lost cause, the trumpian lost cause could win the presidency again and come back into power, unless we use the terror of our laws to prevent it. joining us once again is david blight, professor of american history and african american studies at yale university. processor bright, thank you very much for coming back. i can t tell you how agonizing it is for me to go to a commercial in situations like that and i just want to give you more time to expand on your point. with the departure point being what we found and on trump s new legal filing in maine, or one of the points where his maine lawyer makes is, the 14th amendment bars someone who engaged in insurrection or gave aid and comfort to insurrectionists, from holding office.
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in colorado, are not really arguments about section three of the 14th amendment and why conservatives and liberals alike have concluded that it applies here. they re basically arguments against the constitution. their arguments say the constitution of the united states made a big mistake in telling officials of the united states, especially a president, that if they take an oath to support the constitution and then turned against it and engage in treachery against the constitution, insurrection against it, then they can t run again. that provision just should not have been there, because it is not a good idea. if somebody is popular enough
but she was right in suspending the effect of her decision pending an appeal to the superior court of maine, recognizing that she doesn t have unilateral authority to make this decision. donald trump s new main lawyer is leaning on the statutes in maine, saying that those statutes only give the secretary of state authority to do things like make sure he has enough signatures to be on the ballot, requires thousands of signatures, make sure his address is correct, kind of clerical things like that in his application to be on the ballot. and then the trump lawyer says, the secretary had no statutory authority to consider the challenges raised under section three of the 14th amendment. basically trying to treat the disqualification clause of section three, which is really central to the preservation of democracy from those who would overturn it as a kind of second class status, not nearly as basic as residency or birth. it isn t.
for questions next week in oral argument by the judges about amicus briefs filed in the case by third parties, including one that says donald trump has no right to appeal judge chutkan s denial of immunity until after the trial. so it is possible that donald trump s appeal of this absolute immunity claim could be short-circuited by the appeals court if they agree with that amicus brief, which they find important enough to have warned the lawyers that they are going to discuss it in oral argument next tuesday. here is the immunitylaim. that donald trump s lawyers have made in their written brief to the appeals court. no president, current or former, may be criminally prosecuted for his official act unless he is first impeached and convicted by the senate. that claim defies the history