Trump and DeSantis: Aiding Insurrectionists and Obstructing Justice

Treason and the Offer of Pardons

In the aftermath of the January 6th insurrection, the question of pardons has become a contentious and legal concern. Former President Donald Trump, in offering pardons to those involved, has crossed a line that goes beyond mere support and into the realms of treason and obstruction of justice. The statement from Trump and DeSantis not only aids those who have committed crimes but does so with the clear intention of hindering the pursuit of justice. This act can be seen as an act of treason, as defined by the U.S. Constitution.

Treason Defined

According to the Constitution, Article III, Section 3 states: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort within the United States or elsewhere…" By offering pardons to January 6th convicts, Trump and DeSantis are aiding and comforting those who have undermined the democratic process and law enforcement. This action can be construed as treason, a serious offense that carries the death penalty.

Accomplice After the Fact

Offering pardons is not the only concern. Trump's actions can also be viewed as an accomplice after the fact. The concept of "accomplice after the fact" involves aiding, abetting, or assisting a person who has committed a crime. In this case, Trump is offering aid and comfort to insurrectionists, effectively acting as an accomplice to the crimes committed on January 6th. This action further solidifies the legal basis for pursuing charges that go beyond simple obstruction of justice.

The 14th Amendment and Legal Preclusion

There is a legal pathway to prevent Trump from ever holding office again, and that is through the invocation of the 14th Amendment, specifically Section 3. This section of the amendment states that no person 'shall be a Senator or Representative in Congress… 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 legislature or as an executive or judicial officer of any State to support the Constitution of the United States shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof.'

Given Trump's role in the January 6th insurrection, Section 3 of the 14th Amendment could be invoked to legally preclude him from holding public office again. However, Congress needs a two-thirds majority in both the House and Senate to remove such a disability.

Vladimir Putin's Role and the Investigation

It is worth noting that Vladimir Putin played a significant role in electing Trump president, and he has a vested interest in seeing the insurrection played down rather than investigated thoroughly. This could be a factor in why Putin was involved in avoiding further investigation. It is crucial to ensure that this investigation does not just end with Trump being criminally prosecuted but also sees the implementation of the 14th Amendment, especially Section 3, to prevent any future actions that undermine the Constitution and national security.

Conclusions

The actions of Trump and DeSantis in offering pardons to January 6th insurrectionists are severe and go beyond the bounds of legal and ethical norms. These actions can be seen as treason and accomplice after the fact. The invocation of the 14th Amendment, particularly Section 3, provides a legal basis for preventing Trump from holding any public office, including from ever holding the office of President again. The significance of this cannot be overstated, as it ensures that those who seek to undermine the Constitution and the rule of law are held accountable. By addressing these legal and constitutional issues, we can ensure that democracy is not only restored but also protected for the future.