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Bill Barr: I Oppose Trump—and Any Efforts to Ban Him From the Ballot William P. Barr

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Donald Trump looks on during a campaign event on December 19, 2023 in Waterloo, Iowa. (Scott Olson via Getty Images)

In Colorado and Maine, state officials have decided to remove Donald Trump from the primary ballot, claiming the need to protect democracy. A number of other states, including Arizona, Nevada, Oregon, New Mexico, and New York, are considering taking the same step. 

Many who oppose the 45th president hail these legal maneuvers as a neat way to stop Trump—who they view as an existential threat to the country—without having to beat him at the ballot box. 

I am firmly opposed to Trump’s candidacy. While I think it is critical the Biden administration be beaten at the polls, Trump is not the answer. He is not capable of winning the decisive victory Republicans need to advance conservative principles. And his truculent, petty, and toxic persona—unconstrained by any need to face the voters again—will damage the country.  

But I also believe that the efforts to knock him off the ballot are legally untenable, politically counterproductive, and, most ominously, destructive of our political order. The Supreme Court needs to act swiftly to strike down these foolish decisions.  

These efforts are legally insupportable.

Two weeks ago, Colorado’s Supreme Court upheld a lower court opinion that Trump’s actions on January 6, 2021, constituted “engaging in insurrection.” The state’s Supreme Court ruled that, because the Fourteenth Amendment bars former officials from holding office again if they violate their oath of office by “engaging in insurrection,” Trump was disqualified from serving again as president—and thus should be removed from the presidential primary ballot. 

Then, a few days ago, Maine Secretary of State Shenna Bellows, relying largely on the record in the Colorado proceeding, found that the “preponderance of evidence” showed that the attack on the capitol amounted to an “insurrection.” Though she acknowledged that the question of whether Trump personally engaged in the insurrection was a “closer one,” she concluded that the weight of evidence established that he “used a false narrative of election fraud to inflame his supporters and direct them to the Capitol to prevent certification of the 2020 election and the peaceful transfer of power.”

As a legal matter, states do not have the power to enforce the disqualification provision of the Fourteenth Amendment by using their own ad hoc procedures to find that an individual has engaged in an insurrection. If the Justice Department, in pursuing its criminal case, had found that Trump had engaged in insurrection, it would be another story. But it has not.

Section Three of the Fourteenth Amendment was ratified in 1868. Its immediate aim was to bar former officials from holding office again if they had betrayed the Union by serving in the Confederacy. Section Three states that if a federal or state officeholder, having taken an oath to support the Constitution, “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” that person is disqualified from holding federal or state office. Section Five of the amendment goes on to grant Congress the power to enforce this provision “by appropriate legislation.”

These provisions would be easy to apply if the person in question was already convicted of engaging in insurrection or rebellion. But how is it to be applied to someone—in this case, Trump—who has not been tried in court and found guilty of such acts? 

Obviously, there has to be a fair fact-finding procedure before someone can be branded an insurrectionist. But what should that process be? The Fourteenth Amendment is silent on this. The terms “insurrection” and “engaging” are mushy. When does a public disturbance become an insurrection and when does an individual’s level of involvement amount to “engagement”? What is the standard of proof required? Is it evidence beyond a reasonable doubt, which is what would be required to convict someone for the crime of insurrection, or mere preponderance of the evidence? Does the accused have the right to cross-examine witnesses and to compel witnesses to testify? Does the accused have the right to a jury? Or can a single judge or election official make the final ruling?  

The key issue is who gets to set these procedural and definitional rules. Is each state free to make up its own rules? Or is it Congress’s job to set up a uniform enforcement mechanism?  

These questions were answered in 1869—the year after the amendment was adopted—by then-Chief Justice of the Supreme Court Salmon Chase. In the seminal case of In re Griffin, Chase, acting as presiding judge for the circuit court in the District of Virginia, rejected a defendant’s claim that his conviction was void because it had been entered by a judge who had been a Confederate official and thus disqualified from holding judicial office. Chase ruled that Section Three of the Fourteenth Amendment is not self-executing. That is, it cannot be enforced unless and until Congress enacts legislation that sets up an enforcement mechanism. And Congress, in 1869, had not implemented any such enforcement procedure. In other words, Congress—not the states—gets to decide how individuals are disqualified from office under the Fourteenth Amendment.

In fact, Congress did decide. It did so the year after Justice Chase’s decision when Congress enacted the Enforcement Act of 1870. That law contained two provisions for the expressed purpose of enforcing Section Three. One provision set up a mechanism by which federal attorneys could bring a civil action to remove from office a person alleged to be disqualified for engaging in insurrection or rebellion. (This provision was repealed in 1948.) The second provision authorized criminal prosecution of someone for knowingly accepting or holding office in violation of Section Three. This provision has evolved into Section 2383 in the current criminal code, which makes it a crime to engage in rebellion or insurrection against the United States and disqualifies anyone who does from holding federal office.  

The point is that in present-day America, under existing law, the only way to disqualify someone under Section Three is through criminal prosecution under Section 2383. The federal government, which has painstakingly examined the events of January 6, has not charged President Trump with insurrection or even incitement. 

Even if, contrary to this analysis, Section Three is self-executing and states are free to adopt their own ad hoc enforcement procedures, Colorado’s and Maine’s actions do not pass legal muster. 

An individual must be afforded due process before the government can deprive him of an important right—like the right to pursue public office. In the cases of Colorado and Maine, President Trump was plainly denied due process. Indeed, as one of the dissenting Colorado justices said, the court proceeding was a “procedural Frankenstein.” In neither case was Trump afforded a jury, the ability to cross-examine the evidence introduced against him, or ability to subpoena witnesses. Much of the evidence introduced was hearsay or conclusory statements from congressional hearings which did not allow for an adversarial process. 

Ad hoc disqualification by the states is bad policy. 

The half-baked processes in Colorado and Maine underscore the wisdom of Chief Justice Chase’s conclusion that enforcement of Section Three must be restricted to the mechanism enacted by Congress. Our national elections could collapse in chaos if each state was able to disqualify a national candidate using its own procedures and evidentiary standards, and its own definition of what it means to engage in insurrection. 

During the Vietnam War, for example, protesters would shut down recruitment offices or otherwise act to interfere with the war effort. Would this constitute “insurrection”? Under the definition embraced in Maine, it easily could. So could some of the violent actions taken against law enforcement by leftist demonstrators during the summer of 2020. And the potential disruption to our government goes far beyond presidential candidates. Every officer holder, state or federal, in any branch of government, can be challenged if states are permitted to enforce Section Three willy-nilly.

What is especially concerning in the Trump case is that the states are permitting disqualification based on mere preponderance of the evidence, whereas the enforcement mechanism enacted by Congress—prosecution for insurrection—requires a criminal conviction based on proof beyond a reasonable doubt. The higher standard of proof is essential in this context because a political figure is being punished in connection with activities that, absent a finding of wrongful intent, lie at the heart of the First Amendment: challenging election results. Allowing states to make these decisions based on a lower evidentiary standard will have a serious chilling effect on legitimate election challenges in the future. 

If Trump is to be held legally accountable for his actions on January 6, 2021, it should be through the pending federal prosecution that focuses on those actions. Period. 

As a prudential matter, I am not sure it was wise to bring that case. But now that it has been brought, I believe it is in the public interest to have it tried before the election if possible. That trial must be thorough, afford due process, and reach sound conclusions about Trump’s role and whether any of his actions amounts to a crime. The case will reveal a massive amount of direct evidence bearing on Trump’s actions and his state of mind that day—facts that bear directly on his fitness for office. The voters can take all this into account.

These bans are destructive of our political order.

I do not want Trump to get the GOP nomination. But he has to be beaten at the ballot box—not by subverting the basic systems of our democracy. 

The effort to use the Fourteenth Amendment to knock Trump off the ballot is much like the left’s previous schemes to sidetrack or defeat Trump politically through legal ploys that stretch the law beyond its proper bounds. And like Russiagate; or the civil and criminal cases currently being prosecuted against Trump by New York; or the overbroad prosecution being pursued by the Georgia district attorney; these gambits are rightly seen as unfair.

Such tactics undercut the credibility of legitimate efforts to hold Trump accountable, and they fix in much of the public’s mind the image of effete elites trying to game the system.

What’s more, they have only helped Trump and hardened support for him. Trump feeds on grievance like fire feeds on oxygen. The actions of Colorado and Maine, and other states that follow suit, are not only doomed to legal failure, they also embolden and empower the former president.

We are living through a time of deep divisions and powerful passions in the country. A fundamental purpose of democratic order is to provide an arena where opposing positions and passions can peacefully contest with each other. In short: to substitute ballots and due process for bullets. Nothing is more destructive of democracy than for one faction to try to win in the political arena by disenfranchising its adversaries. 

The election of 2024 already will pose the gravest of challenges to our political institutions.  Such extrajudicial and unconstitutional measures will only take us down far more dangerous channels.

William P. Barr served as U.S. attorney general under President George H.W. Bush (1991-1993) and again under President Donald Trump (2019-2020). He is the author of One Damn Thing After Another: Memoirs of an Attorney General.

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December 10, 2024 Heather Cox Richardson

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The Explosion of Jew-Hate in Canada Terry Glavin

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The Explosion of Jew-Hate in Canada

(Illustration by The Free Press)

We rarely run pieces this long. But today’s investigation—the story of how antisemitism became deeply embedded in Justin Trudeau’s Canada—called for it. This is a piece worth reading carefully. It is relevant not just to our many Canadian readers, but to anyone invested in the future of the West. —Bari Weiss

‘The Denial Is What’s Painful’

For Sarah Rugheimer, a professor of astronomy at York University in Toronto, the first sign of the virulent strain of antisemitism now embedded in Justin Trudeau’s Canada appeared on a lamppost.

It was a few weeks after the Hamas massacre of last October 7. Rugheimer, 41, was walking in a park near her home in the city’s quiet Cedarvale neighborhood when she saw a poster of the Israeli hostage Elad Katzir, a 47-year-old farmer from Kibbutz Nir Oz, covered with swastikas.

In the days that followed, as the war raged in Gaza, swastikas turned up all over Cedarvale. They also started appearing on the York campus, where Rugheimer serves as the Allan I. Carswell Chair for the Public Understanding of Astronomy. As fall turned to winter, a swastika showed up in the snow outside the campus building where she works.

An astrophysicist with a particular interest in the origins of life on Earth and the possibility of life on other planets, Rugheimer tended to confine her worldly concerns to scientific matters. So the swastikas came as a shock. But worse was to come.

She grew up in Montana, and her academic career took her around the world—from a PhD in astronomy and astrophysics at Harvard University to Scotland, England, and now Canada. But until taking up her post at York University two years ago, Rugheimer said she’d never encountered any overt antisemitism. Nor had she given much thought to her identity as a Zionist: Like the vast majority of Jews around the world, Rugenheimer believes in Israel’s right to exist.

The Explosion of Jew-Hate in Canada

A broken window at the Kehillat Shaarei Torah synagogue in Toronto on May 17, 2024. It was vandalized again last week. (via David Jacobs/X)

Jew-hatred was a phenomenon of the fringes, she reckoned. “It wasn’t on my radar,” she told me. Now, it’s everywhere. “Every week there is a major incident in Canada, and multiple minor ones every day in my neighborhood.”

It was what was happening inside her university that disturbed her the most.

York’s student unions issued a declaration just after the attack calling the barbarism of October 7 a “justified and necessary” act of resistance against settler colonialism, genocide, and apartheid. The student groups found widespread support among York’s professors—some of whom Rugheimer considered friends.

A politics department faculty committee demanded the university enforce a definition of “anti-Palestinian racism” that encompassed any expression of sympathy for the right of Israelis to exist within their own state: “Zionism is a settler colonial project and ethno-religious ideology in service of a system of Western imperialism that upholds global white supremacy.”

She was shocked by the declarations, and the defaced posters, and the swastikas. But for Rugheimer there was something worse. “The denial is what’s painful,” Rugheimer said. The denial of the rapes and savagery of October 7, 2023. The denial of the pervasive antisemitism in “anti-Zionist” polemics. The denial of Jewish history itself. “Reasonable people can disagree about what to do in an intractable conflict, but the denying of what should be uncontroversial facts makes it impossible to have hope.”

This sort of despair has become a feature of everyday life for Jews across Canada who are experiencing open hatred—and yet are living under a government that appears either blind to it, paralyzed by it, or indifferent to it. Law enforcement in Canada is not blind. Quite the opposite. Officers want to do their jobs. What they say is that they lack the moral support from the political class to enforce the law. And that they cannot keep up with the volume of hate crimes—crimes that arise from a widespread ideology that has normalized the idea that “Zionists” anywhere are a fair target for attack.

The Explosion of Jew-Hate in Canada

Police at Bais Chaya Mushka elementary school in Toronto on May 25, 2024 after two people fired shots outside. (Andrew Francis Wallace via Getty Images)

Perhaps nothing captured Canada’s dark new reality better than a split-screen story from late last month.

On November 22 in Montreal, at the 70th annual session of the NATO parliamentary assembly, rioters organized by the organizations Divest for Palestine and the Convergence of Anti-Capitalist Struggles wreaked havoc on the city. They ignited smoke bombs, threw metal barriers into the street, and smashed windows of businesses and the convention center where the NATO delegates were meeting. The rioters torched cars. They also burned an effigy of Israeli prime minister Benjamin Netanyahu.

While Montreal burned, Trudeau was dancing and handing out friendship bracelets at a Taylor Swift concert in Toronto. It took 24 hours for him to weigh in with a single tweet.

‘It Was Like a Dam Burst’

The impression that the violence unfolding around them is somehow invisible to the state responsible for their protection has overwhelmed not only relative newcomers to Canada like Rugheimer, but also Jews who have lived in Canada for decades. People like Robert Krell, 84, the former director of postgraduate education in the Department of Psychiatry at the University of British Columbia.

A pioneer of Holocaust education in Canada and a specialist in survivor trauma, Krell immigrated to Canada at the age of 11, after having been hidden by a Catholic family during the Nazi occupation of Holland. Krell was not as shocked by the unspeakable barbarism of the Hamas massacre of October 7 last year as by the jubilation the atrocities elicited from within the “progressive” milieu across Canada—and by the total silence from the “social justice” scene.

The Explosion of Jew-Hate in Canada

Police respond to a dispute between an Israel supporter and pro-Palestinian supporters in Toronto on June 9, 2024. (Nick Lachance via Getty Images)

On Sunday, October 8, activists affiliated with the terrorist-designated Popular Front for the Liberation of Palestine were already shouting their happiness into megaphones to a crowd at the steps of the Vancouver Art Gallery, only a few minutes’ drive from Krell’s home. “We are calling on those in so-called Vancouver to uplift and honor the resistance,” they said. “Show solidarity and celebrate the steps towards liberation!”

Scenes like these repeated themselves in cities across Canada—all the way to St. John’s, Newfoundland.

“On October 7 I was horrified,” Krell told me. “I was shocked to the core by the cruelty, the rapes, the mutilations, the killing of children, the gouging of eyes . . . but I could believe it.”

What he found impossible to fathom was what he saw on October 8, and in all the days that followed.

“It was like a dam burst. I can’t describe the emotional blow. I guess I thought there would be a cry of outrage about what happened, you know, from the human rights people, Black Lives Matter people, the MeToo people. I shouldn’t have been surprised, but I just couldn’t grasp the concept, that when people heard and saw what had been done to those Jews, there was nothing except celebrations of Hamas as liberators.”

Americans are familiar with the pattern that has been repeated at dozens of Canadian university and college campuses—the “pro-Palestinian” occupations, encampments, manifestos, disturbances, and explicit celebrations of the October 7 “resistance.” In Canada, however, the sociopathology that shocked Rugheimer and Krell is by no means confined to the extremes of campus politics or the rantings of far-left activist groups.

Rather than discovering how torn the fabric of their society has become, Canadian Jews are being forced to come to terms with just how deeply antisemitism has been woven into it.

This is not a matter of anecdote or impression.

The Explosion of Jew-Hate in Canada

Police arrive at Talmud Torah Elementary School after the building was hit by gunfire overnight in Montreal on November 9, 2023. (Mathiew Leiser via Getty Images)

Last month, a report by Israel’s Ministry for Diaspora Affairs and Combating Antisemitism found a 670 percent increase in antisemitic incidents in Canada since October 7, 2023, including “violent attacks such as shootings targeting Jewish institutions and arson attacks targeting schools, synagogues, and other community institutions.” There are about 40 million Canadians and roughly 350,000 of them are Jewish—representing less than 1 percent of the country’s population.

“Most Canadian Jews feel unsafe and victimized,” the University of Toronto sociologist Robert Brym concluded in an in-depth attitudinal survey of Canadians, undertaken in collaboration with EKOS Research, published earlier this year. “They perceive a rise in negative attitudes toward Jews in recent months and years. Most doubt the situation will improve.”


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5 facts Elon Musk should learn about homelessness Judd Legum

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Elon Musk attends the 2024 Breakthrough Prize Ceremony on April 13, 2024 in Los Angeles, California. (Photo by Taylor Hill/Getty Images)

Elon Musk, the world’s richest man, has been appointed by President-elect Donald Trump as the co-chair of the Department of Government Efficiency (DOGE). Despite its name, DOGE is not a department or part of the federal government. But it appears that Trump will look to Musk and DOGE to determine what government programs are essential and what should be eliminated as unnecessary.

So it is notable that, on Tuesday, Musk posted on X that homelessness is a “lie” and a “propaganda word.” He suggested that most unhoused people are “violent drug addicts” who cannot be helped.

Musk was commenting favorably on a post that claimed providing shelter to unhoused people was counterproductive. The post ostensibly cited a San Francisco Chronicle article published in April 2022. The article does not support the contention that providing shelter to people who need it is fruitless or that all unhoused people are criminals. Rather, the article details how the converted hotels in San Francisco were “underfunded and understaffed,” leading to substandard living conditions. The city outsourced the management of the buildings to non-profit groups, but failed to provide any oversight. The safety issues resulted from inadequate maintenance and “a small group of tenants who do not receive the support they need.”

If Musk is going to advise the president on government spending, he should educate himself on the reality of homelessness. These are five key facts to get started.

Popular Information is an independent newsletter dedicated to accountability journalism since 2018. It is made possible by readers who upgrade to a paid subscription.

17% of unhoused people are children

A reality that Musk did not mention in his post is that a significant percentage of unhoused people are children. According to the 2023 report by the U.S. Department of Housing and Urban Development (HUD), on a single night in 2023, “roughly 186,100 people” or almost “three of every 10 people experiencing homelessness” was “part of a family with children.” The same report found that in a single night in 2023, 17 percent of unhoused people were children under the age of 18, amounting to 111,620 unhoused children.

According to data from the National Center for Homeless Education, during the 2021-22 school year, “[n]early 1.2 million children were either literally homeless (living in a shelter, or in unsheltered locations such as a car or tent) or doubled-up (sharing housing with friends or family beyond a unit’s designated capacity)” nationwide. Studies have found that unhoused children are at greater risk for health conditions, including respiratory infections and asthma, and developmental delays.

Tens of thousands of unhoused people are veterans

Veterans also make up a significant portion of unhoused people. According to the HUD’s 2023 report, on a single night in 2023, “35,574 veterans were experiencing homelessness,” or “22 of every 10,000 veterans in the United States.” But, according to the report, the “actual number of veterans experiencing unsheltered homelessness could be larger than reported.” Black veterans were disproportionately affected, and “comprised 36 percent of veterans experiencing sheltered homelessness and 25 percent of veterans experiencing unsheltered homelessness,” despite making up “only 12 percent of all U.S. veterans.”

Veterans experience homelessness at a higher rate due to multiple factors. Frequent and extended deployment can make finding and maintaining stable, affordable housing more difficult. A large number of veterans also live with post-traumatic stress disorder (PTSD) and struggle with substance abuse. According to the National Coalition for Homeless Veterans, 70 percent of unhoused veterans have problems with substance abuse. Veterans can also be “at a disadvantage when competing for employment,” as specific military work and training do not always translate to civilian employment.

Unhoused people are much more likely to be crime victims than perpetrators

In Musk’s post, he calls unhoused people “violent.” But, in reality, unhoused people are more likely to be a victim of a violent crime than to commit a violent crime. According to the Washington State Department of Commerce, an unhoused person “is no more likely to be a criminal than a housed person,” with the exception of camping ordinances, as unhoused people “break that law merely by being homeless.” In 2023, the New York Times reported that it is “relatively rare” for “homeless, mentally ill people” to commit a violent attack.

According to the Washington State Department of Commerce, unhoused people are in fact “more likely to be the victim of a violent crime,” especially unhoused women, teens, and children. Research found that approximately “14% to 21% of unhoused people are estimated to have been the victim of violence, compared with around 2% of the general population,” ABC News reported.

The false perception pushed by Musk that unhoused people are more violent can lead to stereotyping and dehumanizing of unhoused people, contribute to violence against unhoused people, and hurt efforts to help the unhoused.

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Many people lose housing to escape domestic violence

While Musk implies that homelessness is the result of a moral failure by people with a mental illness or substance abuse disorder, the facts show that there are many factors contributing to homelessness that can affect anyone.

One of those factors is domestic violence. Each year, more than 7 million people in the U.S. experience domestic violence and among those people, 500,000 need to find new housing as a result. It can be difficult to accurately track how many victims of domestic violence end up experiencing sheltered homelessness because shelters that exclusively house domestic violence victims do not report information about their clients.

According to HUD, 11 percent of all beds in shelters that do track client information were designated for domestic violence victims in 2022.

Affordable housing is scarce, even for people with jobs

Another factor driving homelessness in the U.S. is a severe shortage of affordable housing.

For people making extremely low wages (either at or below the federal poverty line or 30 percent of their area’s median income), there are only 34 affordable rental options per 100 families in need of housing.

Working full-time, even for higher than minimum wage, is no guarantee that permanent housing will be attainable. In fact, according to a report by the National Low Income Housing Coalition, the average full-time worker would need to make over $32 per hour to afford to rent a modest two-bedroom home or over $26 per hour to afford a one-bedroom.

There is nowhere in the country where a full-time minimum wage worker can afford to rent a two-bedroom home at a regular market rate. Even accounting for states and localities that have set their minimum wage above the federal level, the average minimum wage worker would have to work 113 hours per week to afford a two-bedroom home or 95 hours to afford a one-bedroom home.

A 2021 study from researchers at the University of Chicago found that 53 percent of people experiencing sheltered homelessness (meaning people living in shelters or transitional housing) had some kind of formal employment and 40 percent of people experiencing unsheltered homelessness were employed.

 

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