Jonathan Mitchell, one of Trump’s attorneys, is currently trying to argue the whole “president isn’t an officer” garbage.
Edit: Mitchell is giving a master class on how to split inconsequential hairs.
Edit 2: Kavanaugh and Gorsuch have been asking some surprisingly good (and pointed) questions of Mitchell that make me wonder what their actual positions will ultimately be.
Edit 4: Trump’s team is done for now. Now the real lawyers are up.
Edit 5: Thomas asking for examples of national candidates being disqualified at the state level.
Edit 6: Thomas is such a gas bag when he deigns to speak.
Edit 7: Roberts clearly signals that he wants to punt this to Congress.
Edit 8: Multiple justices questioning whether this is a state-level decision.
Edit 9: Roberts bringing up the possibility of retaliatory attempts to remove candidates if Trump is removed. Seems awfully specious, but it’s more signaling that he really doesn’t want to make a decision on this.
Edit 10: Conservatives on the court spent the last five minutes or so arguing from a position that if Trump is held to be an insurrectionist, anyone can be held to be an insurrectionist.
Edit 11: Honestly, I think Jason Murray (lawyer for Colorado) is doing an absolutely phenomenal job with some extremely hostile - and ridiculous - questioning.
Final edit: That’s it for live-blogging this, I have shit to do. But applause for Murray, he’s rocked it.
Jonathan Mitchell, one of Trump’s attorneys, is currently trying to argue the whole “president isn’t an officer” garbage.
Edit: Mitchell is giving a master class on how to split inconsequential hairs.
Edit 2: Kavanaugh and Gorsuch have been asking some surprisingly good (and pointed) questions of Mitchell that make me wonder what their actual positions will ultimately be.
Edit 3: KJB picking at Trump’s legal team’s arguments pretty effectively.
Edit 4: Trump’s team is done for now. Now the real lawyers are up.
Edit 5: Thomas asking for examples of national candidates being disqualified at the state level.
Edit 6: Thomas is such a gas bag when he deigns to speak.
Edit 7: Roberts clearly signals that he wants to punt this to Congress.
Edit 8: Multiple justices questioning whether this is a state-level decision.
Edit 9: Roberts bringing up the possibility of retaliatory attempts to remove candidates if Trump is removed. Seems awfully specious, but it’s more signaling that he really doesn’t want to make a decision on this.
Edit 10: Conservatives on the court spent the last five minutes or so arguing from a position that if Trump is held to be an insurrectionist, anyone can be held to be an insurrectionist.
Edit 11: Honestly, I think Jason Murray (lawyer for Colorado) is doing an absolutely phenomenal job with some extremely hostile - and ridiculous - questioning.
Final edit: That’s it for live-blogging this, I have shit to do. But applause for Murray, he’s rocked it.
The Congressional angle I don’t understand.
The 14th states that Congress can CLEAR a candidate who would otherwise be barred, but that still means he would be barred otherwise.
It’s patently nonsensical. Not even Trump’s own appointees seem to take that one seriously.
That’s what he’s telling Gorsuch right now, the disqualification exists now and can only be removed by Congress.
A Supreme Court justice making a slippery slope argument is wild to me.