political motivation, instead asserting that her decision was "thorough and based on the rule of law."
Trump's Reaction and Other Legal Challenges
Trump and his campaign have vocally opposed the rulings in Maine and Colorado, labeling them as politically motivated measures aimed at diminishing his prospects of winning the 2024 election. Beyond the ballot exclusion issue, Trump faces impending trials in federal court and in Georgia, related to his efforts to overturn the 2020 election results. Notably, he has not been charged with inciting insurrection in these cases.
Recent Development and Lawsuit
In a separate case, a federal judge in Washington DC ruled that part of a lawsuit against Trump, associated with the death of Capitol Police officer Brian Sicknick during the 6 January riot, can proceed. The lawsuit, brought by Sandra Garza, the late officer's spouse, targets Trump and two participants in the riot.
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Source: bbc
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