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      Judge Denies Effort to Remove Trump From the Ballot in Washington State

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      A judge in Washington State said on Thursday that former President Donald J. Trump’s name could remain on the state’s primary ballot. The ruling was the latest in a series of battles nationwide over whether Mr. Trump’s efforts to overturn his 2020 election defeat make him ineligible to hold the presidency again.A group of voters had filed a legal challenge asking state officials in Washington to leave Mr. Trump off the Republican primary ballot. But Judge Mary Sue Wilson said that Washington’s secretary of state had acted “consistent with his duties” by including Mr. Trump.Formal challenges to Mr. Trump’s candidacy have been filed in at least 35 states, according to a New York Times review of court records and other documents. So far, he has been disqualified in only two states: Colorado, by an appeals court ruling, and Maine, by the secretary of state.The U.S. Supreme Court is scheduled to hear oral arguments in Mr. Trump’s appeal of the Colorado decision on Feb. 8. The case could determine his eligibility for the ballot nationally.Tracking Efforts to Remove Trump From the 2024 BallotSee which states have challenges seeking to bar Donald J. Trump from the presidential primary ballot.As in other states, the voters in Washington argued that Mr. Trump’s actions related to the Jan. 6 attack on the U.S. Capitol made him ineligible for office under the 14th Amendment. Steve Hobbs, the secretary of state and Washington’s top election official, has said he does not believe that he has the power to remove Mr. Trump from the primary ballot on his own.But Mr. Hobbs has said that court rulings could change his decision. A lawyer representing his office asked Judge Wilson on Thursday for a prompt ruling on the challenge to Mr. Trump’s eligibility, because ballots would be going out later this month to voters in the military and overseas.A lawyer representing the state Republican Party argued that the case brought by voters was flawed for technical reasons, and also because federal courts had not convicted Mr. Trump of any criminal conduct that would disqualify him.The issue could return after the primary, depending on Mr. Trump’s legal fortunes. Washington State law allows a voter to seek the removal of a candidate from the general election ballot if that candidate has been convicted of a felony, and Mr. Trump faces 91 felony charges as part of various criminal cases against him.In her ruling, Judge Wilson declined, for now, to rule on Mr. Trump’s eligibility for the general election in November.Lazaro Gamio More

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      The U.S. Lacks What Every Democracy Needs

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      The history of voting in the United States shows the high costs of living with an old Constitution, unevenly enforced by a reluctant Supreme Court.Unlike the constitutions of many other advanced democracies, the U.S. Constitution contains no affirmative right to vote. We have nothing like Section 3 of the Canadian Charter of Rights and Freedoms, providing that “every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein,” or like Article 38 of the Basic Law of the Federal Republic of Germany, which provides that when it comes to election of the Bundestag, “any person who has attained the age of 18 shall be entitled to vote.”As we enter yet another fraught election season, it’s easy to miss that many of the problems we have with voting and elections in the United States can be traced to this fundamental constitutional defect. Our problems are only going to get worse until we get constitutional change.The framers were skeptical of universal voting. The original U.S. Constitution provided for voting only for the House of Representatives, not for the Senate or the presidency, leaving voter qualifications for House elections to the states. Later amendments framed voting protections in the negative: If there’s going to be an election, a state may not discriminate on the basis of race (15th Amendment), gender (19th Amendment) or status as an 18-to-20-year old (26th Amendment).We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      A Potentially Huge Supreme Court Case Has a Hidden Conservative Backer

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      The case, to be argued by lawyers linked to the petrochemicals billionaire Charles Koch, could sharply curtail the government’s regulatory authority.The Supreme Court is set to hear arguments on Wednesday that, on paper, are about a group of commercial fishermen who oppose a government fee that they consider unreasonable. But the lawyers who have helped to propel their case to the nation’s highest court have a far more powerful backer: the petrochemicals billionaire Charles Koch.The case is one of the most consequential to come before the justices in years. A victory for the fishermen would do far more than push aside the monitoring fee, part of a system meant to prevent overfishing, that they objected to. It would very likely sharply limit the power of many federal agencies to regulate not only fisheries and the environment, but also health care, finance, telecommunications and other activities, legal experts say.“It might all sound very innocuous,” said Jody Freeman, founder and director of the Harvard Law School Environmental and Energy Law Program and a former Obama White House official. “But it’s connected to a much larger agenda, which is essentially to disable and dismantle federal regulation.”The lawyers who represent the New Jersey-based fishermen, are working pro bono and belong to a public-interest law firm, Cause of Action, that discloses no donors and reports having no employees. However, court records show that the lawyers work for Americans for Prosperity, a group funded by Mr. Koch, the chairman of Koch Industries and a champion of anti-regulatory causes.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Resistance to Trump Is Not Futile

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      The outcome of the 2016 presidential election was such a shocking event that for people of a certain cast of mind, Donald Trump is less a politician than a force of history.To this class of observer, Trump is something like the world spirit made flesh, where the “world spirit” is a global tide of reactionary populism. He may not have ushered in the furious effort to defend existing hierarchies of status and personhood, but he seems to represent its essential qualities, from the farcical incompetence that often undermines its grand intentions to the unrelenting, sometimes violent intensity that has sustained a forward march through failure back toward power.The upshot of this idea of Trump as a kind of incarnation is that resistance is futile. You can defeat him at the ballot box, you can put him at the mercy of the criminal-legal system, you can even disqualify him under the Constitution, but the spirit endures. Trump or not, goes the argument, we live in an age of grass-roots reaction. Trump is just an avatar. His followers — the forgotten, if not exactly silent, remnant of the nation’s old majority — will find another something.It is hard not to be at least a little persuaded by this assessment of the state of things, even more so if you’re inclined to the fatalism that pervades much of American life at this particular time.But let’s step back for a moment. Before we embrace this almost baroque conception of the former president, let’s take a full picture of the past eight years in American politics. Let’s grab a loupe and look at the details. What do we see? Not inexorable forces at work, but chance events and contingent choices.In other words, it is true that Trump was produced by (and took advantage of) a particular set of social forces within the Republican Party and outside it. It is true that those forces exist with or without Trump. But Trump, himself, was not inevitable.If Republican elites had coalesced around a single candidate in the early days of the 2016 presidential race, they might have derailed Trump before he had a chance to pick up steam. If Republicans had chosen, in the aftermath of the “Access Hollywood” videotape, to fully reject his presence in American politics, he might have flopped and floundered in the November election. If Hillary Clinton had won just a few more votes in a few more states — a combined 77,744 in Michigan, Pennsylvania and Wisconsin — Trump would have never won the White House.It’s not that the reactionary populism that fueled Trump’s campaign would have completely dissipated. But the character of its politics might have been very different without Trump in the nation’s highest office to lead and give shape to the movement. As it stands, he had that power and stature, and there is now a reason the most MAGA-minded Republican politicians — or those with aspirations to lead Trump’s Republican Party — work tirelessly to mimic and recapitulate the former president’s cruelty, corruption and contempt for constitutional government.We saw this with Gov. Ron DeSantis of Florida, who went so far as to mimic Trump’s movements and posture, and we’re seeing it with Representative Elise Stefanik, an eager and unapologetic demagogue last seen, in a recent interview, defending Jan. 6 insurrectionists and refusing to commit to certifying a Trump election loss.If nothing else, it is difficult to imagine another Republican politician who would have inspired the same cult of personality as the one that has enveloped Trump during his years on the national stage. It’s no accident that to ensure loyalty or force compliance, followers of the former president have resorted to intimidation and death threats.If Trump is in a dynamic relationship with the social forces that produced him — if he is both product and producer — then it stands to reason that his absence from the scene, even now, would have some effect on the way those forces express themselves.Trump still leads the field for the Republican presidential nomination. But imagine if he loses. Imagine that he is, somehow, rejected by a majority of Republican voters. Does the character of American-style reactionary populism remain the same, or does it — along with the politicians who wield it — adjust to fit the new political environment? Will the next crop of Republican politicians have the force of personality to mold their supporters into a weapon to use against the constitutional order, or will they — with Trump’s persistent failure in mind — accept the basics of democratic society?One of the arguments against the effort to disqualify Trump from the presidency under Section 3 of the 14th Amendment is that it won’t save American democracy to remove him from the ballot. That’s true enough — the problems with American democracy run deeper than one man — but it’s also beside the point.If the character of a political movement is forged through contingency — the circumstances of its birth, the context of its growth, the personalities of its leadership — then it matters who sits at the top.The point, then, is that it would be better to face the challenges to American democracy without a constitutional arsonist at the helm of one of our two major political parties. A world in which Trump cannot hold office is not necessarily a normal one, but it is one where the danger is a little less acute.Trump, of course, will not be removed from the ballot. No Supreme Court, and certainly not ours, would allow this effort to get that far. The only way to move past Trump will be, once again, to beat him at the ballot box.Nonetheless, it is still worth the effort to say what is true: that our constitutional system, however flawed, is worth defending; that Trump is a clear and present threat to that system; and that we should use every legitimate tool at our disposal to keep him away from — and out of — power.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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      The Election No One Seems to Want Is Coming Right at Us

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      Gail Collins: Hey, Bret, it really is 2024 now. Happy new year. And the race is on! Next week, the Iowa caucuses. After Iowa …Bret Stephens: Le déluge.Gail: OK, I want to hear your thoughts. Any chance Donald Trump won’t be the Republican nominee? Do you have a Nikki Haley scenario?Bret: Gail, my feelings about the G.O.P. primary contest are like Elisabeth Kübler-Ross’s five stages of grief. After the 2022 midterms, when Trump’s favored candidates were more or less trounced and he looked like a total loser, I was in complete denial that he could win. Then, as his standing in the party failed to evaporate as I had predicted, I was angry: “Lock him up,” I wrote. Next came bargaining: I said he might be stopped if only Ron DeSantis, Chris Christie and every other Republican dropped out of the race to endorse Haley.Gail: Stage four?Bret: Now I’m just depressed. After he takes back the White House in November, I guess acceptance will have to follow. Is there a stage six? Does eternal damnation come next?Gail: I don’t accept acceptance! Come on: I know Joe Biden isn’t the most electric candidate in history. We’re all obsessed with his age. But he isn’t under multitudinous indictments, charged with trying to overthrow the democratic process or in a stupendous personal financial collapse.We may wind up going through this every week for the next 10 months, but I’m sticking with my Biden re-election prediction.Bret: Saying Biden can win is like playing Russian roulette with three bullets in the revolver instead of the traditional one. You might be right. Or we end up like Christopher Walken at the end of “The Deer Hunter.”Gail: Ewww.Bret: It isn’t just that Trump is running ahead of Biden now in the overall race, according to RealClearPolitics’ average of polls. It’s that he’s running ahead of him in the states that matter: Georgia, Arizona, Michigan, North Carolina, Wisconsin. I don’t quite understand all of these Democrats who say Trump is an existential threat to decency, democracy and maybe life on the planet and then insist they’re sticking with Biden instead of another candidate. It’s like refusing to seek better medical care for a desperately sick child because the family doctor is a nice old man whose feelings might get hurt if you left his practice.At a minimum, can we please replace Kamala Harris on the ticket with someone more, er, confidence-inspiring? Gretchen Whitmer, the governor of Michigan? Or Wes Moore, the governor of Maryland? Come on, why not?Gail: Real-world answer is that Harris hasn’t done anything wrong. You don’t dump a hard-working, loyal veep who also happens to be a woman and a minority just because you think there might be somebody better out there somewhere.Bret: Saying Harris hasn’t done anything wrong leaves out two more salient questions: What has she done well? And does she add to or detract from the ticket’s electability?Gail: Let’s go back to Biden. We all know the problems. But he’s done a good job. The economic recovery is going well. And did you hear his speech on Friday? I know he’s not a great orator, but he made it clear that he’s going to campaign against Trump very, very, very hard.Bret: Well, let’s hope it doesn’t kill him. In the meantime, your thoughts about Trump potentially being disqualified from running in Maine and Colorado?Gail: While I love the idea of his role in Jan. 6 making him an insurrectionist who’s constitutionally not permitted to run for president, I have to admit the whole thing makes me very nervous.You don’t take care of the Trump problem by evicting him from the ballot. He has to be defeated or it’ll be a rallying cry for his many crazy supporters that could split the country in two.Am I being too much of a downer here?Bret: Couldn’t agree with you more. The decisions are wrong, pernicious, misjudged, arrogant and guaranteed to backfire.Gail: Great string of adjectives there. Go on.Bret: If Eugene Debs could run for president in 1920 from prison after he was convicted of sedition, why shouldn’t Trump be able to run for president without having been convicted of anything? If Trump can be kicked off the ballot in blue states on account of a highly debatable finding of “insurrection,” then what’s to stop red state judges or other officials kicking Biden off on their own flimsy findings? And on what basis can liberals continue to argue that Trump or Republicans represent a threat to democracy when they are the ones engaged in an attempt to deny tens of millions of voters their choice for president?Gail: Speaking for liberals, I agree. But I also commend Biden for trying to make Trump’s outrageous, dangerous behavior on Jan. 6 a campaign issue.Bret: The Supreme Court should overturn the Colorado court, swiftly and unanimously, and let voters choose the next president. Maybe at Harvard, too, while we’re at it.Gail: Hmm, do I detect an issue that’s really on your mind? Have to admit Claudine Gay’s problems at Harvard haven’t been at the top of my obsession list. But are you ready to rant?Bret: Yes, particularly about a tweet that The Associated Press sent out the other day that seems to capture a particular kind of inanity. It read: “Harvard president’s resignation highlights new conservative weapon against colleges: plagiarism.” Maybe this “weapon” wouldn’t have been so injurious to Gay if she hadn’t violated a cardinal academic rule more than three dozen times or been at the top of an institution that is supposed to uphold strict intellectual integrity.I also think the episode is a good opportunity for universities to try to rethink what their core mission ought to be. For starters, they should reread the University of Chicago’s 1967 Kalven Report and get out of the business of making political statements of any kind. They should foster more intellectual diversity in their faculties and student bodies. And they need to downsize and restrain their administrative side, particularly the thought police in their Diversity, Equity and Inclusion office.Gail: Let me pick out a sliver of agreement here. This country has long had a crippling system of higher education in which kids could get very expensive loans very easily. Sometimes from smarmy private lenders who needed to be shut down and sometimes well-intentioned government-backed ones. But either way, ambitious young people were encouraged to borrow tons of money, and then left with hopeless piles of debt.And all that cash flowing in allowed universities to grow way too much, particularly in areas like administration.Bret: If we keep agreeing this much, the world might end.Gail: University heads have a lot of roles. Representing inclusivity is a worthy one. We’re moving into an era when schools can no longer consider race as its own factor in admissions. But they have to keep finding ways to make sure their student bodies aren’t totally dominated by well-heeled white kids. One strategy is having high-profile administrators and professors who represent a good mix of race, background, special interests, etc.Bret: Sure.Gail: Claudine Gay was an attractive choice on that front. Her performance at that hearing on antisemitism was a disaster, I think in part because she was used to appearing in very different contexts, and didn’t expect her generalizations about inclusivity to be so sharply attacked. Her mistake.Bret: Part of the problem here is that diversity, equity and inclusion went from being a set of worthy aspirations to a bureaucratic and self-serving apparatus with a highly ideological, polarizing and often exclusionary concept of its own mission.Gail: Think you’re leaving me behind here. But go on.Bret: Another part of the problem is that, while diversity is a fine goal, it needs to be in service to the university’s central mission of intellectual challenge and excellence, not at cross-purposes with it. My biggest problem with Gay wasn’t her plagiarism or even her disastrous testimony to Congress. It was her thin academic record: 11 published papers and not a single book in 26 years. I hope her successor is a model of scholarship, irrespective of race or gender.But getting back to politics, Gail, give me your advice on how Biden should run his campaign.Gail: Did you hear his Jan. 6 speech, the one I mentioned earlier? I thought it was pretty good. Best way for him to get past the age issue is to be feisty, take Trump head on. Make the Donald mad — because when he gets mad, he tends to sound more demented than Biden at his worst.Bret: The “Give ’Em Hell, Harry” approach. I like it.Gail: Our president should remind the country of all the good stuff that’s happened under his administration. Including the large economic improvement. And the country’s struggle against that huge jump in the national debt created by Trump’s tax breaks for the rich.Bret: Biden needs an ad campaign in the spirit of Ronald Reagan’s “There Is a Bear in the Woods.” In one ad, people would constantly wake up to a jackhammer, a chain saw or a car alarm, to remind them of what it was like to wake up to whatever Trump had tweeted at 2 in the morning. In another, parents have to deal with a petulant and boastful 12-year-old boy who’s constantly lying to them. A third would just be footage of Trump lavishing praise on Vladimir Putin and Xi Jinping and Kim Jong Un, not to mention Hezbollah.At the end of each ad, a voice that sounds like Tommy Lee Jones’s would ask the question: “Some people want four more years of this — do you?”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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      Supreme Court to Decide Whether Trump Is Eligible for Colorado Ballot

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      The Colorado Supreme Court ruled last month that the former president could not appear on the state’s Republican primary ballot because he had engaged in insurrection.The Supreme Court agreed on Friday to decide whether former President Donald J. Trump is eligible for Colorado’s Republican primary ballot, thrusting the justices into a pivotal role that could alter the course of this year’s presidential election.The sweep of the court’s ruling is likely to be broad. It will probably resolve not only whether Mr. Trump may appear on the Colorado primary ballot after the state’s top court declared that he had engaged in insurrection in his efforts to subvert the 2020 election, but it will most likely also determine his eligibility to run in the general election and to hold office at all.Not since Bush v. Gore, the 2000 decision that handed the presidency to George W. Bush, has the Supreme Court taken such a central role in an election for the nation’s highest office.The case will be argued on Feb. 8, and the court will probably decide it quickly. The Colorado Republican Party had urged the justices to rule by March 5, when many states, including Colorado, hold primaries.The number of challenges to Mr. Trump’s eligibility across the country can only have added pressure on the court to hear the Colorado case, as they underscored the need for a nationwide resolution of the question.The case is one of several involving or affecting Mr. Trump on the court’s docket or on the horizon. An appeals court will hear arguments on Tuesday on whether he has absolute immunity from prosecution, and the losing side is all but certain to appeal. And the court has already said that it will rule on the scope of a central charge in the federal election-interference case in a decision expected by June.Mr. Trump asked the Supreme Court to intervene after Colorado’s top court disqualified him from the ballot last month. That decision is on hold while the justices consider the matter.Jena Griswold, Colorado’s secretary of state, pressed the Supreme Court to act fast.“Coloradans, and the American people, deserve clarity on whether someone who engaged in insurrection may run for the country’s highest office,” she said in a statement.Mr. Trump acknowledged the court’s decision to hear the case at a rally Friday in Sioux Center, Iowa, saying he hoped the justices would fairly interpret the law. “All I want is fair; I fought really hard to get three very, very good people in,” he said, referring to his appointees. He added, “And I just hope that they’re going to be fair because, you know, the other side plays the ref.”The case turns on the meaning of Section 3 of the 14th Amendment, ratified after the Civil War, which bars those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”Congress can remove the prohibition, the provision says, but only by a two-thirds vote in each chamber.Though Section 3 addressed the aftermath of the Civil War, it was written in general terms and, most scholars say, continues to have force. More

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      Three Years After Jan. 6, Trump’s Immunity Claims to Take Center Stage

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      An appeals court will hear arguments on Tuesday over the former president’s attempt to shut down the federal election case. Much is riding on how — and how quickly — the issue is decided.Three years after a mob of his supporters stormed the Capitol, former President Donald J. Trump will make his latest and potentially most consequential argument in the coming week for why he should not be held responsible for seeking to overturn the 2020 election.Impeachment proceedings, the House Jan. 6 committee’s inquiry and two separate criminal investigations have established a comprehensive set of facts about Mr. Trump’s deep involvement in overlapping efforts to remain in office despite having been defeated at the polls.But when — or even whether — he will ultimately face a trial on charges related to those efforts remains unclear. One of the most decisive factors in getting an answer to those questions will be the success or failure of the arguments his legal team plans to make on Tuesday in a federal appeals court in Washington.Mr. Trump’s lawyers are banking on a long shot, hoping to convince a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that the Constitution affords him complete immunity from actions he undertook as president. The assertion, while untested in the courts, has the advantage to the former president of chewing up time in the service of his strategy of trying to delay any trial until after Election Day.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      If Trump Is Not an Insurrectionist, What Is He?

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      Last month the states of Colorado and Maine moved to disqualify Donald Trump as a candidate in the 2024 presidential election, citing Section 3 of the 14th Amendment. In response, Trump has asked the Supreme Court to intervene on his behalf in the Colorado case and he has appealed Maine’s decision.There is a real question of whether this attempt to protect American democracy — by removing a would-be authoritarian from the ballot — is itself a threat to American democracy. Will proponents and supporters of the 14th Amendment option effectively destroy the village in order to save it?It may seem obvious, but we should remember that Trump is not an ordinary political figure. And try as some commentators might, there is no amount of smoke one could create — through strained counterfactuals, dire warnings of a slippery slope or outright dismissal of the events that make the Trump of 2024 a figure very different from the Trump of 2020 — that can obscure or occlude this basic fact.In 2020, President Trump went to the voting public of the United States and asked for another four years in office. By 51 percent to 47 percent, the voting public of the United States said no. More important, Trump lost the Electoral College, 306 to 232, meaning there were enough of those voters in just the right states to deny him a second term.The people decided. And Trump said, in so many words, that he didn’t care. What followed, according to the final report of the House Select Committee on Jan. 6, was an effort to overturn the results of the election.Trump, the committee wrote, “unlawfully pressured state officials and legislators to change the results of the election in their states.” He “oversaw an effort to obtain and transmit false electoral certificates to Congress and the National Archives.” He “summoned tens of thousands of supporters to Washington for Jan. 6,” the day Congress was slated to certify the election results, and “instructed them to march to the Capitol” so that they could “‘take back’ their country.’” He even sent a message on Twitter attacking his vice president, Mike Pence, knowing full well that “a violent attack on the Capitol was underway.”In the face of this violence, Trump “refused repeated requests over a multiple hour period that he instruct his violent supporters to disperse and leave the Capitol, and instead watched the violent attack unfold on television.” He did not deploy the National Guard, nor did he “instruct any federal law enforcement agency to assist.”Trump sought and actively tried to subvert constitutional government and overturn the results of the presidential election. And what he could not do through the arcane rules and procedures of the Electoral College, he tried to do through the threat of brute force, carried out by an actual mob.Looked at this way, the case for disqualifying Trump through the 14th Amendment is straightforward. Section 3 states that “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … 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.”As the legal scholar Mark A. Graber writes in an amicus brief submitted to the Colorado Supreme Court, “American jurists understood an insurrection against the United States to be an attempt by two or more persons for public reasons to obstruct by force or intimidation the implementation of federal law.” There was also a legal consensus at the time of the amendment’s drafting and ratification that an individual “engaged in insurrection whenever they knowingly incited, assisted or otherwise participated in an insurrection.”We also know that the framers of the 14th Amendment did not aim or intend to exclude the president of the United States from its terms. In 1870, the Republican-controlled Senate refused to seat Zebulon Vance, the former Confederate governor of North Carolina. It strains credulity to think that the same Republicans would have sat silent if the Democratic Party had, in 1872, nominated a former Confederate leader for the presidency.Under a plain reading of Section 3 — and given the evidence uncovered by the Jan. 6 committee — Trump cannot stand for the presidency of the United States or any other federal office, for that matter.The real issue with disqualifying Trump is less constitutional than political. Disqualification, goes the argument, would bring American democracy to the breaking point.In this line of thinking, to deny Americans their choice of presidential candidate would destroy any remaining confidence in the American political system. It would also invite Trump’s allies in the Republican Party to do the same to Democrats, weaponizing Section 3 and disqualifying candidates for any number of reasons. Disqualification would also give far more power to the courts, when the only appropriate venue for the question of Trump is the voting booth.But these objections rest on a poor foundation. They treat Trump as an ordinary candidate and Jan. 6 as a variation on ordinary politics. But as the House select committee established, Jan. 6 and the events leading up to it were nothing of the sort. And while many Americans still contest the meaning of the attack on the Capitol, many Americans also contested, in the wake of the Civil War, the meaning of secession and rebellion. That those Americans viewed Confederate military and political leaders as heroes did not somehow delegitimize the Republican effort to keep them, as much as possible, out of formal political life.What unites Trump with the former secessionists under the disqualification clause is that like them, he refused to listen to the voice of the voting public. He rejected the bedrock principle of democratic life, the peaceful transfer of power.The unspoken assumption behind the idea that Trump should be allowed on the ballot and that the public should have the chance to choose for or against him yet again is that he will respect the voice of the electorate. But we know this isn’t true. It wasn’t true after the 2016 presidential election — when, after winning the Electoral College, he sought to delegitimize the popular vote victory of his opponent as fraud — and it was put into stark relief after the 2020 presidential election.Trump is not simply a candidate who does not believe in the norms, values and institutions we call American democracy — although that is troubling enough. Trump is all that and a former president who used the power of his office to try to overturn constitutional government in the United States.Is it antidemocratic to disqualify Trump for office and deny him a place on the ballot? Does it violate the spirit of democratic life to deny voters the choice of a onetime officeholder who tried, under threat of violence, to deny them their right to choose? Does it threaten the constitutional order to use the clear text of the Constitution to hold a former constitutional officer accountable for his efforts to overturn that order?The answer is no, of course not. There is no rule that says democracies must give endless and unlimited grace to those who used the public trust to conspire, for all the world to see, against them. Voters are free to choose a Republican candidate for president; they are free to choose a Republican with Trump’s politics. But if we take the Constitution seriously, then Trump, by dint of his own actions, should be off the board.Not that he will be. The best odds are that the Supreme Court of the United States will punt the issue of Section 3 in a way that allows Trump to run on every ballot in every state. And while it will be tempting to attribute this outcome to the ideological composition of the court — as well as the fact that Trump appointed three of its nine members — I think it will, if it happens, have as much to do with the zone of exception that exists around the former president.If Trump has a political superpower, it’s that other people believe he has political superpowers. They believe that any effort to hold him accountable will backfire. They believe that he will always ride a wave of backlash to victory. They believe that challenging him on anything other than his terms will leave him stronger than ever.Most of this is false. But to the extent that it is true, it has less to do with the missed shots — to borrow an aphorism from professional sports — than it does with the ones not taken in the first place.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More