Former United States Assistant Attorney General Jeff Clark argued that Donald Trump could not be guilty of an insurrection because his efforts to stay in office ultimately failed.
During a Thursday interview with right-wing podcaster Steve Bannon, Clark disagreed with a Colorado Supreme Court decision that bars Trump from the state's primary ballot based on Section 3 of the 14th Amendment.
Clark said the 14th Amendment did not apply to Trump because the president and vice president were not explicitly named in the text.
"MSNBC, CNN, they try to portray it as some kind of technicality," he scoffed. "And the trial judge was willing to obey it, but not four out of the seven justices of the Colorado Supreme Court."
"Their next argument is that, you know, they conclude President Trump committed an insurrection," he continued, noting "dozens and dozens" of pages backing up the court's ruling.
But Clark, who was one of 18 co-defendants charged alongside Trump in the Fulton County racketeering case, insisted that Trump did not meet the qualifications for an insurrectionist.
"But whether someone engaged in an insurrection requires scienter, which is the fancy legal term for the intent, you need to have the intent to try to overthrow the government," Clark opined. "And it's ridiculous to say that President Trump had that intent, because he specifically said — first of all, he left office on time, right?"
"But second, he told people to march peacefully and patriotically down to the Capitol, let their voices be heard," he added. "And so it's ludicrous to imagine that he could ever be found guilty of insurrection, which is why Jack Smith didn't charge him with it."
