A former federal prosecutor criticized Maine Secretary of State Shenna Bellows' decision to bar former President Donald Trump from the ballot on Thursday, arguing that Bellows based her ruling on "YouTube clips" and other "things that would never pass the bar in normal court."
Maine became the second state after Colorado to bar Trump from its 2024 ballot over his role in the January 6, 2021, riot at the U.S. Capitol, citing Section 3 of the 14th Amendment. The section states that no one who has engaged in an insurrection against the United States can hold state or federal office.
At a December 15 hearing, a plaintiff's attorney played video clips showing Trump encouraging his supporters to remove anti-Trump protesters from his rallies in Iowa, Nevada, and other states.
One clip shows him at a rally in Las Vegas in February 2016, where a protester interrupted him: "You know what they used to do to a guy like that in a place like this?" Trump said. "They'd be carried out on a stretcher, folks."
Trump also said that he wanted to "punch him in the face."
In Thursday's ruling, Bellows agreed with Trump's lawyers that the clips were too remote from January 6, 2021, but allowed other clips from the Capitol riot and Trump's reaction to it.
Former assistant U.S. Attorney Elie Honig told CNN's John Berman that the evidence would never be allowed in a "normal court."
Honing said that Bellows "based her ruling on a lot of documents, but also YouTube clips, news reports, things that would never pass the bar in normal court. She's not a lawyer, by the way. It's a smartly written decision, clearly consulted with lawyers, but this is an unelected—she's chosen by the state legislature. Chosen, elected by the legislature, but not democratically elected."
Later in the segment, Honig said, "I do think the Supreme Court is going to take this case. I think tonight's ruling makes it even more likely."
Newsweek reached out to Trump's attorney, John Lauro, and Bellows via email for comment.
The eight-hour hearing on December 15 was held at the State House and presided over by Bellows, who agreed it was "an unorthodox hearing."
Benjamin Gaines, an attorney representing the Maine plaintiffs, showed several videos of speeches and interviews given by Trump and clips of the events of January 6.
In one clip from November 2015, Trump was interrupted by a protester during a speech in Worchester, Massachusetts.
"You know it's amazing; I mentioned food stamps, and that guy who's seriously overweight went crazy—Amazing. Amazing," Trump told the audience. "That's an amazing sight."
Asked by Bellows about the clips' relevance, Gaines said the clips "show a pattern of behavior by President Trump where he encouraged or applauded violent behavior by his supporters."
Her December 28 ruling said that the clip was too far removed from the events of January 6 to be included in her decision.
Lawsuits seeking to remove Trump, the current frontrunner for the 2024 Republican nomination, from the ballot using the 14th Amendment argument have been filed in 14 other states. Suits in five states, including swing states like Florida and Michigan, have already been dismissed.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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