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[link removed] [[link removed]] This is a long email about CREW’s work to hold Donald Trump accountable. If you already know that you want to support our efforts to fight for accountability, please click here to make a donation to CREW → [[link removed]]




John,

The last few weeks here at CREW have been pretty busy. Last week, the Supreme Court issued their ruling in our lawsuit against Donald Trump—and while the justices failed to bar Donald Trump from the ballot, they did not exonerate him for inciting the insurrection.

Trump is an insurrectionist, and the Supreme Court does not dispute that fact. In fact, three justices confirmed it.

But I’ll be honest, this ruling does not make accountability for that insurrection any easier. Here’s what this ruling means, beyond the headlines:

“The lead of any story about the decision in Trump v. Anderson should be that the Court has unanimously ruled that an insurrectionist who attempted to overthrow a presidential election will remain on the presidential ballot,” Sean Wilentz wrote in his piece for The New York Review [[link removed]] .

Former Montana Governor and RNC Chair Marc Racicot wrote in his Newsweek piece [[link removed]] about this very fact, saying that “what the court didn't say spoke even louder than what it did say,” and we couldn’t agree more.

“The court did not say that what happened Jan. 6, 2021, wasn't an insurrection, and the court did not say that Trump didn't engage in it—in fact, three justices called Trump an ‘oath-breaking insurrectionist.’ The court didn't even say that Trump was not disqualified—merely that states may not enforce Section 3 disqualification against federal candidates.”
– Marc Racicot, NewsweekJohn, the Court may have had the opportunity to block our efforts to enforce the 14th Amendment and bar Trump from the ballot, but they also had the opportunity to absolve Trump of insurrection— and they chose not to.

Instead, the Court chose to insulate not only Trump, but also other insurrectionists from accountability, as Mark Joseph Stern writes for Slate [[link removed]] :

“...five conservative justices just couldn’t help themselves: They went much further than the case required, announcing an entirely new rule that Congress alone, through ‘a particular kind of legislation,’ may enforce the constitutional bar on insurrectionists holding office. As the three liberal justices pointed out, in a separate opinion that glows white-hot with indignation, the majority’s overreach ‘attempts to insulate all alleged insurrectionists from future challenges to their holding federal office.’”Why would Section 3 require legislation by Congress when the rest of the 14th Amendment is self-executing? It makes very little sense to us at CREW, or to other legal observers. As retired Judge J. Michael Luttig put it, [[link removed].] the decision was “both shocking and unprecedented” and makes Section 3 essentially impossible to enforce against Trump or any other federal candidate absent federal legislation—and we all know the challenge of Congress legislating on anything in the current moment.

While the decision does not absolve Trump, it does seem to ignore the danger to our democracy that motivated this lawsuit.

Trump and his allies already ignored the results of a free and fair election once—and they may well turn to violence again. As Stephen Colbert rightly pointed out [[link removed]] :

“Okay, quick question, if Congress does decide to pass that legislation to disqualify a candidate for insurrection, what if [Trump] sends his mob to storm Congress to stop them from passing that legislation? Does that count as an insurrection or do they have to pass more legislation about that before the next mob shows up?”But John, in all seriousness, the Supreme Court’s decision makes accountability under the 14th Amendment much more difficult to pursue, not only for Trump but also for other federal candidates.

As Sherrilyn Ifill, former President of the NAACP Legal Defense Fund, explained on MSNBC [[link removed]] :

“Some of us have kept a running list of Members of Congress who were involved or believed to have been involved in the plans to overturn the election. Trump is not the only fish in this ocean. The Supreme Court seemed to go further not only to protect Trump into the future, but also to protect others.”John, Ifill is right. The Court’s decision lets Trump and many others off the hook. The Court failed to meet the moment and impose consequences for January 6th. But here’s what else it did:

*
It
showed
the
Court
could
act
quickly
when
it
wanted
to
protect
Trump
(a
stark
contrast
with
the
slower
process
in
the
Trump
immunity
case).
*
It
showed
that
we
can’t
rely
on
the
highest
Court
for
accountability
in
even
the
highest
stakes
cases.
*
It
showed
that
we
need
to
keep
fighting
for
stronger
ethics
and
recusal
rules
for
the
Court.
*
It
made
clear
that
states
can
enforce
Section
3
of
the
14th
Amendment
against
state
candidates—as
CREW
did
when
we
brought
a
case
that
removed
Otero
County,
NM
Commissioner
Couy
Griffin
in
2022.

With the Supreme Court refusing to take action to hold Donald Trump and insurrectionists accountable, it’s critical that others step up.

That’s why CREW isn’t backing down from the fight for accountability, and we need you to stand with us. We’re going to keep up our investigations into Trump and his role in the insurrection. We’re going to keep spotlighting other insurrectionists. And we’re going to keep tracking all the corporate donations to election deniers.

If you want to see accountability for Donald Trump and every insurrectionist who stood against our democracy on January 6th, then please make a donation to CREW today → [[link removed]]If you've saved your payment information with ActBlue Express, your donation will go through immediately:

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Thanks for being a CREW supporter. Your support is invaluable in continuing this important work,

Noah Bookbinder
President
CREW
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