The Biden administration won’t be weighing in when the U.S. Supreme Court considers if Donald Trump is eligible to run for president, Politico reported.
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From Politico: “Although the Justice Department is supposed to represent the institutional interests of the U.S. government and not the political interests of the sitting president, any position the agency takes on Trump’s eligibility could trigger blowback if it’s perceived as trying to help Biden’s reelection campaign.”
Speaking to Politico, UCLA law professor Rick Hasen said: “Even if it is the most cautious, careful, lawyerly argument, having the administration of a sitting president weigh in on whether his opponent is eligible to serve strikes me as a bit too delicate and would be seen as political posturing, even if just meant to help the court.”
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But there str also risks in staying silent. As Politico’s report points out, the U.S. Supreme Court’s eventual decision could have implications far beyond Trump. “It could affect how numerous federal officers are covered under unrelated legal provisions, and it could even implicate other portions of the 14th Amendment that protect civil rights,” the report stated.
In a post to X, former Robert Mueller prosecutor Andrew Weissmann said the Biden administration’s silence was a “smart move.”
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“This is not a political issue, but a legal one,” Weissmann wrote. “And whichever way the Supreme Court goes, it insulates the decision from legitimate claims of political interference. Something a Trump Administration [would] not think twice about itself doing.”
