Even threats as despicable as Donald Trump deserve their fair share of criticism. He should not be punished before being convicted.

In America, everyone is innocent until proven guilty, right? At least, that's what was drilled into me growing up.

A lot of people — mostly Democrats and leftists — Wants to deny President Trump access to presidential primary voting Under Section 3 of the 14th Amendment.

Article III, written just after the Civil War, swore an oath to “uphold the Constitution” and declared that “no person who has engaged in rebellion or insurrection shall hold any office, civil or military, under the United States or under any state.” It cannot be done,” he declared. ” or gave “aid or comfort to the enemy.”

It made perfect sense. If you fought to destroy your country after taking an oath to protect it, you should not be allowed to lead the country once you fail.

There is currently a movement to prevent former President Trump from running for the Oval Office again due to his alleged involvement in inciting an insurrection by armed thugs and eccentrics.After President Trump's encouragement, they stormed the Capitol on January 6, 2021, And he tried to stop Congress from certifying President Biden's election victory over a pathetic loser who lied about massive voter fraud.

I want to give credit to Governor Gavin Newsom and Secretary of State Shirley Weber, California's top election official.these two liberal democrats I am not joining the chorus denying President Trump access to his ballot.. They want nothing to do with it.

“There's no question that Donald Trump is a threat to our freedoms and even our democracy. But in California, he's defeating candidates he doesn't like at the polls.” Newsom said in his only public comments. Regarding that matter. “Everything else is a political distraction.”

Weber nonetheless placed Trump on California's March 5 Republican primary ballot. Pressure from Democratic Lieutenant Governor Eleni Kounalakis To boot him.

“I must put the sanctity of elections above partisan politics,” Weber said in a statement.

“While we agree that the attack on the Capitol and the actions of the former president were abhorrent, there are complex legal issues surrounding this issue.”

Additionally, President Trump's actions “taint and continue to sow further public distrust in the government and the integrity of elections, making it more important than ever to protect elections across political divides.” ” he added.

In my opinion, this country, and certainly our democracy, would be better off if President Trump were not allowed access to power again. He is dangerously divisive, shamelessly immoral, and a terrible role model for the youth of this country. The 77-year-old Republican front-runner may be inadvertently talking about becoming a dictator for a day, taking revenge on his opponents, or emulating Hitler's rhetoric.

OK, but Trump has not been convicted of sedition. Prosecutors haven't even charged him with it, even though he's been indicted. He was charged with about 100 other criminal cases..

Where is the due process guaranteed by the Constitution? Right to a jury trial? How to cross-examine prosecution witnesses? What exactly is a “rebellion”? Before denying someone a public office just because they “worked” in one, it would be best to have a firm definition.

However, I am just rambling like a layperson who is not a lawyer, and I think this reflects a similar attitude among many citizens.

I contacted several jurists and asked them about off-base locations. they obliged.

All of them told me that an insurrection conviction was clearly not necessary to remove Mr. Trump from state ballots.

“There is nothing in Section 3 of the 14th Amendment that requires a conviction,” said Erwin Chemerinsky, dean of the University of California, Berkeley School of Law.

“I don't think Title III requires anyone to be convicted,” said Jessica Levinson, an election law expert at Loyola Law School.

Denying someone access to their ballot is “not a criminal penalty,” says UCLA election law professor Richard Hasen. Said. “You're not going to jail. It's not paying a fine. It's not denying you any rights.”

Running for office is not a “right,” the professors said. It's a “privilege”.

“However, there are due process issues,” Hasen added.

Colorado Supreme Court Trump was excluded from the primary vote., was found to have been involved in an insurrection. First, a five-day administrative hearing was held, which the court said was sufficient for due process. Trump opposes this, appeal to the United States Supreme Court. However, Maine's Secretary of State removed Trump from the ballot On her own.

Hasen said Trump deserves due process.

“I have two separate questions,” the professor said. “Was he in the rebellion? How would we know?”

that's right.

Who decides?

The U.S. Senate should have resolved Trump's confusion after the mob attack on the Capitol. The House impeached him for inciting insurrection. But too many Republicans balked at the Senate's vote to convict.vote It was 10 short of two-thirds. Is required. A conviction would have prevented Trump from ever serving as president.

Ms. Weber told me that she had concluded that it was outside her authority to keep Mr. Trump from voting in California. And if they do so, the secretary of state added, “you'll be feeding people” who already believe the election was rigged against Trump. “It just starts a fire.”

Does she personally believe Trump is an insurrectionist? “Oh, yes,” she replied. “He's telling people to fight, and then all of a sudden they're climbing over the walls of the Capitol and breaking in and going after the vice president? Is this an insurrection? Oh my god! . . . ..

“I hope the Supreme Court takes up this issue and provides a proper definition of insurrection so that people understand exactly what it is and that whatever the outcome is, we don't end up in a state of chaos.”

The court announced Friday. the case will be heard soon.

Yes, the best solution for democracy would be for the Supreme Court to deny Trump the right to hold public office again. But that's probably asking too much of this conservative bloc, which includes three Trump-appointed judges.

Failing that, we need to trust in the democratic process to legitimately deny this man any further power grabs. Let voters find him guilty.