Illinois May Remove Trump from Primary Ballot

( – Former President Donald Trump may have his name removed from the Illinois primary ballot after a challenge was brought to the State Election Board by residents Charles J. Holley, Steven Daniel Anderson, Jack L. Hickman, Ralph E. Cintron, and Darryl P. Baker. Lawyers for the plaintiffs presented their arguments while Trump’s attorneys made the counterarguments.

Retired Republican judge and hearing officer Clark Erickson had a split decision. He agreed with the plaintiffs that a “preponderance of evidence” indicated that Trump did indeed participate in an “insurrection” on January 6th, 2021, and as a result, he’s unable to hold office. However, he disagreed that such “complex constitutional questions” could be adequately addressed by a State Election Board hearing and likened the process to having two heavyweights engage in a boxing match in a telephone booth. He suggested that the question be left up to the Supreme Court.

Multiple states have already attempted or are in the process of challenging Trump’s appearance on ballots using the same argument.

The counterargument is that January 6th wasn’t an insurrection due to an absence of organization, firearms, or any real intention of taking over the government. The Fourteenth Amendment has never been used historically to bar a presidential front-runner from participating in the contest and was passed in the aftermath of the Civil War. Trump’s attorneys argue that to compare January 6th to the Civil War is a stretch.

Trump’s team has also argued that the President is immune from the relevant clause as he’s not technically considered “an officer” of the United States.

Lawyers for Trump have also pointed out that barring him from participation without a conviction on criminal charges constitutes a violation of his due process rights. Leftists have suggested they can “convict” Trump of “insurrection” by declaring it to be so in response.

The situation is currently pending review by the Supreme Court with oral arguments slated to begin on February 8th. Plaintiffs in that case reiterated their claims in a new filing to the high court.

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