Illinois Hearing Considers Applying “Insurrectionist Ban” to Former President Donald Trump
Introduction
On Friday, a retired judge hired by the Illinois State Board of Elections convened a hearing to determine whether the 14th Amendment’s “insurrectionist ban” applies to former President Donald Trump. The decision holds potential implications for his eligibility to appear on the 2024 presidential ballot in Illinois, setting the stage for a legal showdown that could shape the upcoming election.
Legal Challenge to Trump’s Candidacy
Several voters filed a challenge against Trump, arguing that his role in the January 6, 2021, insurrection at the US Capitol disqualifies him from seeking the presidency again. This challenge is based on the 14th Amendment’s provision that prohibits individuals who have engaged in insurrection or rebellion from holding federal office.
Arguments Presented at the Hearing
Challengers’ Case
Matthew Piers, an attorney representing the challengers, presented harrowing video footage from the assault on the Capitol and highlighted Trump’s refusal to denounce the events of January 6. Piers argued that Trump’s actions constituted an insurrection and that his subsequent certification that he was “fully qualified to serve as president” amounts to false paperwork, rendering him ineligible for the ballot. Piers emphasized the importance of upholding the rule of law and respecting democratic principles.
Trump’s Defense
Scott Gessler, Trump’s lawyer, echoed defenses used in similar cases across the country, which have largely been dismissed on procedural grounds. Gessler argued that the insurrectionist ban does not apply to the presidency, that Trump did not engage in violence, and that the events of January 6 did not meet the definition of an insurrection. He also raised concerns about due process and accused the challengers of employing spurious legal theories to advance a political agenda.
Judge Erickson’s Role and Expected Timeline
Retired judge Clark Erickson, a Republican who served on the Kankakee County Circuit Court for 25 years, presided over the hearing. Erickson is expected to announce his recommendation on Tuesday when the full election board meets to vote on the matter. The decision can be appealed in Illinois state courts, potentially setting the stage for a lengthy legal battle.
Context and Potential Implications
The Illinois Republican primary is scheduled for March 19, with Trump dominating the GOP nomination race. The battle over Trump’s spot on the primary ballot is seen as a proxy fight over his overall eligibility to return to the White House. Additionally, the election board is slated to vote on a 14th Amendment challenge filed against President Joe Biden by conservative activists, further complicating the legal landscape.
Conclusion
The hearing in Illinois is part of a broader legal battle over the interpretation and application of the 14th Amendment’s “insurrectionist ban” in the context of the January 6 Capitol insurrection. The outcome of this case, and any subsequent appeals, could have significant implications for the 2024 presidential election, potentially shaping the political landscape for years to come.