The Law That Disarmed Trump Is Unfair, Illogical, and Constitutionally Dubious

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The Law That Disarmed Trump Is Unfair, Illogical, and Constitutionally Dubious

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The Law That Disarmed Trump Is Unfair, Illogical, and Constitutionally Dubious

//politics-government.news-articles.net/content/ .. fair-illogical-and-constitutionally-dubious.html

Published in Politics and Government on Wednesday, January 15th 2025 at 3:01 GMT by MSN
^{🞛 This publication is a summary or evaluation of another publication 🞛 This publication contains editorial commentary or bias from the source}

President-elect Donald Trump's sentence of "unconditional release" for violating a New York law that prohibits falsification of business records entails neither jail nor probation. But unless Trump successfully challenges his 34 felony convictions on appeal,

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The article discusses the legal and constitutional issues surrounding the application of Section 3 of the 14th Amendment to former President Donald Trump, which was used to disqualify him from holding office due to his alleged involvement in the January 6th Capitol riot. The piece argues that this law, originally intended to prevent former Confederates from holding office post-Civil War, is being misapplied in Trump's case. It highlights several points of contention: the ambiguity in defining what constitutes an "insurrection," the lack of due process in determining Trump's guilt, and the potential for this law to be used as a political weapon. The author, Alan Dershowitz, contends that the law is unfair, illogical, and constitutionally dubious because it bypasses traditional legal proceedings, potentially violating Trump's rights to due process and equal protection under the law. He suggests that such significant decisions should be made through criminal trials rather than by administrative or judicial fiat, emphasizing the need for a clear legal process to determine guilt in matters of such gravity.

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