Destroying a Democracy to Save It: Robert Reich Calls for Blocking Trump from Ballots as a Traitor

Robert Reich, the Berkeley professor and the former labor secretary under Clinton, has been known for his increasing anti-free speech views through the years including characterizing the restoration of free speech on social media as tyranny. He now believes that former President Donald Trump can be barred from running for president in 2024 because he “committed treason,” according to a new column in The Guardian. The argument is entirely without merit, but that does not prevent the media from repeating this flawed but cathartic claim.Reich makes an argument voiced by many on cable news that Trump is barred under “the explicit language of section three of the 14th amendment to the constitution, which prohibits anyone who has held public office and who has engaged in insurrection against the United States from ever again serving in public office.” Reich latched upon the long-dormant provision in Section 3 of the 14th Amendment — the “disqualification clause” — which was written after the 39th Congress convened in December 1865 when many members were shocked to see Alexander Stephens, the Confederate vice president, waiting to take a seat with an array of other former Confederate senators and military officers.Justice Edwin Reade of the North Carolina Supreme Court later explained, “[t]he idea [was] that one who had taken an oath to support the Constitution and violated it, ought to be excluded from taking it again.” So, members drafted a provision that declared that

“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 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.”

The Disqualification Clause has also been used by Democrats like Rep. Bill Pascrell (D-N.J.) who demanded the disqualification of the 120 House Republicans. Democratic lawyer Marc Elias also pushed this absurd claim. 

Former House Speaker Nancy Pelosi (D-Calif.) has fueled these efforts and declared that “it is essential that we preserve the narrative of January 6th.” Part of that narrative is that this was not a riot but an “insurrection,” an actual “rebellion” against our country. Pelosi’s concern over the viability of that narrative is well-based as shown by a CBS News poll. The majority of the public does not believe that this was an “insurrection” despite the mantra-like repetition of members of Congress and the media. The public saw that terrible day unfold a year ago and saw it for what it was: a protest that became a riot.

Jan. 6 was a national tragedy. I publicly condemned President Trump’s speech that day while it was being given — and I denounced the riot as a “constitutional desecration.” However, it has not been treated legally as an insurrection. Those charged for their role in the attack that day have largely faced trespass and other less serious charges — rather than insurrection or treason.  Only a dozen or so individuals have faced seditious conspiracy charges, which is a broad crime that covers intentionally interfering with an official proceeding.

Trump has not been charged over his role on January 6th. Nevertheless, Reich views the necessity of a charge, let alone a conviction, as a triviality.

“Can any of us who saw (or have learned through the painstaking work of the January 6 committee) what Trump tried to do to overturn the results of the 2020 election have any doubt he will once again try to do whatever necessary to regain power, even if illegal and unconstitutional?”

Reich believes that this is all that is required to bar the leading candidate running on the Republican side. Imagine the implications of what he is suggesting. He would bar candidates based solely on how he viewed their conduct in prior years as fostering insurrection.

“Filing deadlines for 2024 presidential candidates will come in the next six months, in most states. Secretaries of state – who in most cases are in charge of deciding who gets on the ballot – must refuse to place Donald Trump’s name on the 2024 ballot, based on the clear meaning of section three of the 14th amendment to the US constitution.”

While consistent with someone who warned that free speech is tyranny, this is not the defense but the denial of democracy. Under Reich’s approach, Republicans could bar Hillary Clinton or others from the ballot for what they viewed as treasonous acts. No criminal charge or conviction is needed. It is just based on “what we saw” in prior years.

Justice Louis Brandeis once warned that “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” From his call to limit free speech to his effort to bar opposing candidates from ballots, Robert Reich is rapidly becoming one of those dangerous men of zeal.

 

 

200 thoughts on “Destroying a Democracy to Save It: Robert Reich Calls for Blocking Trump from Ballots as a Traitor”

  1. So democrats talk about some speech restrictions and Jt gets his panties in a wad. Meanwhile, the Repos are actually passing laws preventing free speech and JT is silent. DeSantis hates that Disney spoke bad about his anti gay bill. so they are passing laws to punish the company. In Idaho doctors can be charged with a felony if they counsel a women about an abortion. Librarians are under threat all over the country for daring to have books that a handful of people don’t like.

    Let’s see, talk about restricting speech and you are an evil person. Actually pass laws to restrict free speech, meh.

    Nice going JT.

    1. BabyTrump, so Democrats talk about some speech restrictions and to you it’s no big deal. You just can’t let that pesky first amendment get in the way. The left is always screaming about corporations getting special treatment but they’re alright with Disney getting special treatment. You have convinced yourself that only a few people are concerned about pornography in school libraries. Now here in your post you are basically admitting that it’s a good thing that your rights are being taken away. This thought process is as juvenile as your BabyTrump handle. We get it. You are part of the twenty four percent of Americans who think that Jan 6 was a riot. Being part of the twenty four percent of Americans you then go on to tell us that no one cares about porn in schools. Do you ever stop to think that seventy six percent of Americans do not agree with your narcissistic blathering. Ladies and Gentlemen here we have a legend in his own mind. A Reich clone.

      1. TiT, merely talking about it is a far cry from acting on it by legislating. Republicans are more anti-free speech than democrats as they openly seek to ban books, drag shows, and prevent legislators from speaking in Montana because they don’t like the criticism. That is anti-free speech and Turley seems indifferent to more blatant violations. It seems the thought of or considering something is far more egregious than actually doing it. Weird.

          1. School districts in Texas, Utah, Missouri and others have sought to ban the Holy Bible because that might inspire little boys to dream and grow up to be warriors and prophets like Abraham, Isaac, Jacob, Moses and King David, Saint John the Baptist, Saint Peter, Saint Paul, to name a few. And little girls might get ideas to be fearless and godly like Sarah the mother of the Jewish Nation, Deborah an influential female Judge, Esther the powerful Persian Queen, Ruth, the Virgin Mary the Mother of God, and many others

            https://www.womeninthescriptures.com/2017/03/list-of-all-women-in-old-testament.html

            1. Or how about the Bible encouraging young girls to get their dad drunk so they can have sex with him and get pregnant to have his kids? My husband is my kids grandpa, sounds like a great song. Or how about encouraging young boys to lust after their neighbor and kill the husband so they can marry the sexy widow that bathes nude on the roof top? Great stories, don’t you think?

              1. BabyTrump – many incidents are recorded in the Bible, including some immoral ones. It doesn’t mean the Bible portrays those incidents heroically or otherwise with approval. Your extension of what Estovir said kind of falls flat.

          2. California and other left wing nut bastions have banned Mark Twain. John Steinbeck, JD Salinger – to name a few.

            I would note that each of these was at one time a hero of the left.

              1. Many bookstores have removed titles by these authors that were once darlings of the left.

      2. I have not a clue what your are blathering about. I said nothing about what my concerns is regarding Demos, many of them are disgusting. Did I say I have no concern for Demos talking about restricting speech? Nope, I was just pointing out they they are talking about it and Repos are passing laws actually restricting speech. Did you even read what I wrote? Disney has been operating in Florida like they have since the land was a swamp. DeSantis has admitted he is punishing Disney for opposing his don’t say gay bill. In Boise about 100 people wanted the libraries closed because of so called pornography, a few thousand showed up to support the library. You are incorrect about what I think of Jan 6. It was an attempted insurrection and all involved should be tried for treason. That is what happens when you fail in a coup attempt. The losers are usually killed without benefit of trial. In this country they are bring tried and punished like petty criminals. They are much worse. Go ahead, give money to your pussy grabbing orange man. He needs your money.

  2. Like so much of what the Left says and does, it is superficial and improvident, just as Reich is himself. An absurd opinion of an absurd little man.

  3. SO who is this Guy Really?

    YouTube: Robert Reich – https://robertreich.org/

    Inequality Media is a nonprofit co-founded by former Secretary of Labor Robert Reich and Director Jacob Kornbluth following the success of their documentary film, Inequality For All. Inequality Media uses the power of storytelling to inform and engage the public about the realities and impacts of inequality and imbalance of power in America.

    We believe in the power of storytelling to inform and engage. And we believe in the power of an informed and engaged public to bring about change because how we understand a problem dictates what options are on the table to fix it. Our ultimate vision is an economy that works for everyone.

    See:
    https://www.youtube.com/results?search_query=Robert+Reich

    1. He’s the Guy who killed the Detroit Michigan Automobile Industry via NAFTA.

      Reich argued against any attempt to keep American manufacturing jobs from being outsourced overseas, believing that such jobs are being lost everywhere because of automation, and that the benefits of cheaper products will generate more American jobs in the long run.
      https://www.jewishvirtuallibrary.org/reich-robert-bernard

      He’s Hillary and Bill Clinton’s Yale Buddies …
      https://en.wikipedia.org/wiki/Robert_Reich

      -Schmuck-

  4. Why do so few people see Jan 6th as the messy collapse of a plot on the part of Trump to “game” the Electoral College system to remain as President? Trump was modifying the plot as the day unfolded. It went from announcing to the entire world from the Ellipse that “if Mike Pence does the right thing…..I become President.” That is as concise an admission of the plot’s motive and means as you’ll find anywhere.

    As it became clear that Pence would not play ball, the plot shifted to a belief that the protestors marching on the Capitol could halt the proceedings before Biden were certified (a federal crime of the highest order, and for a President intending to block the Electoral Counting, the clearest act of insurrection). The new plot was to declare martial law, and suspend all transition activities and timetables. Only by 4pm, it was clear Trump had virtually no support for this martial law plan where it mattered, and he folded his tent. For the militants tuned into the martial law plot, Trump’s retreat was the ultimate act of betrayal.

    Trump’s guilt centers on his failure to accept defeat after exhausting his actions in the state courts. He waged a deceptive infowarfare campaign which caused election workers in several states to be bombarded with death threats. He fomented mob resistance to the Constitutional transition of power in the very naming of the “Stop the Steal” rally. And, we have yet to find out what his “war room” at the Willard Hotel was doing the 4 days leading up to J6th.

    The facts are overwhelming, and Trump publicly admits to his plot in the Ellipse Speech where he boasts “…and I become President.” He tried in many ways to thwart the Constitutional order, and openly admits, before any violence took place, his intent to block Biden’s Inauguration. The insurrection was the plot, which had been going on for 5 or 6 weeks. The violence at the Capitol was the collapse of the plot, not the object of it.

    The treason was in plotting to remain in office beyond his term, and that crime preceded the violence at the Capitol.
    The 14th Amendment surely applies to such a brazen defiance of Constitutional duty to agree to cede the Office to the victor after election defeat.

    1. So Al Gore Jr. was also a “traitor” for trying to stay in office after 2000.? And Hillary Clinton was a “traitor” for cooking up a phony conspiracy theory to undermine Trump’s presidency. And Joe Biden was a “traitor” for preventing the electorate from learning about his corrupt dealings revealed in Hunter’s laptop.

    1. “. . . 85K [sic] equipment . . .”

      That’s “b” — as in $85-billion. Which gross irresponsibility by Biden then made the Taliban a major arms dealer — of American weapons.

  5. “I publicly condemned President Trump’s speech that day while it was being given ”

    Turley needs to grow up and stop trying to placate the left that he nostalgically remembers from back when they were benign “liberals.” Those people have gone the way of the McRib sandwich, and it isn’t because they were slaughtered by people on the right. They were devoured by savages on the left and no longer exist as a viable political entity. You cannot resurrect them or get back in their good graces by badmouthing Trump.

    You want to condemn something? Condemn Garbage Fox for firing Tucker Carlson for reasons that will NEVER stand up under either political or economic scrutiny, unless Rupert Murdoch wants to finally admit to being a leftist or a fraud (or both).

    And you might consider condemning your own website for banning comments that violate NO rules and allowing your attack dogs to slander other commenters.

  6. Destroying a Democracy to Save Your Soul

    If Uncle Joe gets a 2nd term, the inauguration will include a healing ceremony.

    Heal the sick, lame, dumb, blind, deaf, raise the dead and your taxes. Hallelujah!

  7. There’s still the Proud Boys sedition trial underway. Currently the jury is deliberating on the evidence and could issue a verdict soon. That may change the dynamics of Turley’s argument. He may have spoken too soon about Robert’s opinion.

  8. “ Trump has not been charged over his role on January 6th. Nevertheless, Reich views the necessity of a charge, let alone a conviction, as a triviality.”

    Well… he did provide aid and comfort which is a chargeable offense.

    There have already been guilty pleas on sedition charges. Sedition is conduct or speech inciting people to rebel against the authority of a state or monarch. The resulting actions were attempted insurrection.

    “ Those charged for their role in the attack that day have largely faced trespass and other less serious charges — rather than insurrection or treason.

    Assault on police officers, weapons charges, destruction of government property, theft, etc. these are not “other less serious charges”. Turley sure goes for the soft peddling of the J6 events. It was much more than mere trespassing violations.

    1. Turley will not risk his gig on FOX, besides you know what he’s doing, feeding the rage.

      1. FishWings, he’s feeding them by the truckload. It’s easier and Fox News approved.

    2. Svelaz – compare the property damage on January 6 with the property damage caused by the BLM and AntiFi riots in 2020. It is like comparing a swimming pool to the Pacific Ocean. How many leftists went to jail for inciting, excusing, and justifying the BLM/Ant-Fi riots?

      1. Edward, a LOT of leftists went to jail. You didn’t know that? They were booked by the thousands and released based on the severity of the charges. They got prosecuted as anyone should be.

        1. Svelaz – How many were sentenced to prison? Please try to be precise.

    3. Svelaz – “he did provide aid and comfort which is a chargeable offense.” What chargeable offense are you talking about? “Weapons charges” – what weapons? None of the demonstrators at the Capitol had a gun. Are you talking about a shield that was used to break a window? “Destruction of government property” – other than a couple of windows, what government property was destroyed? The BLM/AntiFa attack on the federal courthouse in Portland cost about $1.6 million in damages. https://www.opb.org/article/2021/04/21/dhsreport-says-750-federal-officers-sent-to-2020-protests-in-portland/ “Theft” – what was stolen? Aside from the question of “what happended” is “who did what”? How many of the people charged actually did any of these acts themselves. There is no such thing as collective guilt in a free society.

  9. One thing that is magic about Trump is he enrages people so much they flip out and reveal the true darkness of their hearts! Reich has always been this way but did not dare say it. Now with Trump eating away at his brain, the true “Robert Reich the Third” drops the act and reveals himself to be just another want to be dictator!

  10. Watching Robert Reich on the old Bill O’Reilly show on FNC, his rhetoric swung further and further LEFT until one interview O’Reilly called Reich a COMMUNIST right to his face…Robert’s expression stayed blank, not even a blink, and that has been my perception ever since. The late Rush Limbaugh gave Reich a bronx cheer with the elongated pronunciation of his name, and from then on, Reich has lived up to his indeaology to such an extent that his word is just so much LEFTIST verbal confetti.

  11. I was there on January 6. The speech was so boring that many of us left the White House early. Trump repeatedly said that the solution to the problem of the totally not stolen at all election was for Pence “to do the right thing.” Meanwhile Pence’s letter saying he intended to certify was already public domain at that point. The plan for that day had been to present evidence of election fraud to Congress and demand an investigation. Nobody really thought it was going to change anything but we wanted to be heard. Because of the totally not at all FBI organized events of that day, the evidence was never considered. I’m sure that was totally not at all the plan. The place was absolutely crawling with antifa. I saw them being dropped off by brand new white sedans all over the place on January 5. I’m sure they were totally not at all being paid by the FBI. It was clear from Trump’s speech that the whole day was a waste of time. He seemed completely out of touch. I went back to the hotel and had a margarita and I never went on to the Capitol and I’m so grateful now that I didn’t. It was such a cold, bitter, miserable day that if the cops had ushered me in, as they did for many, I’d have gone in like a shot, if only to get out of the cold and use the restroom since Mayor Bowser had ordered all public restrooms closed to Trump supporters. To say that Trump’s speech was inflammatory is like saying Pelosi’s plunging neckline is inflammatory. If anything, people had been exhorted by Trump to come to DC that day and came because they had faith in him, only to see their faith disappointed. It was a mega MAGA letdown. People like Turley just can’t let go of whatever shreds of what he himself called “moral high ground” and face the fact that j6 was a trap intended to deflect attention from the totally not at all stolen election. It succeeded. Congratulations, you now have the country you deserve.

    1. Well, I must say I expected a worthless read of your take on J6. I come away with what I believe to be a boots-on-the-ground insight into the events of that day. Nice job giving us your opinion on the non-insurrection.

  12. There is just one problem with calling Trump a traitor. Where is the conviction? He has not taken up arms against the United States. Yes he gave a highly inflammatory speech on J6 but I have heard worse over the past 74 years, in this country with no traitor being convicted. The Supreme Court might have some caveats about free speech but the Constitution does not. People who have run from this country to Canada to escape the draft in various wars have always been given presidential pardons or amnesties and these people were objecting to a duly legal act of a freely elected congress. It was very real to me in the 1960’s and 1970’s while in college and medical school. I received deferments but I knew if I failed, with my draft number, I would never leave this country and was prepared to enlist if need be. If I had left I could never have faced my father again (who risked life and limb in WW2 and Korea) I despise those that left and were given amnesties but I also despise the Democratic Party and President that ginned up a purported incident in the Gulf of Tonkin to launch an undeclared war and contribute to the killing of 56,000 Americans and then that same party reneged on a promise to help VietNam when they abandoned the country in 1975. That’s when I started to leave the democratic party. In my mind that party no longer deserves a capital D.
    Robert Reich is a small dog with a yelping voice “full of sound and fury, signifying nothing”.

    1. Audit the vote? Thank you for your support, follow the rules, go home peacefully.

    2. GEB,
      Ah! Things like due process, letter of the law.
      Nah! Lets us all be Robert Reich, skip the trial and just declare Trump guilty!
      Seems very comrade like.

  13. Robert Reich is an totalitarian non-thinker who would be very comfortable serving as a commissar in a Soviet style regime. He is an ignoramus when it comes to economics. Elon Musk said it best’ “You are both an idiot and a liar,” Reich reminds me of those Stalinist supporters who went to their execution while swearing allegiance to the Party. He is despicable and was the worst Labor secretary up until now! He is a force against traditional liberal democracy.

    1. Soviet, perhaps. Stalinism, probably. A Maoist regime, certainly, with diversity, planned populationhood, planned parenthood, and redistributive change.

  14. I’d like to know Mr. Turley if you think Donald Trump also is “one of those dangerous men of zeal”? Or does he pose no similar threat to our democracy and therefore we should be unconcerned about his actions and conduct?

    1. To the extent that Donald Trump is seeking to replace the rule of law with the rule of man.
      To the extent that he seeks to use never before argued legal claims to thwart political opponents – Trump is one of those dangerous men of zeal.

      That extent is NEAR ZERO.

      Turley remains overly disturbed by J6 which is the natural outcome of an untrustworthy election.

      To an extent Pelosi is correct – J6 was an insurrection – but not against the US constitution or legitimate government,
      But like the minutemen in Lexington and Concorde – against those in government who were no longer protecting our rights.

      It has always been obvious to most that the 2020 election outcome was the consequence of a broad democratic consensus to win by “:any means necessary”.

      And that is exactly what is meant by dangerous mean of zeal – those for whom the ends justifies the means.

      It appears that in 2024 we will have a unique choice.

      We will get to chose between a president who said stupid things regarding our freedoms,
      And one who actually violated fundimental rights.
      Between one who promised prosperity and one who delivered.
      Between one who talked dangerously and one who acted dangerously.
      Between one who ended wars and one who started them.

      The contrast could not be greater.

      1. Neither measures up by my standards. Both Trump and Biden immediately turn to self-deception when faced with serious conflict, then project their “belief-based” narratives as public frauds. If Trump or Biden is the best leadership we can aspire to, we’re hosed. And if we don’t expect more, we certainly won’t get it.

        1. I agree. BUT, It is still correct that Trump is the best president in the 21st century, and Biden is the worst.

  15. “[Trump] will once again try to do whatever necessary to regain power . . .” (Reich)

    You can always count on the D’s to accuse others of precisely what they are doing — and have done.

  16. Trump used the courts to challenge the election outcome, just as Democrats have done in every presidential election won by Republicans in the past 30 years. Trump voluntarily left office on January 20 as required by law.

    Some traitor.

    1. Trump lost every case in court except one. To this day there is still no evidence of his voter fraud claims. Fox News just paid dearly for peddling Trump’s BS while knowing it was BS. He lost fair and square.

      1. Everything you wrote is completely irrelevant to my point that he followed the law every step of the way making Reich’s argument dumb. .

        1. Except when he asked Brad Reffensberger to “find the votes” … to give him a victory in Georgia.

          When did a Democrat call a state Secretary of State with a similar request?

          If that hasn’t occurred, do you want to amend your above statement?

          1. Lying again. You don’t dare use the quote in context and interpret it in the way it was said.

          2. Anonymous – What is wrong in asking an election officials to “find” votes? Al Gore Jr spent two months trying to find enough votes to win.

      2. “Trump lost every case in court except one.”

        This comment shows how ignorant so many on the left are. Trump didn’t lose every case. He won most of those based on merit, not process. Trump and the GOP prevailed in 18 out of 25 of them.

        This question was raised and discussed before. One case of a Trump/GOP win was provided, but ATS ran away. This repetition of a foolish statement makes you ignorant and a liar, whether you are Bug, ATS, or Svelaz. Strangely, the commenter mentioned “but one”. He would remember the case I provided for him. That means likely this is ATS repeating himself, deceiving, and lying again.

        If you want a second case, ask, and I will provide it, but let me know which one you already saw so I don’t repeat it.

        1. Like Pelosi, the goal is to keep the narrative alive.

          That is the goal of ATS, pushing a phony narrative through the repetitive telling of lies.

        2. S Meyer, which ones did he win? Show us.

          I said every case EXCEPT one. Are you referring to that one case he won?

          Can you provide a second case where tumps fraud claims were proven true? Pretty please s Meyer?

          1. Thank you Svelaz for admitting that you posted under an anonymous alias. You don’t always use Svelaz, so don’t deny it in the future. Estovir had a lot to say about you. You are a colorful guy but your color coordination are like the colors on a poisons snake.

            If you provide me the case I previously mentioned I can select a different one for you. Will that alter your lies? No, because you are a purveyor of lies and ignorance. Here is a second one that favored Trump.

            https://healthyelections-case-tracker.stanford.edu/detail?id=337

            Unfortunately you will continue to be the fool and lie no matter how many cases I bring to your attention. Keep on lying for it shows the ignorance and lies of leftists and how they do not get embarrassed. Those without firm impressions learn this from you. John Say and a number of others have made mince meat out of you. They provide the true facts.

            Thank you for making all three prominent leftist anonymous’s look even dumber.

          2. Svelaz.
            Trump is the most investigated and litigated against person alive.

            He is not in jail. He is still a billionaire, He is still the leading presidential candidate for 2024.

            All that against unbeleivable power, and unbelelivable odds, and a legal system that is politicized, corrupt and out to get him.

            Imagine the story of Christ – except that after being whipped, beaten, tried before the Sanhedrin, Herod, and Pilot, and crucified,
            not only did Christ refuse to die, but went on to become emperor.

            If that is your idea of losing – “Please Sir Can I have more ?”.

      3. I had written a specific rebuttal about the Trump “lost” fallacy and gave sources and proof…only to have my reply CANCELLED. Same with QUORA…if the Author does not agree with another opinion or statement, it can be OMITTED at will…and when things get too on point against the Author, same thing happens. I’ll leave it at that.

  17. Oh little Bobbie. I have known the pungent snot for a great many years and can honestly tell you most of his storm and drank germinates from his stature or lack there of. Ignore the pissant.

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