Former Assistant U.S. Attorney Andy McCarthy has issued a foreboding caution regarding the legal cases involving former President Donald Trump in Colorado and Maine. McCarthy warns that the United States could descend into “complete chaos” leading up to the 2024 presidential election if the U.S. Supreme Court does not deliberate on the cases. Colorado and Maine have decided to remove Trump from the primary ballot, citing Section 3 of the 14th Amendment, which prohibits individuals from holding office if they have engaged in insurrection or rebellion.
During a recent segment on Fox News, McCarthy expressed the urgency for the Supreme Court to tackle the case, acknowledging the reluctance to delve into the politics of the upcoming election. He emphasized the potential for chaos if the Court does not address the issue promptly, stressing the need to settle whether Trump can be disqualified from both the primary and general elections.
McCarthy outlined the complexity of the situation, anticipating multiple layers of litigation in various states if the Supreme Court does not intervene. He urged the Court to clarify the procedures surrounding disqualification under the 14th Amendment to avoid a state-by-state ad-hoc approach that could lead to confusion.
The Colorado Supreme Court, in a 4-3 decision on December 19, disqualified Trump from the state’s primary ballot. Maine Secretary of State Shenna Bellows followed suit on December 28, invoking the 14th Amendment.
Expressing hopefulness, McCarthy anticipates that the Supreme Court will unanimously overturn the decisions of the states. He expects some progressive justices to align with the conservative majority in reaching a resolution. McCarthy believes the Supreme Court might avoid ruling on whether Trump violated the 14th Amendment by engaging in insurrection during the January 6, 2021, Capitol riot. He argued that neither Trump nor any of his associates have faced charges or convictions related to insurrection stemming from the riot.
McCarthy suggested that the Supreme Court could emphasize the importance of due process in such cases, establishing a procedure where individuals accused of insurrection receive adequate legal safeguards. This approach would allow the Court to avoid ruling directly on the merits of the insurrection allegations while ensuring a fair and rigorous legal process.
