In a court hearing today, attorneys representing former President Donald Trump argued against the removal of his name from the state ballot, asserting that such an action would disenfranchise millions of Americans. Trump's defense lawyer, David Schoen, outlined various arguments, including the interpretation of the 14th Amendment and due process concerns.
Schoen contended that the 14th Amendment, which incorporates Fifth and Sixth Amendment principles, necessitates the overturning of the provision in question. He emphasized that if Trump were to be charged with insurrection under federal statute 18 U.S.C. 2383, he would be entitled to the procedural protections ensured by the Fifth and Sixth Amendments, such as the right to a jury trial and the burden of proof beyond a reasonable doubt. However, since no such charges were brought against Trump or presented to a grand jury, Schoen argued that subjecting Trump to a process lacking these safeguards was inappropriate.
