This Stuff Is Constitutional Law 101
The Michael Berry Show
KTRH
4.8 • 2.3K Ratings
🗓️ 13 February 2024
⏱️ 9 minutes
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| 0:00.0 | The Michael Berry Joe last week the Supreme Court heard arguments by the state of Colorado |
| 0:08.0 | To keep Donald Trump off the ballot |
| 0:11.2 | This is really happening in this country. |
| 0:15.0 | Unthinkable. |
| 0:18.0 | Their lead attorney, Jason Murray, tried to tell Justice Breck Kavanaugh that Trump should not be on the ballot |
| 0:27.1 | because he committed an insurrection. This is how that went. He had the opportunity to call witnesses remotely. |
| 0:37.0 | He didn't use all of his time at trial. |
| 0:39.0 | There was ample process here, and this is how ballot access determinations in election |
| 0:44.3 | cases are decided all the time. Okay a second question. Some of the rhetoric of |
| 0:49.3 | your position I don't think it is your position some of the rhetoric of your |
| 0:52.1 | position seems to suggest |
| 0:54.4 | unless the states can do this, no one can prevent insurrectionists from holding federal |
| 0:59.4 | office. But obviously Congress has enacted statutes, including one still in effect, Section |
| 1:06.4 | 2383 of Title 18, prohibits insurrection, it's a federal criminal statute, and if you're convicted of that you are it says shall be disqualified from holding any office and so there is a federal statute on the books but President Trump has not been charged with that. |
| 1:24.6 | So what are we to make of that? |
| 1:29.6 | So the point is, you're asking us to remove Donald Trump from the ballot to allow you to do that on |
| 1:41.5 | the basis of him having committed insurrection, but you've never charged him with |
| 1:47.4 | insurrection. |
| 1:51.4 | That's the logical fallacy here. |
| 1:55.0 | Should we also remove him for murder? |
| 1:58.0 | You've not charged him with murder. |
| 2:02.0 | You can't just say we're removing him because he committed this federal crime. |
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