Maine Secretary of State Shenna Bellows’ recent decision to exclude former President Donald Trump from the state’s 2024 ballot has come under scrutiny, with legal experts questioning the unconventional evidence cited for the ruling.
In a report by Newsweek on Friday, December 29, 2023, Bellows invoked Section 3 of the 14th Amendment as the legal basis for her decision. This section, which prohibits individuals engaged in insurrection or rebellion against the United States from holding state or federal office, was applied in light of Trump’s alleged involvement in the January 6, 2021, Capitol riot.
The eight-hour hearing on December 15, marked by its unorthodox nature, featured attorney Benjamin Gaines presenting video evidence. Clips from Trump’s speeches and interviews were showcased, highlighting instances where he purportedly encouraged supporters to eject anti-Trump protesters from rallies across states, including Iowa and Nevada.
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Bellows acknowledged the unconventional approach but defended its necessity within the context of the case. The videos played a pivotal role, offering a visual representation of Trump’s alleged role in inciting actions that led to the Capitol riot.
However, critics, including former federal prosecutor Elie Honig, have raised concerns about the reliance on YouTube clips and news reports, questioning their admissibility in a traditional court setting.
Honig expressed skepticism about Bellows, emphasizing her unelected status as an official chosen by the state legislature rather than being democratically elected. He stated, “It’s a smartly written decision, clearly consulted with lawyers, but this is an unelected official.”
One particular critique focused on a video clip from a Trump rally in Las Vegas in February 2016, where Trump allegedly endorsed the removal of a protester with statements like, “They’d be carried out on a stretcher, folks” and expressing a desire to “punch him in the face.” Bellows excluded this clip from her decision, deeming it too distant from the events of January 6, 2021.
Despite the controversy surrounding the use of video evidence, legal experts anticipate the Supreme Court may intervene in the matter. Honig remarked, “I do think the Supreme Court is going to take this case. I think tonight’s ruling makes it even more likely.” The decision to exclude Trump from the 2024 ballot has thus opened a legal debate that could have broader implications.
