Tag Archives: Republican National Convention

The 14th Amendment Controversy

Former President Donald Trump / Photo by Gage Skidmore

By Jim Ellis — Thursday, Sept. 7, 2023

President

Trump: Insurrection or Rebellion? — There is a great deal of discussion mounting about whether a key provision of the 14th Amendment to the US Constitution will disqualify former President Donald Trump from the 2024 presidential election ballot.

Recently, two US senators, Tim Kaine (D-VA) and Mike Lee (R-UT), assumed opposite debate positions. The phrase “have engaged in insurrection or rebellion” is at the crux of the argument. Sen. Kaine believes Trump engaged in insurrection with regard to his actions surrounding the January 6th Capitol incursion and should be disqualified from running for office. Many legal scholars agree.

Conversely, Sen. Lee objects, citing that the US Senate found then-President Trump not guilty of insurrection in the second impeachment vote. Therefore, he says, the “rebellion or insurrection” phrase does not apply. Many legal scholars agree.

Sen. Kaine, during a CNN interview, argued that “the language (of the amendment) is specific: If you give aid and comfort to those who engage in an insurrection against the Constitution of the United States — it doesn’t say against the United States, it says against the Constitution. In my view, the attack on the Capitol that day was designed for a particular purpose … and that was to disrupt the peaceful transfer of power as is laid out in the Constitution.”

In an interview with Utah’s Deseret News, Sen. Lee indicated he agrees with the arguments put forth from University of California at Berkeley professor John Yoo and others who published a paper pertaining to this subject.

Professor Yoo and the others penned in part, “if it were clear that Trump engaged in insurrection, the Justice Department should have acted on the January 6 Committee’s referral for prosecution on that charge. Special Counsel Jack Smith should have indicted him for insurrection or seditious conspiracy, which remain federal crimes. If it were obvious that Trump had committed insurrection, Congress should have convicted him in the two weeks between January 6 and Inauguration Day. Instead, the House impeached Trump for indictment to insurrection but the Senate acquitted him.”

Obviously, there are strong opinions on both sides of this argument and, as Sen. Kaine said, the courts, and most likely the US Supreme Court, will ultimately have to make a ruling.

The larger question, however, that no one is yet addressing, is when all of this will happen. If, for example, Trump is convicted in the Washington, DC trial regarding his January 6th actions, the 14th Amendment move to disqualify him could be triggered. Should this scenario unfold, perhaps the most important point would be whether the timing is before or after the Republican National Convention now scheduled for July 15-18, 2024.

If Trump’s name is stricken from the ballot, and that will likely become a state by state issue, then the Republicans will have to nominate a new candidate, assuming that Trump has accumulated enough delegates to clinch the nomination. Currently, the latter observation appears highly likely.

If the disqualification move comes before the RNC meets, the delegates could then nominate a new candidate in an open convention. After Trump becomes the official party nominee, then a whole new set of circumstances will occur, most of which will be subject to conjecture.

Will the vice presidential nominee automatically assume the top ballot positions? Would the RNC instead be called into a special convention to nominate another candidate? Would every state recognize the RNC action, regardless of the course the national political party chooses?

Should the 14th Amendment scenario not be solved before the convention convenes, it is probable the delegates would pass binding resolutions to cover a succession protocol in case what currently exists in the party bylaws is not wholly clear or does not fully apply to the current situation. In any event, political and legal chaos would undoubtedly ensue.

Consider the situation already coming to the forefront in Arizona. Democratic Secretary of State Adrian Fontes says his state’s Supreme Court has already answered the 14th Amendment issue. Fontes says, though he disagrees with the court’s ruling, that the Arizona Supreme Court has dictated Congress would have to specifically designate that Trump, or any other candidate, is to be disqualified from the ballot as it relates to the 14th Amendment insurrection or rebellion language. Otherwise, the candidate in question would be placed on the Arizona ballot.

It is very likely we will see other states invoking some exception or quirk in their own election law that would either place Trump on their ballot or disqualify him. Therefore, the 2024 election participants would then be forced to traverse another set of controversial circumstances that will clearly affect the outcome of the still unfolding campaign.

Presidential Polling Progress

By Jim Ellis

Aug. 27, 2020 — The Republican National Convention coverage featured several mentions of swing state polling getting closer between the two presidential candidates, and recent moves from both sides would seem to suggest that internal survey numbers also reflect such a trend.

Below, we compare the 10 most recent polls with the 10 prior surveys in each of the key states to better illustrate the campaign’s movement:


ARIZONA

Last 10 Public Polls: July 17 – August 23
• Biden Aggregate Average Lead: 3.2%

Previous 10 Public Polls: June 26 – July 24
• Biden Aggregate Average Lead: 4.4%

Swing: Trump +1.2%


FLORIDA

Last 10 Public Polls: July 17 – August 22
• Biden Aggregate Average Lead: 3.2%

Previous 10 Public Polls: June 8 – July 21
• Biden Aggregate Average Lead: 6.9%

Swing: Trump +3.7%


GEORGIA

Last 10 Public Polls: July 9 – August 15
• Trump Aggregate Average Lead: 0.4%

Previous 10 Public Polls: May 4 – July 2
• Trump Aggregate Average Lead: 0.1%

Swing: Trump +0.3%


MICHIGAN

Last 10 Public Polls: July 24 – August 23
• Biden Aggregate Average Lead: 7.0%

Previous 10 Public Polls: July 9 – July 26
• Biden Aggregate Average Lead: 7.4%

Swing: Trump +0.4%


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Hoosier Musical Chairs

By Jim Ellis

July 19, 2016 — Indiana Gov. Mike Pence’s selection as Donald Trump’s Republican vice presidential nominee begins an unusual succession process. Immediately, the members of the Indiana Republican Party’s State Committee must take action to choose replacement nominees for what is becoming a series of vacancies.

Friday was the state deadline to finalize the November ballot. Up until noon on July 15, candidates throughout Indiana could withdraw after winning the May 3 primary, leaving the affected political party structure in charge of selecting replacements. Never has the ballot deadline created such an active period.

Somewhat lost in the deadline flurry of activity surrounding Pence’s ascension to the national ticket, was the Democratic move earlier in the week when party leaders were able to convince ex-Rep. Baron Hill (D-IN-9) to withdraw from the Senate race and allow former senator and governor, Evan Bayh (D), to step in as the replacement.

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A Contested Convention After All?

By Jim Ellis

June 27, 2016 — There is clear evidence that “Never Trump” Republican national delegates are organizing an effort to force a national convention rules change and, in effect, fully open the floor proceedings when all delegations gather in Cleveland.

The movement received a shot in the arm earlier in the week when Republican National Committee chairman Reince Priebus appointed former US Rep. Enid Greene Mickelsen (R-UT) as chair of the national convention rules committee, and veteran RNC committeeman and former White House staff member Ron Kaufman (R-MA) as her co-chair. In doing so, Priebus by-passed the current RNC eules committee chairman, Arizona committeeman Bruce Ash, who is a strong proponent for keeping the rules consistent.

That’s not to say that Mickelsen and Kaufman would be sympathetic to opening the convention, but it was clear that Ash is hostile to the idea. In media interviews, Ash repeatedly stated that Donald Trump has abided by all party rules and fairly won the nomination through his particular strength in primaries. Trump has amassed more votes than any Republican candidate in history, meaning his presidential nomination is clearly legitimate. Ash further indicated that the GOP delegates, including himself, represent the Republican voters of their states, and they have clearly selected Trump.

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Today’s Primaries

By Jim Ellis

May 24, 2016 — Voters in several states go to the polls in primary elections today, but only one group will vote for president.

Washington

Washington State Republicans will visit the polling places and cast ballots in the presidential contest even though the delegates were just chosen over the weekend. Though the state convention participants overwhelmingly chose Sen. Ted Cruz supporters as national delegates, they will still be bound to the voters’ choice on the first ballot at the Republican National Convention.

Turnout will likely be low because the nomination of Donald Trump is now a foregone conclusion, and the state primary, featuring the US Senate and House races, will not occur until Aug. 2. Therefore, today’s vote is a stand-alone Republican presidential contest since Democrats have previously voted in caucus.

Washington is a 20 percent threshold state, and there is a reasonable chance that Trump will be the only contender to exceed the minimum percentage. If so, he would be awarded all 11 at-large delegates.

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Trump’s Makeover

By Jim Ellis

May 6, 2016 — Sen. Ted Cruz (R-TX) and Gov. John Kasich (R-OH) departing the 2016 presidential campaign on successive days unofficially awards Donald Trump with the Republican presidential nomination. Though it will still take the New York real estate mogul until the final primary day (June 7) to commit the 1,237 delegates he needs for a first-ballot nomination victory, he is, nevertheless, now beginning a general election campaign effort against former Secretary of State Hillary Clinton.

Cruz’s abrupt about-face on previous statements that he would not leave the race is a bit curious. With the ebbs and flows of this campaign, it would not have been surprising to see yet another switch in campaign momentum. In mid-April, for example, it was Trump who was floundering and on the political ropes just before the New York and eastern regional primaries launched him back on the final course toward the nomination.

It is clear, however, that what looked to be coming Cruz winner-take-all victories in Nebraska, South Dakota, and possibly Montana, along with surely accumulating more delegates in the remaining proportional states of Oregon, Washington and New Mexico, the Cruz campaign analysts obviously came to the conclusion that they could not overcome Trump.

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New York Landslide a Precursor?

By Jim Ellis

April 20, 2016
— Donald Trump exceeded expectations last night in New York by capturing what appears to be 90 of the Empire State’s 95 delegates. Needing to score approximately 80 delegates to get back on track for a long-shot first ballot victory at the Republican National Convention in July, Trump did significantly better in his home state than pre-election projections foretold.

Trump garnered 60.5 percent of the statewide vote, making this the first time he has scored a majority in a primary. Gov. John Kasich (R-OH) was second with 25.1 percent, while Texas Sen. Ted Cruz could manage only a 14.5 percent vote total.

Ironically, the only one of the 62 counties Trump failed to carry was New York County, or Manhattan Borough, which is his home. Gov. Kasich took Manhattan, and won the remaining five NY delegates.

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