J. Michael Luttig, a former federal judge known for conservative leanings who has ardently opposed former President Donald Trump amid recent developments, said in a new interview on MSNBC that he sees Trump’s status under the Constitution as crystal clear.
And that status, he argued, is that the 14th Amendment’s ban on certain individuals who engaged in insurrection later holding office clearly blocks Trump from the new term as president he’s now seeking.
The connection made to the ex-president is the deadly violence of January 6, 2021, which was spurred by lies that he and others told about the then-recent presidential race. Federal prosecutors along with multiple courts have deemed Trump himself substantively responsible for what happened, breaking with the characterization of events as just something that got out of hand and — per some on the far-right — was maybe even propelled by secret infiltrators working with the government or a left-wing group.
“Every American can read the single sentence of the disqualification clause of the 14th Amendment and understand that the former president violated the Constitution when he attempted to remain in power after his four-year term had lapsed, preventing the peaceful transfer of power to his successor for the first time in American history,” Luttig said.
The former judge also argued the question of whether Trump is eligible for office has already been settled, though he acknowledged the remaining role of the U.S. Supreme Court in establishing the path forward. Luttig was emphatic about his stance, though. “Section Three of the 14th Amendment simply could not be any clearer,” he said.
One of the court disputes over Trump appearing on the ballot for the unfolding presidential race has been accepted by the U.S. Supreme Court, with oral arguments — meaning arguments before the actual judges — scheduled for next month, a quick turnaround. Trump lawyer Alina Habba recently attracted attention for seeming to suggest that Trump’s circles had the idea that Supreme Court Justice Brett Kavanaugh somehow owed the ex-president for Trump having stood by Kavanaugh through his contentious confirmation process.
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