Upon reading the opinion piece “Disqualification” (Jan. 18), I was seized by a deep sense of gratitude. I was profoundly grateful that the author, a retired attorney, was not a member of the Supreme Court of the United States, although I do have to admit that just about anything or anyone would be an improvement in that department.
First, the author makes the claim that Trump was not guilty of insurrection, which, according to the author, is “a term usually associated with seizing power by force, and generalissimos parked in tanks on the palace lawn.” Whereas under U.S. law it is illegal to incite, assist with, or participate in a rebellion or insurrection against United States laws and authority, and it particularly applies when perpetrators destroy government property or assault federal officers. It makes no mention of generalissimos. Mere rebellion or refusing to recognize and comply with United States laws and authority will do. Did Trump incite, assist with, or otherwise participate in this sort of thing? Damn right he did. Did Al Gore? No.
The author acknowledges that under the 14th Amendment, a criminal conviction is not required, but he goes on to express his feeling that Trump deserves to be considered innocent until proven guilty. We hold Trump’s misbehavior as overtly self-evident to all the world, and therefore feel that the future of this nation deserves the benefit of the doubt, not Trump.
More importantly, another issue is not what Trump may or may not have done, rather it is what he didn’t do. When Trump was inaugurated (before the hugest crowd ever assembled ever), he swore to the world and those American citizens not actively engaged in vomiting to do the following:
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
Did Donald J. Trump honor that oath? Hell no. He refused to participate in a peaceful transition of power, spread hate and lies, engaged in acts of sedition, and trampled all over the aforesaid Constitution in his pitiful, self-serving attempt to unlawfully remain in power. Disqualification does not matter. What matters is that Donald J. Trump has proven himself unfit to serve in any political office in this country, and I am certain the framers of our Constitution would agree.
Mark Henry
San Luis Obispo
This article appears in Jan 25 – Feb 4, 2024.


The standard of his opponents/detractors holding the power to decide that is not right. There has to be some kind of due process, not public opinion. I would argue that he assaulted nobody, destroyed no property and directed nobody to do so. He was free to articulate his beliefs. ( I disagree with him,) I will not vote for him but he has every right to be on the ballot until he has been given due process. Ultimately, this will go to SCOTUS.
According to Mr. Henry, “refusing to recognize and comply with United States laws and authority” constitutes insurrection. So, can I assume that Mr. Henry will be leading the charge to remove the mayors and governors of sanctuary cities and states for insurrection? After all, they have chosen to disobey the federal immigration laws. Or, perhaps Mr. Henry is only referring to a failure to recognize and comply with the laws he likes?
We are fortunate that the Constitute protects us all from those who treat their opinions as “self-evident” truths.
You lost me in the first paragraph, Mark. I’m not surprised Donegan has not responded, because you did nothing to contradict his basic argument. But, not nice try anyway.
Whoops, spoke too soon. I thought maybe Donegan would take the high road and ignore this one. I guess he couldn’t resist.
Sorry, Mike, but I just couldn’t help myself from jumping down into the partisan muck with the rest of you. We’ll leave the high road for the less opinionated.
“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, or as a member of any state legisture, or as an executive or
judicial officer of any state,
to support the Constitution of the United state,
shall have engaged in insurrectiion or rebellion against the same, or given aid or comfort to the enemies thereof.
But Congress may by a vote of teo thirds of eachHouse, remove such disability.”
That is to say that any individual having sworn an oath to support the US Constitution then engaes in insurrestion or rebellion against the Constitution shall then be a Senator or Representaive in Congress or elector of President and Vice President [presuably it takes electors to elect the President and VIce President].
Therefore, if taking an oath to support the Constitution – which Trump did – and then engage in insurrection or rebellion against the Constitution, they cannot serve in those high federal offices.
Is saying the election is a fraud insurrection or rebellion against the Constitution?
Is speech calling for invasion of the halls of Congreaa insurrection or rebellion?
Did Trymp do one or the other or both?
gail
Lightfooot for US Senare, 2024 – > http://lightfoot.votelibertarian.us <
“Did Trymp do one or the other or both?” (sic)
First, I would say that I am against taking Trump’s name off the ballot. He has to be soundly defeated, AGAIN, in order for this nation to move past his deeply troubling tenure in the political limelight.
As for your question about insurrection, let’s just postulate for shits and giggles that Hillary Clinton had decided to enlist Barack Obama to hold a rally outside the Capitol on the very day that Congress was voting on the electoral college in 2017.
Let’s say that Obama whipped the crowd into a frenzy, saying there were numerous illegalities in the voting, especially in Georgia, Michigan and Arizona and that Hillary had actually been the winner and VP Joe Biden should “pause” the electoral college count until the courts could sort it out.
Then, that mob, which included many antifa and BLM folks, decided to break into the Capitol building, injuring Capitol Police and getting one of their own killed. They continued into the building, spread feces, chased police and put their feet up on Paul Ryan’s desk. All the while, Obama and Clinton monitored the situation for two hours in the Oval Office before finally capitulating and telling the mob to go home.
Gee, I wonder what Republicans like Mr. Donegan would be calling it?