Donald Trump quietly continues his legal fight against Maine's secretary of state

AUGUSTA, Maine (BDN) — The U.S. Supreme Court handed former President Donald Trump victory in early March by overturning the state's decisions to exclude him from the primary ballot, but he continues to quietly fight in court against the Maine Secretary of State.

The dispute revolves around whether Trump wants Secretary of State Shenna Bellows, a Democrat, to retract her entire initial Dec. 28 ruling that concluded he had engaged in an insurrection and thus violated the Section 3 of the 14th Amendment, rather than just part of it which responded to the high courts ruled that Congress, not the states, can apply this section to federal nominees.

That means Trump wants to clear his name, as he also faces ongoing criminal and civil cases, including a federal election interference charge related to his 2020 defeat and the Capitol riots ahead of his November rematch with President Joe Biden. Legal experts said Trump's fight in Maine appears to be more about politics than fears of future courts citing Bellows' decision.

Clearly, Trump would prefer not to have an administrative ruling that he engaged in an insurrection, said Rick Hasen, a law professor at UCLA. But it is difficult to see how such a decision could have any precedential value against him in another instance.

In December, the Colorado Supreme Court became the first court in the nation to disqualify Trump from the primary ballot by ruling that he had incited the violent riots on January 6, 2021 at the U.S. Capitol and violated Section 3 of the 14th Amendment , a post-Civil War text. clause.

A week later, Bellows came to the same conclusion. An Illinois judge also disqualified Trump in late February before the Supreme Court reinstated him in a unanimous March 4 opinion that only Congress can enforce Section 3 against presidential candidates.

The day before the March 5 presidential primaries in Maine and many other states, the U.S. Supreme Court overturned Colorado's decision. Bellows withdrew part of his ruling to clarify that Maine could not enforce the insurrection clause against a presidential candidate.

But Bellows did not retract his entire opinion that Trump incited the Jan. 6, 2021, riots at the U.S. Capitol and was an insurrectionist. In a complaint filed March 8 in a lower state court, the former president's lawyers wrote that Trump was harmed by the decision because it continues to inappropriately damage his reputation by characterizing him as an insurrectionist. .

The question of whether candidates are eligible under the insurrection clause of the 14th Amendment is likely to recur in future legal challenges, Trump's lawyers added.

Bellows responded to Trump's lawyers on March 8 by noting that the primary had passed and Trump's votes had been counted, rendering any objection to his decision moot. She added nothing in the remainder of her decision that contradicted the Supreme Court's ruling that states do not have the authority to enforce the Insurrection Clause against federal officers.

A Trump campaign spokesperson did not respond to requests for comment. Bellows spokeswoman Emily Cook said a court resolution is not expected anytime soon, as both sides will likely file briefs in late April or early May. Cook said Bellows otherwise followed the law and the Constitution in issuing and then changing his initial decision.

Donald Sherman, the lead attorney for Citizens for Responsibility and Ethics in Washington, a liberal watchdog group that supported Bellows' decision to disqualify Trump, said he understood why Trump preferred to rewrite history after the high court kept it on the ballot.

Sherman noted that even after winning the 2016 election, Trump formed a commission to investigate his unfounded accusations of widespread voter fraud in that election. He found no evidence to support Trump's claims.

The guy can't get the win, Sherman said.

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