Due process
Last week, the Secretary of State of Maine, Shenna Bellows, announced that Donald Trump would not appear on the Maine election ballot. She made this decision citing the Fourteenth Amendment to the U.S. Constitution. Section Three of the Fourteenth Amendment states, in relevant part, that no person shall hold any office under the United States who, having previously taken an oath as an officer of the United States to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same. This is the same provision cited by the Colorado Supreme Court in its recent decision to preclude Trump from the Colorado ballot. The Maine decision, however, affords Trump even less process than the Colorado case. In Colorado, a lawsuit was filed challenging Trump’s candidacy, which made its way through the Colorado court system up to the Colorado Supreme Court. In Maine, the challenge was made through the administrative process of the Maine Secretary of State’s office. A hearing of the Maine election board was held, which Bellows chairs. Following the administrative hearing, Bellows issued an opinion barring Trump from the ballot. Basically, Bellows decided that the January 6 Capitol riots were an insurrection led by Trump which precludes him from seeking the office of President. The Colorado case is already before the U.S. Supreme Court. Trump has requested judicial review of the Maine decision. Ultimately, the Supreme Court will have to answer the question of whether that particular clause of the Fourteenth Amendment applies in this situation, and what process Trump is entitled to in determining whether he engaged in an insurrection for purposes of the Amendment. Section Five of the Fourteenth Amendment states that, “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” This section suggests that Congress must establish the process for disqualification, which they have not done. This may be where the Supreme Court analysis goes. Surely, though, the required process must be more than an administrative hearing before the Maine Secretary of State.
Crime
For four years in a row, Indianapolis has had record homicide rates. 2024 appears to be off to a similar start. Indy Police reported ten shootings in which three people died by homicide on New Year’s Eve/New Year’s Day.
More crime
This week, a male defendant, Deobra Redden, attacked Cook County (Las Vegas) Judge Mary Kay Holthus after she rejected his attorney’s request to sentence him to probation for an aggravated battery charge. The Judge commented that due to Redden’s record, “I think it’s time he got a taste of something else.” Given Redden’s reaction, Judge Holthus was obviously correct in her assessment. The incident was captured on video, which you can watch here.
Separation of powers
A couple of weeks ago, Hunter Biden refused a subpoena by the U.S. House Oversight Committee to testify before Congress. Instead of attending the hearing as directed, Hunter gave a press conference on the capitol steps in direct defiance of the subpoena. As a result, the House Oversight Committee will likely move to hold Hunter in contempt of Congress. This is a process the Oversight Committee began last year regarding FBI Director, Christopher Wray when Wray refused to comply with the Committee’s subpoena. Congress can hold people in contempt for willfully refusing to honor its subpoenas. However, they have limited punishment mechanisms. This is where separation of powers issues kick in. After a Congressional censure, Congress can refer the contempt case to the Department of Justice. Title 2, Section 192 of the U.S. Code provides criminal penalties for contempt of Congress. The DOJ might be reluctant to prosecute the Boss’s son for contempt of Congress. However, the DOJ has appointed a special counsel to investigate and prosecute Hunter for other matters. For this reason, the contempt referral should go to the special counsel as well, but the Attorney General must make the referral. We’ll see.
I wrote extensively about the contempt of Congress process as it pertained to FBI Director Christopher Wray previously. If you want a fuller explanation, you can read it here.