Trump trial calls into question if he will be on the ballot

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Two attorneys in the Valley, Stephen Montoya and Paul Bender, joined us to share their insight on whether or not former President Donald Trump could appear on the ballot.

Montoya began by looking at section III of the 14th Amendment. Section III outlines that any person who took an oath for any office in government was not allowed be elected if they engaged in an insurrection or rebellion.

Montoya believes Trump should have a civil trial that includes hearing from witnesses to decide whether he appears on the ballot.

“I think they were saying the 14th Amendment was to take power away from the states, not to give each state a little fiefdom that could kick people off the ballots willy-nilly,” said Montoya. “Even though you could apply an insurrection clause of section III, you would have to do it in a uniform way that would apply to the nation as a whole.”

Bender added it is important to have a proceeding where it is held that Trump committed the insurrection beyond reasonable doubt.

“I don’t think you can take him off unless you can say he’s an insurrectionist, and I don’t think you can say he’s an insurrectionist unless you prosecute him or sue him for being an insurrectionist and nobody has done that,” Bender said. 

Stephen Montoya, Attorney, Montoya, Lucero, and Pastor, P.A.
Paul Bender, Professor, Sandra Day O’Connor School of Law, ASU

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