Justice Alito indicates that states could go after Biden for releasing funds to Iran if Colorado decision holds

"Could a state determine that that person has given aid and comfort to the enemy, and therefore keep that person off the ballot?"

Libby Emmons Brooklyn NY
Justice Samuel Alito questioned attorney Jason Murray, who was representing Colorado before the Supreme Court on Thursday to argue that Colorado has the right to strike Donald Trump from the presidential ballot in 2024. In so doing, Alito questioned what other actions a president could take that could be construed as insurrection and lead to that president's prosecution. 

"And suppose there's a country that proclaims again and again and again that the United States is its biggest enemy," Alito asked. "And suppose that the President of the United States, for diplomatic reasons, thinks that it's in the best interests of the United States to provide funds or release funds, that so that they can be used by that, by that country could a state determine that that person has given aid and comfort to the enemy, and therefore keep that person off the ballot?"

In October, Biden allowed $6 million of sanctioned funds to be returned to Iran, a nation that has nefarious motives with regard to the United States. Shortly thereafter, a massacre was carried out by Palestinian terrorists Hamas, and reports emerged that the attack was green-lit by Iran.

Murray said that no, this would not be a condition that could be categorized as insurrection. 

"No, your Honor," Murray said. "This Court has never interpreted the aid and comfort language which also is present in the treason clause. But commentators have suggested it's been rarely applied because treason prosecutions are so rare, but commentators have suggested that first of all, that aid and comfort really only applies in the context of a declared war, or at least an adversarial relationship where there is in fact a war between two countries. And second, the intent standard would do a lot of work there because under Section 3, whatever the underlying conduct is engaging in insurrection or aid and comfort has to be done with the intent to further the unlawful purpose of the insurrection or or to aid the enemies in their pursuit of war against the United States."
Sign in to comment


Powered by The Post Millennial CMS™ Comments

Join and support independent free thinkers!

We’re independent and can’t be cancelled. The establishment media is increasingly dedicated to divisive cancel culture, corporate wokeism, and political correctness, all while covering up corruption from the corridors of power. The need for fact-based journalism and thoughtful analysis has never been greater. When you support The Post Millennial, you support freedom of the press at a time when it's under direct attack. Join the ranks of independent, free thinkers by supporting us today for as little as $1.

Support The Post Millennial

Remind me next month

To find out what personal data we collect and how we use it, please visit our Privacy Policy

By signing up you agree to our Terms of Use and Privacy Policy
© 2024 The Post Millennial, Privacy Policy | Do Not Sell My Personal Information