During a guest appearance on Real America’s Voice’s America’s Voice Live with Steve Gruber, Trump attorney Christina Bobb made a surprising argument, asserting that former presidents like Donald Trump should be permitted on presidential ballots, “whether they’re guilty of insurrection or not.” This comes in the context of Trump facing bans from Republican presidential primary ballots in two states, Colorado and Maine, on the basis of alleged violation of the 14th Amendment due to his involvement in the events of January 6.
Bobb, in the interview, expressed the view that even if a former president were found guilty of insurrection, they should still be allowed to appear on the ballot. She claimed that the Colorado Republican Party had filed a solid brief with the Supreme Court, arguing that Section Three of the 14th Amendment, which addresses disqualification from public office for those engaged in insurrection, doesn’t apply to the president. According to Bobb, this is because the drafters of the 14th Amendment recognized that the president is elected by the entire nation, and the decision on whether a president is fit for office should be left to the voters.
Bobb’s argument suggests a belief that the people, rather than legal mechanisms, should determine the eligibility of a former president to run for office, irrespective of any allegations or charges related to insurrection. The interview touched on the broader debate around Trump’s role in the events of January 6 and the consequences he might face in terms of political eligibility.
STEVE GRUBER: Look, here’s the thing. I would not be surprised if Justice Ketanji Brown Jackson, Ketanji Jackson Brown, whichever. If she was 8 to 1. I mean, I wouldn’t be surprised by that because of the radical nature of her position on the court and some other decisions that she’s talking about.
But I agree with you, it should be nine to nothing. Look, this is a political question. America has always deferred about. The court should say it’s not a question for the court, it’s a question for the voters. That is the tradition of this country, isn’t it?
CHRISTINA BOBB: Yeah, it is. And as you mentioned in your monologue, the Colorado Republican Party has already filed their brief with the Supreme Court. And they say just that. It’s actually a very solid brief.
They raise a handful of arguments as to why this, this Section Three of the 14th Amendment doesn’t even apply to the president. It’s not self-executing. Donald Trump hasn’t been charged with insurrection. And this is a question for the voters.
The reason why it doesn’t apply to the president was because the drafters of the 14th Amendment realized that the president is elected by the entire nation and it should be the entire nation who determines who they want for president, whether they’re guilty of insurrection or not. It’s up to the people.