Summary of "The MeidasTouch Podcast: Top Prosecutor has FINAL WORD on Trump DISQUALIFICATION"

Release Date: December 27, 2024

In this compelling episode of The MeidasTouch Podcast, hosts Ben Meiselas engage in an in-depth conversation with Glenn Kershner, a former top federal prosecutor and the host of Justice Matters. The discussion centers on the contentious issue of former President Donald Trump's potential disqualification from holding public office under Section 3 of the 14th Amendment. The dialogue delves into recent Supreme Court rulings, legislative challenges, and the broader implications for American democracy.

1. Introduction to the Issue

Ben kicks off the episode by addressing the recent Supreme Court decision regarding Trump's eligibility to appear on ballots, particularly focusing on a case in Colorado. He expresses skepticism about the Court's majority opinion, which posited that federal legislation is necessary to enforce disqualification under the 14th Amendment.

Notable Quote:

• Ben (00:59): “I want to really kind of flesh it out as well... I’ve seen a lot of videos that have gone into this issue.”

2. Supreme Court's Ruling and Its Implications

Glenn Kershner critiques the Supreme Court's decision, labeling it as uninformed and contrary to established appellate principles. He argues that the Court overstepped by deciding that federal legislation is required to implement the disqualification clause, a stance not explicitly stated in the 14th Amendment.

Notable Quotes:

• Glenn (03:27): “The Supreme Court got it wrong and uninformed.”
• Glenn (11:29): “Section 3 of the 14th Amendment doesn't say if you take an oath of allegiance... your name may not appear on a state primary ballot.”

Glenn emphasizes that the amendment clearly states that disqualification can only be removed by a two-thirds majority in Congress, not merely through state actions or simple legislative measures. He further criticizes the majority opinion as dicta—judicial musings not grounded in the case's facts or arguments presented.

3. Legislative Challenges and Partisan Divides

The conversation shifts to the practical challenges of implementing disqualification without new legislation. Ben highlights a proposition from The Hill urging Congress to block Trump from office, noting the significant bipartisan agreement required, which is unlikely given the current political landscape.

Notable Quotes:

• Ben (12:56): “Isn’t he just going to declare an additional mandate and another victory and it’s sure to lose simply because of the numbers in the House.”

Glenn responds by discussing the necessity of fighting the "good, righteous fight" despite slim chances of success, underscoring the importance of upholding constitutional principles even when outcomes seem unfavorable.

Notable Quote:

• Glenn (15:24): “There is no shame in taking a difficult but righteous case to trial and losing.”

4. The Role of the Supreme Court and Precedent

Ben and Glenn reflect on historical Supreme Court decisions, such as Plessy v. Ferguson and its eventual overturning by Brown v. Board of Education, illustrating how judicial precedents can persist for decades. They express frustration over the slow pace of legal change and the current Court's perceived deviation from constitutional text.

Notable Quotes:

• Glenn (21:11): “They ruled that the Constitution itself is unconstitutional.”
• Ben (23:20): “With Plessy and the precedent surrounding that, how many years, years did that take to be kind of overturned? 58.”

Glenn advocates for continued legal challenges and pushing for a reevaluation of the Court's stance, while Ben suggests utilizing media platforms to educate and mobilize public support as a means to counteract unfavorable judicial decisions.

5. Future Strategies and the Path Forward

Ben proposes focusing on areas within their control, such as Cabinet appointments, Supreme Court nominations, and public education on constitutional issues. He underscores the importance of leveraging their platforms to influence public opinion and support democratic principles.

Notable Quote:

• Ben (23:30): “We have our mics, our YouTube channels, our voice. And we have to create something here.”

Glenn concurs, emphasizing unity in the pro-democracy fight and the collective effort required to uphold the rule of law and the Constitution.

Notable Quote:

• Glenn (24:55): “We are all in this together. And that's the only way we're going to win.”

6. Conclusion and Call to Action

The episode concludes with mutual appreciation between Ben and Glenn for each other's efforts in promoting justice and democracy. They encourage listeners to stay informed, engaged, and united in the fight against unconstitutional rulings and actions that undermine democratic institutions.

Notable Quotes:

• Glenn (24:55): “Keep up the good fight the pro democracy fight, the pro rule of law, the pro constitution fight.”
• Ben (25:09): “Absolutely in it together. Hit subscribe. Let’s get to 4 million together.”

Ben also briefly touches on meta-platform changes affecting content visibility, urging listeners to follow their Instagram to stay updated.

Key Takeaways

1. Supreme Court Overreach: Glenn Kershner argues that the Supreme Court overstepped by requiring federal legislation to enforce disqualification under the 14th Amendment, a step not supported by the amendment's text.

2. Legislative Hurdles: The political divide makes it unlikely for Congress to achieve the necessary two-thirds majority to disqualify Trump, highlighting significant partisan challenges.

3. Judicial Precedent: Historical examples demonstrate the difficulty and time required to overturn Supreme Court decisions, emphasizing the need for persistent legal and public efforts.

4. Proactive Measures: Ben and Glenn advocate for utilizing media platforms to educate and mobilize the public, alongside pursuing legislative and judicial avenues to uphold constitutional integrity.

5. Unity in Democracy: The discussion underscores the importance of collective action and unwavering commitment to democratic values and the rule of law.

Final Thoughts

This episode of The MeidasTouch Podcast offers a thorough examination of the complex and contentious issue of presidential disqualification under the 14th Amendment. Through the expertise of Glenn Kershner and the insightful moderation by Ben Meiselas, listeners gain a deeper understanding of the legal, political, and social ramifications of the Supreme Court's recent ruling. The conversation serves as both a call to action and a reminder of the enduring struggle to preserve democratic principles in the face of legal and political challenges.