A Colorado judge has rejected an attempt to remove former President Donald Trump from the state’s 2024 primary ballot based on the claim that he is constitutionally barred from office because of the January 6 insurrection.
Look, I don’t agree with her conclusion regarding whether Trump is an officer of the United States. But her argument rests on the specific phrase “Officer of the United States” and how that phrase is used in the Constitution. So in theory you can be the CEO of the executive branch but not an “officer of the United States”.
People who buy that argument point out that the Constitution says the President nominates “all officers of the United States”, logically implying the President is not one of them. It also discusses impeachment of the President, Vice president, and all officers of the United States, again implying they are different things. Again, I don’t like the argument but there it is.
The judge: “POTUS isn’t an officer of the United States”
Also the judge:
I sure hope questions of fact don’t get overturned on appeal as you say they rarely do, since that excerpt is from the Finding of Fact section of the court ruling.
Look, I don’t agree with her conclusion regarding whether Trump is an officer of the United States. But her argument rests on the specific phrase “Officer of the United States” and how that phrase is used in the Constitution. So in theory you can be the CEO of the executive branch but not an “officer of the United States”.
People who buy that argument point out that the Constitution says the President nominates “all officers of the United States”, logically implying the President is not one of them. It also discusses impeachment of the President, Vice president, and all officers of the United States, again implying they are different things. Again, I don’t like the argument but there it is.