Hunter Biden pardon raises new questions over 5th Amendment ‘loophole’
On Thursday, April 1, 2021, the Maine Secretary of State’s office released a decision to remove former President Donald J. Trump from the 2024 primary ballot in the state of Maine. The decision cites Trump’s implication in the insurrection at the U.S. Capitol in January 2021 as grounds for his removal. The State cited Section 10 of the Maine Election Law, which allows for the removal of candidates in cases where the candidate “has been proven to have had any part in any crime or misdemeanor for the punishment of which he shall have been adjudged guilty, either in de facto or in law.”
In the decision, the Secretary of State noted the part Trump’s “statements and actions” played in inciting the insurrection, as noted in a House of Representatives impeachment article. The State further noted that Trump’s actions “cannot be condoned,” and to allow his name to remain on the ballot would “provide a measure of approval for an attempt to subvert the peaceful transition of power and impede the Constitutionally-mandated counting of the Electoral College votes to certify the outcome of the November 2020 election.”
The Secretary of State also noted that while the State can only remove Trump from the Maine ballot, the national Republican Party is free to do as it sees fit with regards to its recognition and endorsement of Trump for the 2024 presidential election. As such, the decision to remove Trump from the Maine ballot does not also bar or affect his eligibility to participate in other state ballots, or run as a write-in candidate.
