MeidasTouch host Ben Meiselas interviews former top federal prosecutor Glen Kirschner on the remaining issues surrounding disqualification of Donald Trump under the 14th Amendment Section 3. Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices
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I'm joined by Glenn Kirshner, former top federal prosecutor, the host of Justice Matters. Glenn, I want to talk about this issue, disqualification of Donald Trump under the 14th Amendment, Section 3. I've seen you do some videos of it. Brian Tyler Cohen do videos of it. I've seen a lot of videos that have gone into this issue, and I want to really kind of flesh it out as well.
You and I both seem to agree that the Supreme Court got it wrong when they required that there be some sort of federal legislation from Congress that is required in order for there to be disqualification, that the Supreme Court went beyond even the question that was posed about whether Donald Trump could be on the ballot
in Colorado, where nine of the Supreme Court justices thought that Colorado did not have the right to disqualify Donald Trump. By the way, I want to get your take on it. I still agree. I disagree with those 9-0 judges there as well. The majority went even further and said that federal legislation is required to which the three justices, Ketanji Brown, Jackson, Sotomayor, and Kagan said,
why are you shutting the door? They use that exact language, shutting the door to other areas of challenging Donald Trump through other federal means. And they said, we're writing in protest of the majority opinion that said federal legislation is required. And they said, that's not in the text of the 14th Amendment, Section 3. In fact,
14th Amendment Section 3 talks about that you would need 2 thirds of Congress to remove the disability. So why would you simply need a simple majority of Congress to disqualify, but 2 thirds to remove the disability? It makes no sense. But let's just start with the premise of what the Supreme Court ruled. You saw, Glenn, the 30 minute video that I did. Was there any kind of flaws in my logic?
Was there any kind of disinfo? There's some suggestions out there or at least my recitation of what it is that the Supreme Court said. If I was lecturing, here's what they said. Did I get it right on what they said?
Yeah, Ben, I mean, it wasn't even an opinion you were offering. You were quoting right from the Supreme Court majority opinion, the 5-4. It wasn't really 9-0 on the question that we are discussing, namely, does Congress have to legislate in order to implement the disqualification clause? So it's my view that the Supreme Court got it wrong and uninformed. Why do I say wrong and uninformed?
Because there's a bedrock principle in particularly appellate law. I argued criminal appeals in front of military appellate courts, in front of federal appellate courts, and in front of state and local appellate courts. There's a bedrock principle. You only saw the legal wood in front of you.
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