The Maine Secretary of State has removed Donald Trump’s name from the ballot in a ruling after an administrative law hearing. This was in response to voter challenges asking that he be removed from the ballot due to Article III of the 14th Amendment and the 22nd Amendment.
Full text….
www.maine.gov/…
Two of the challenges are about Article 3, and were brought by a mix of Democrats and Republicans, including retired legislators from both parties.
The 22nd Amendment challenge claims that, because TFG thought he won in 2020 he is barred from re-election to what he thinks (if he thinks) may be a third term. I read this as a well-played episode of administrative snark + trolling. However, this could be seen as frivolous so don’t try this at home.
Other than the initial petition, TFG offered no exhibits. TFG offered no witnesses, basically putting up no defense whatsoever. Other parties brought witnesses and there were amicus briefs. The Secretary invited additional briefing in light of Anderson (the Colorado Supreme Court case you know about).
Of course, the Keystone Kop brigade TFG calls lawyers blew another deadline, late filing a motion for the Secretary to disqualify. Which, of course, goes straight to the trash can. He also tried to exclude a bunch of exhibits due to administrative issues. Which didn’t meet Maine’s due process standards per the Secretary because everyone was basically recycling the Anderson exhibits. TFG’s Keystone Kops blew it again when they tried to smuggle dozens of exhibits into their post-hearing brief, a major no-no. The one exhibit he tried to smuggle into his closing brief, which the Secretary allowed.
TFG tried to get the J6 Report from the Select Committee thrown out of evidence and failed. Governmental records are generally allowed into evidence with the finder of fact left to determine relevance and the appropriate weight to apply to the offered evidence. Oops. The Secretary did exclude evidence from prior to 2020, allegedly due to remoteness (too far away from the actual insurrection). I would argue that if there is an appeal that these should be brought back in, but that’s not today’s thing.
Maine law (Section 443 of Title 21-A) leaves it to the Secretary to qualify candidates. And the Secretary does that.
As far as the 22nd Amendment thing goes, it did work to get TFG to admit, through counsel, that he is a LOSER. That’s worth something.
Here’s where SCOTUS review comes in. The Secretary ruled that Article III is self-executing. Michigan questioned this in their chicken-out. The Secretary deals with Section 5 and says that only removal of the prohibition is up to Congress. Not the placement of the prohibition to run. Off to SCOTUS.
Then the Secretary does a separate analysis of the post-Civil War thing where some Confederates were left in place till they could be replaced, and rightfully disposes of it.
Interesting that Trump waived argument that J6 was NOT an insurrection when he had the chance. That finding of fact can’t now be disturbed on appeal. He does try to argue that the insurrection was too small to be binding on him. There is case law out there that says the opposite, including a Pennsylvania case from a hundred years ago cited here. And this opinion was written not in deference to Anderson, but separately while keeping Anderson in mind.
Of course, he tries the First Amendment thing, which obviously fails. He ignores he already lost on this point in federal court, but tries the same stunt anyway.
I hope that bad things do not befall Secretary Shenna Bellows. But I fear for her safety.
UPDATE — Rec list? First time after being on this site for a very long time. Thanks everyone.