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NO! No! No! Donald Trump CANNOT be disqualified by the 14th Amendment - HAVE NO FEAR
FHMI-0914Shane Vaughn2023-08-28Political Commentary
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NO! No! No! Donald Trump CANNOT be disqualified by the 14th Amendment - HAVE NO FEAR
Shane Vaughn ——— First Harvest Ministries International
1 No, no. President Trump cannot be disqualified by the 14th Amendment, especially section three. Please, all my fellow patriots, fellow Americans, do not allow the fear that they continuously feed you to overtake you. If you will give me 15 minutes of your time, I will prove to you right now that Donald Trump cannot be disqualified. In case you don't know what I'm talking about, uh ignorance seems to grow on trees lately. And uh a sprig of that ignorance has sprung up in the state of Florida. In the state of Florida, a lawsuit has been filed by a man by the name of Clive, I believe.
2 Lor- No, I'm sorry. Lawrence Kaplan is an attorney in Florida that has filed this lawsuit against President Trump. I'm going to show you the lawsuit, and then I'm going to explain to you why it will never see the light of day. This is the lawsuit that was filed by um Kaplan, I believe is his name. Let's see. Anyway, I'm having problems pulling it up, but I'll You can look it up. It was just filed, I'm I'm going to say two or three days ago. And basically, Kaplan is saying that the 14th Amendment disqualifies President Trump from running for office. We're going to read that article real quick.
3 Uh section three of article 14, we're going to read that now, and let's go over it bit by bit, and let's find out if there's any truth, because people are scared to death. Normally, I would not deal with this. This is a Sunday morning. Uh it is 9:45, uh, 8:27, August 27th. I would normally deal with this on my weekly show, Tuesday nights and Thursday nights, Professor Toto is live teaching the Constitution and giving you political insight every Tuesday and Thursday night at 8:00 Central, either on YouTube, Rumble, or fhtv.tv. But, this could not wait. This had to be dealt with immediately.
4 So, let's look at, uh, Article 3 of Section 14, and let's see what the Constitution says, and most importantly, what it does not say. You're going to want to share this, by the way, with all of your friends, your patriots that are worried about this. They're they're talking about this now all over the news. They think they have finally got something that's going to stop Trump. The poor children never learn that he cannot be stopped. So, they think this is what's going to do it. They know the indictments are not going to do it, because they see the handwriting on the wall.
5 He's going to go to the Supreme Court. Everything's going to be wiped out. He will be president in less than, well, a year, some odd months. It's coming. They feel it. They know it. So, they found a little monkey in Florida to try to throw the kitchen sink at President Trump. And they're doing a good job because some of you are so worried, and you should not be. And here's why. Let's look at it. This is Section 3 of Article 14 of the United States Constitution.
6 No person shall be a senator or representative in Congress or elector of president and vice president or hold any office, civil or military under the United States or under any state who having previously taken an oath as a member of Congress or as an officer of the United States Notice that word. or as an officer of the United States They think that's where they have Donald Trump as an officer of the United States. Let's continue.
7 or as a member of any legislature or as an executive or judicial officer of any state to support the Constitution of the United States shall have engaged in insurrection. And now you know why they've used that word consistently for the last 3 years. They've had to use the word insurrection because it is a constitutional word. And this was in their agenda the whole time in case the indictments didn't work. or rebellion against the same or given aid or comfort to the enemies thereof but Congress may by a vote of 2/3 of each house remove such a disability. Okay. Let's talk about this.
8 Because this, if you just read it on its surface it could be a little troublesome a little worrisome but before I start breaking this down for you let me start with the obvious facts. Donald Trump is a citizen of the United States of America. With that imperial citizenship comes in alienable rights that no one can deprive him of. Due process under the law. Innocent until proven guilty. Does anybody remember those caveats? Does anybody remember those pristine, clandestine principles that our forefathers shed blood to preserve?
9 So, if anyone tries to use this section without Donald Trump being convicted of insurrection, they have violated, they have literally molested the very spirit of American jurisprudence. They have violated the very intent of everything in our Constitution. The letter of the law must It must line up with the intent of the law. The intent of the law Nothing can be done to Donald Trump unless he is convicted of insurrection, which will never, go mark it down, it will never happen. It Let me Let me qualify that.
10 It may happen in some of the little peon courts, the little lower, lesser, insignificant courts. But by the time it is appealed to the federal court and then to the Supreme Court, Donald Trump will be exonerated. So, I want you to imagine with me that they were successful in promoting Article 4 or Section uh Article 14, Section 3. Let's say that they could get by with that. And I'll show you in a moment why they can't. But let's say they could.
11 And then a year later, the headlines all over the world read, "Innocent of insurrection." Ladies and gentlemen, they will have then used this section against an innocent man. And I don't believe America's ready for the consequences of what that would mean in this nation. Trust me. It would destabilize the union. That's a fact. But let's put all that aside for a moment. And let's deal with this particular section, break it down, and I'll prove to you how Donald Trump this article this section does not even apply to the president of the United States of America.
12 Let's break it down and explain to you why it does not apply. First of all, as we read this uh uh section 3 of uh the 14th Amendment, we find there are three parts to this law, if you will. Number one, it is known as the jurisdictional element. Basically, it tells who this applies to. Any person that has previously taken an oath, which Donald Trump did take an oath, but then it tells you who specifically this applies to. Let's look at it closely. If they have taken an oath as what? Um as a member of Congress. So, Donald Trump's never been a member of Congress.
13 Or as an officer of the United States. And I'll prove to you in just a moment Donald Trump has never been an officer of the United States or as a member of any state legislature. Donald Trump has never taken an oath as a member of a state legislature or as an executive or judicial officer of any state. Donald Trump has never taken an oath that meets those two qualifications. To support the Constitution of the United States. All right, so let's that's our jurisdiction. That's who this applies to. Member of Congress null and uh state officer executive of a state null and void.
14 So the only thing we're left with that could possibly apply to Donald Trump which does not apply. I'm sorry about that wrong graphic. That's the land we just bought. Let's go back and look one more time and see the only possible uh right there where it says officer of the United States. That's what we need to find out. Is Donald Trump an officer or was he rather an officer of the United States? The answer is no. I'm going to prove it so that you can prove it to your friends and know what you're talking about.
15 Donald Trump has never been an officer nor will he ever be an officer of the United States of America as the president. Now let me show you what does apply to the president of the United States of America. It is specifically the impeachment clause. And this is the only law that applies to the president specifically. It says the president, the vice president, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. Now, I want you to notice the spirit of the law.
16 Even the impeachment clause says that he cannot be removed from office for an accusation, but he must be convicted. Why? Because that is the spirit of American jurisprudence. So, even with the impeachment clause, there must be a conviction in the Senate, or either if not, then the articles of impeachment are null process. In other words, it's as if it never existed because it came to nothing. So, even with impeachment, there must be a conviction. This, notice carefully as we read that one more time. Notice the separation of the president and the vice president.
17 How it enumerates them and names them specifically. And then it says, "and" that word big and A N D "all civil officers of the United States." Notice what it does not say. It does not say all other civil officers of the United States. Why? Because the presidency and the vice presidency are elected positions. They are literally the titular head of the United States of America. They are not officers of the government. They are literally the head of the government from which all officers are appointed. Donald Trump has never been nor will he ever be an officer of the United States government.
18 He is or was rather and he is but you get the point. The titular head of the government. He is not an officer of the government. My dear friends, there is something called the government made up of three branches. The heads of those branches of those three branches only one has an all-encompassing titular head from which all appointments are made. And it is the headship of the presidency. From that office flows the appointments of all civil officers. You need to understand section 14, Amendment 14, section 3 does not apply to the president or the vice president.
19 It applies to officers of the government of the United States of America. Donald Trump is not nor will he ever be uh an officer of the United States of America. Now, as we continue to read through these uh we're going to find there's something called the appointments clause. And um the president of the United States of America by the way, before I continue you understand that this law was created right after the Civil War.
20 The intent of this law was to keep those that had taken up arms against the United States from holding offices in the House of Representatives or to be officers of the United States. So, we need to keep that in mind and keep the spirit of the law in mind, as well as the letter of the law. Now, I want to read to you what's known as the Appointments Clause. The Appointments Clause is specifically for the appointments that the president makes. He appoints ambassadors, public ministers, judges of the Supreme Court. He appoints all other officers of the United States of America.
21 Second, the Impeachment Clause explic- explicitly provides that the president and the vice president and all civil officers shall be removed from office up on impeachment. The president and the vice president enumeration in the Impeachment Clause, in addition to all civil officers, shows that the president and the vice president are not deemed officers of the United States themselves. I want to show you some case history so you can know what you're hearing is truth. I want to bring this up for you and let you read it for yourself.
22 This is a recent Supreme Court opinion from none other than Chief Justice John Roberts, 2010. By the way, he would be the same Chief Justice that all of this would go before. Trump's court. Here is what he said in Fund versus Pub. Chief Justice Roberts observed that the people do not vote for the officers of the United States. Rather, officers of the United States are appointed exclusively pursuant to Article 2, Section 2. It's called the Appointments Clause. It follows that the President, who is an actual elected official, is not an officer of the United States of America.
23 Now, according to Section 3 of Article 14, this ability not to run for office if you've been convict or if you've committed insurrection only applies to an officer of the United States of America. John Roberts has ruled that that does not apply to the President. Ladies and gentlemen, this is all smoke screens. Please quit living in fear. Know that Donald Trump is on his way back to the White House against all odds and against every enemy and no matter what they throw at him, it will not work. But if you need more evidence, I have it for you. Let's look.
24 I'll take these logos down so you can see that. And I do hope you plan to share this. Everyone needs to know this, okay? In the United States versus Mowat, he must be from Louisiana.
25 Justice Samuel Miller interpreted a statute that used the phrase "officers of the United States." He wrote, "Unless a person in the service of the government, therefore, holds his place by virtue of an appointment by the president or one of the courts of justice or heads of departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States." So, there, Justice Samuel Miller just said that the president is not an officer of the United States.
26 Justice Miller's opinion, drafted two decades after the 14th Amendment's ratification, is some probative evidence of the original public meaning of Section 3's "officer of the United States" language. Miller's opinion is some evidence rebutting any presumption of post-1788 linguistic drift with respect to the phrase "officer of the United States." Likewise, Muwat rebut- rebuts the position that the obvious plain or clear meaning of the phrase "officer of the United States" extended to the presidency.
27 In other words, that's what Muwat was trying to prove, that indeed the president was an officer of the United States, but it was ruled that he is, in fact, not an officer of the United States of America. Now, in 1943, Attorney General Francis Biddle cited Miller's opinion and explained that under the Constitution of the United States, all its officers were appointed by the president or heads of departments or courts of law. So, we have precedents that the president is not an officer of the United States, but rather the titular head of the United States.
28 During the 1878 impeachment trial of William Belknap, Senator Newton Booth from California observed, "The president is not an officer of the United States. Instead, Booth argued the president is part of the government." And David McKnight in 1878 treatise on the American electoral system reached the same conclusion. McKnight wrote that it is obvious the president is not regarded as an officer of or under the United States, but rather he's the head of the branch of the government. These sources tend to rebut any argument otherwise. And one final graphic that I'll show you.
29 There is pragmatic rationale that explains why the presidency. So, let's go beyond just the legal language that we've been talking about. Let's look at the pragmatism of the spirit of the law that I'm speaking of. How that it does not even apply to this current situation. And believe me, courts look at that. The pragmatic rationale that explains why the presidency and the vice presidency were excluded from the jurisdictional element of section 3. By the time the 14th Amendment was approved in 1868, there were no living presidents that had supported the Confederacy. John Tyler was the last one.
30 He died in 1862. The other living former presidents, Fillmore, Pierce, Buchanan, Johnson, had not supported the Confederacy. So, what they're saying is that the only ones that alive that could still run for uh you know, could still be officers of the government, the only ones that that would have applied to were those that had fought in the Confederacy, which would include none of the former presidents. So, therefore, this very article itself would not have even had the presidency in mind because it was it was not even a pragmatic thing.
31 That's why when that article was written, it was written for the officers of the United States. It was written for other jurisdictions that still had soldiers alive that had fought against the government, and they did not want any of those soldiers to be appointed in the bureaucracy of the government. But, the president was not in mind because there were no presidents or even former presidents still alive that this article would have even applied to. I want to tell you something. I'm leaving now. Lose the fear. Lose the fear. I don't care how many lawsuits they file.
32 It must wind up before the Supreme Court. And we already have a ruling from the Chief Justice of that court that the president is not an officer of the United States of America. I'll see all of you Tuesday night, 8:00 Central. We'll be right back. Don't uh don't forget to watch us Tuesdays and Thursdays, 8:00 Central. This is Professor Toto of the Conservative College. Thank you for watching.
Summary
A political commentary arguing that the 14th Amendment Section 3 cannot be used to disqualify Donald Trump from office because the presidency is not an 'officer of the United States' position under constitutional law. The speaker presents case law and constitutional arguments to distinguish between the presidency as the titular head of government and appointed officers, concluding that the 14th Amendment's disqualification clause applies only to appointed government officers, not elected positions.
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