Fight Emerges Within New Hampshire GOP Over Whether Trump Is Disqualified From Seeking Office Again

‘It’s important to all of the voters of New Hampshire that this issue gets to the Supreme Court as quickly as possible,’ attorney Bryant Messner says. ‘Right now in New Hampshire there’s really not a dispute.’

AP/Butch Dill
President Trump after speaking at a fundraiser event for the Alabama GOP, August 4, 2023, at Montgomery. AP/Butch Dill

A conflict is brewing within the New Hampshire Republican Party over whether to attempt to disqualify President Trump from running for president in the state, which would prevent Mr. Trump from appearing on ballots there.

An attorney and one-time Senate candidate at New Hampshire, Bryant “Corky” Messner, met with the Republican secretary of state there, David Scanlan, on Friday to discuss potentially pursuing a case to disqualify Mr. Trump under Section 3 of the 14th Amendment.

Mr. Messner tells The New York Sun that he was convinced to take action after reviewing a law review article by conservative attorneys at the University of Chicago and the University of St. Thomas, William Baude and Michael Stokes Paulsen.

In the article, the authors argue that the 14th Amendment can and should be “enforced by every official, state or federal, who judges qualification” and that this argument led to him asking for a meeting with Mr. Scanlan.

Mr. Messner, who was endorsed by Mr. Trump in his bid for the U.S. Senate in 2020, asked Mr. Scanlan to consider whether Mr. Trump is eligible to run for president under the 14th Amendment.

“It’s important to all of the voters of New Hampshire that this issue gets to the Supreme Court as quickly as possible,” Mr. Messner says. “Issue one is that you have to get this into court and right now … right now in New Hampshire there’s really not a dispute.”

The 14th Amendment disqualifies anyone from holding office who has previously taken an oath of office and has “engaged in insurrection or rebellion against” America or “given aid or comfort to the enemies thereof.”

In an interview with NH Today, Mr. Scanlan said that he is considering Mr. Messner’s concern and that Mr. Messner is not the only resident to have raised such a concern.

“I have some in-house staff attorneys that are election experts,” Mr. Scanlan told NH Today. “I will be asking the attorney general’s office for their input. And ultimately whatever is decided is probably going to require some judicial input.”

Although election officials at New Hampshire do not need special permission to deny a candidate ballot access, such a decision would almost certainly trigger a legal battle over the issue.

Mr. Scanlan’s office did not immediately reply to a request for comment.

In response, the New Hampshire Republican Party chairman, Chris Ager, said in a statement, “Efforts to deny New Hampshire Republican Primary voters a full slate of options are antithetical to our Live Free or Die spirit,” adding that the state party will attempt to fight efforts to disqualify Mr. Trump.

“I have confidence in our secretary of state and attorney general to make the right decisions,” Mr. Ager said. “Let voters decide the nominee, not a weaponized federal justice system using tortured logic.”

In Mr. Messner’s opinion, the issue of whether Mr. Trump is disqualified under the 14th Amendment can only be properly decided by the Supreme Court. He said he thought there was a possibility the court could rule either way.

“I think Trump and his team ought to want to get it in front of the Supreme Court as quickly as possible,” Mr. Messner said. “Given the situation and given the fact that the Supreme Court has never really opined on this issue, they would really want to decide it.”

A case filed in order to disqualify Mr. Trump at New Hampshire would not be the first of its sort, and it would likely not be the last. On Thursday, a Florida attorney, Lawrence Caplan, filed a complaint in the federal court at the Southern District of Florida seeking to disqualify Mr. Trump.

“The bottom line here is that President Trump both engaged in an insurrection and also gave aid and comfort to other individuals who were engaging in such actions, within the clear meaning of those terms as defined in Section Three of the 14th Amendment,” Mr. Caplan wrote in the filing.

Mr. Trump’s campaign denied Mr. Caplan’s claims and has maintained that Mr. Trump is not disqualified under the 14th Amendment.

While much of the party has dismissed the issue of Mr. Trump being disqualified under the 14th Amendment, Mr. Messner said that he urges other conservative Republicans to consider the issue seriously.

“When I decided to get involved in this I fully expected to get attacked,” Mr. Messner said. “The big surprise to me is conservative Republicans who entirely want to ignore the Constitution as it relates to Trump.”


The New York Sun

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