Lawfare will not defeat Trump

Neither Donald Trump nor Joe Biden should get another term in the White House, for a range of good reasons. But using lawfare, as the Colorado Supreme Court has done in a 4-3 decision to prohibit Mr Trump’s name appearing on next year’s Republican primary ballot, is a mistake. It undermines US democracy and the fundamental right of voters to choose who they want as president.

The basis of the decision is questionable. It is that Mr Trump “engaged in insurrection on January 6, 2021” when his supporters wreaked havoc at the Capitol, demanding his loss in the 2020 election be overturned.

Section 3 of the US constitution’s 14th Amendment bars a person who has engaged in “insurrection” from serving as president. Whether he is such a person, however, is murky. Among the plethora of indictments Mr Trump is facing, none charges him with insurrection. Nor has he been convicted of the offence. The US Justice Department’s special counsel, Jack Smith, has brought an aggressive case against the former president, charging him with conspiracy to defraud the US, obstructing an official proceeding, and more – but said nothing about indicting him on charges of insurrection. As The Wall Street Journal commented: “Does anyone think Jack Smith would have refrained from charging that crime (insurrection) if he believed he could prove it in court?” With courts in other states – including the swing state of Michigan – reportedly poised to follow Colorado’s lead, it is vital the US Supreme Court acts swiftly.

Disgraceful as the January 6, 2021 attack on the US Capitol was, lawfare is not the way to deal with Mr Trump. His opponents have still not learned that when they fight him at the polling booth, they have won every time since they lost with Hillary Clinton in 2016. But when they use lawfare, impeachment or phony collusion claims, they make him stronger. The various indictments he is currently facing have only boosted him in the polls. The US deserves better than a choice between Mr Trump and Mr Biden. But the matter is up to US voters to decide.