Features
WILL TRUMP BE DISQUALIFIED FROM RUNNING IN 2024?
by Vijaya Chandrasoma
On August 19, University of Chicago Law Professor William Baude and University of St. Thomas Professor Michael Stokes Paulsen, both members of the right-wing Federalist Society, published a paper, to the effect that, “based on Section 3 of the 14th Amendment of the Constitution, if the public record is accurate, the case is not even close. Trump is no longer eligible to (run for) the office of the Presidency”.
At that time, this interpretation of the 14th Amendment was regarded by the media and the legal community as mere conjecture, with no real teeth to prevent Trump’s presidential candidacy.However, since then, there has been increasing momentum amongst the legal community, confirming the constitutional argument that Trump could be disbarred from the presidency.
The latest opinion came from Lawrence Tribe, Professor Emeritus of Constitutional Law at Harvard University, Founder of the American Constitution Society and deemed one of the nation’s foremost authorities on Constitutional Law.
Professor Tribe said on CNN’s State of the Union last Sunday: “The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be end of the nation, the end of democracy”.
Michael J. Luttig, one of the country’s best known conservative jurists and key adviser to former Vice-President Pence said, in an interview with the Washington Post, “250 years ago, we had a revolution against the king, created a new nation and a new Constitution to govern the nation…. The former president attempted to overturn an election that he had lost fair and square, incited the attack on January 6 in order to prevent the Joint Session (of Congress} from counting the electoral votes to determine the presidency of the United States of America”…. If he runs again, “Donald Trump, in the end, will be allowed to make a mockery out of the Constitution of the United States and the Rule of Law”.
Section 3 of the 14th Amendment is a self-executing provision of the US Constitution, a provision that can be enforced without the aid of a legislative enactment, like a conviction.
“The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the US Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again”, wrote Tribe and Luttig.
The final ruling will probably be determined by the Supreme Court, which gives Trump a 6/3 advantage. However, if the Justices rule not on Party lines but on a strict interpretation of the Constitution and their conscience, as they did on the 2020 election disputes, there is every chance that the majority of the Court will uphold the provisions of the 14th Amendment and rule that Trump is not qualified to run for or hold any public office in the United States in the future.
A lawsuit has already been filed by Noah Bookbinder, President of Citizens for Responsibility and Ethics in Washington (CREW), in Colorado which states: “Having disqualified himself from public office by violating Section 3 of the 14th Amendment, Donald Trump must be removed from the (Colorado State) ballot. January 6 was an unprecedented attack, exactly the kind of event, against which the framers of the 14th Amendment built such protections. You don’t break the glass unless there’s an emergency”.
With 13 months and four criminal trials to go before the November 2024 election, there will surely be many more lawsuits, filed by secretaries of state of Red and Blue states, to disqualify Trump from running.
Trump himself is currently providing the best evidence for his own disqualification with his post-arrest rantings, at TV interviews and campaign rallies. These may prove to be more effective than any legal interpretation of a constitutional amendment.
Trump is every prosecutor’s dream defendant, and every defense lawyer’s nightmare. He contradicts himself and admits to the many charges against him almost every time he opens his mouth at campaign rallies and interviews.
Last week, in an address at a Washington DC Pray Vote Stand summit, Trump stated that Joe Biden was “cognitively impaired” and would “lead the country into World War II if re-elected”. World War II ended in 1945. In the same speech, Trump said that he was “ahead of Obama in the 2024 election polls”, mixing up Presidents Obama and Biden. He also said that Obama was his opponent in 2016, “With Obama, we won an election that everyone said couldn’t be won”. Hillary Clinton was his opponent in 2016.
President Biden may be 80 years old, but compared to the mental and moral wasteland that is the 77 year-old Trump, he’s an intellectual giant, who gave a stirring oration at the United Nations General Assembly last week.
At an exclusive interview with Kristen Welker, aired on NBC Meet the Press on Sunday, September 17, Trump contradicted both himself and the positions taken by defense lawyers on numerous occasions. A few extracts:
He declined to answer the question posed by Ms. Welker on how he spent the afternoon of the insurrection on January 6, 2021. “I am not going to tell you. I’ll tell people later at an appropriate time”. Trump’s aides have already confirmed, under oath, that he had sequestered himself in a room off the Oval Office to watch the violence on TV. It took him 187 minutes to order the insurrectionists to stop the violence and to go home.
About the alleged fraudulent 2020 election, Trump said that “It was my decision, that the 2020 election was rigged, there was no question about it”. A statement in direct contradiction of his defense lawyers’ mendacious argument that he was merely going by the advice of his White House counsel, who convinced him that the election had been rigged.
In truth, his own Attorney General, William Barr, and many White House aides have already given evidence on oath that they had told Trump that there was no evidence of election fraud.
When asked about the mishandling of government top-secret documents stored at unsecured Mar a Lago locations, Trump said, “They were my documents. I could have fought them. I didn’t have to give them back” (to the National Archives). A total legal delusion. Those documents were the property of the US government.
When asked if he would testify to this effect, he said, “Sure, I’m going to – I’ll testify”. Trump’s defense lawyers will never let him get a mile near the witness box. He covers up one lie with another, he’ll be found guilty of perjury within minutes.
The impeachment of President Biden, proposed recently by Republican Speaker McCarthy, was based on minor charges against his son, Hunter. McCarthy also talked vaguely about “other high crimes” of the “Biden Crime Family” without a vestige of facts or evidence. He denies this is retaliation, the classic quid quo pro – “They did it to us, we do it to them”.
The Republican Congress recently accused the Attorney General Merrick Garland and the Department of Justice of showing a double standard in the treatment of the respective crimes of Hunter Biden and Donald Trump. Sure, there was a double standard. The crimes under investigation of Hunter Biden, private citizen, were three gun-related offences. The crimes of former President Trump, indicted, arrested and released on conditional bail, are espionage, sedition, obstruction of justice, sexual assaults and financial fraud. A ridiculous comparison. Apples and oranges, many, many rotten oranges.
Trump claimed that the Democratic Speaker Nancy Pelosi was somehow responsible for the January 6 insurrection. This statement is preposterous, even by Trump standards. Pelosi was one of the two main targets (the first being Vice-President Pence) of the insurrectionists. She did not have the authority to call for immediate Capitol Police and National Guard reinforcements to quell the violence. Only Trump did. And he didn’t, for 187 minutes, in spite of desperate calls from Vice-President Pence, Speaker Pelosi and Republican Minority House Leader McCarthy.
When asked about abortion rights, Trump said the Republican positions were “terrible”, though he held these same positions during his presidency. In fact, he once announced at a rally that Democrats allowed abortion after childbirth, a typically moronic statement, as such an act ceases to be abortion. Killing an infant is murder.
He now seeks to portray himself as a “deal maker”, making vague and confused comments on the “number of weeks after which he would ban abortion”, and whether it’s a decision that should be “left to the state or the federal government”. He is softening his stance on abortion because he has realized it’s going to be a major factor in the 2024 election.
Abortion is a decision to be made by the pregnant woman (or the parents, where relevant, of a pregnant minor) and her doctor. It is certainly not a decision for old white geezers, who barely know what an uterus is, who demand Victorian sexual morals of others, while being lecherously liberal of their own.
Special Counsel Jack Smith is seeking an order to prevent Trump from making inflammatory, intimidating and threatening remarks against witnesses, prosecutors and judges. “Through his statements, the defendant threatens to undermine the integrity of these proceedings and prejudice the jury pool”.
Trump has shown no signs of toning down his comments, even though his arrest and release were on conditional bail. He keeps repeating his lies that “the FBI and Justice Department are weaponized”, that “President Biden is crooked” and Special Counsel Smith is “deranged”. He even claimed that Judge Chutkan was a Trump hater, and insists that she recuse herself.
“They Leak, Lie & Sue, and they won’t allow me to SPEAK”, Trump wrote on his social media. Special Counsel “Smith wants to take away my rights to speak freely and openly under the First Amendment”. His lawyers should advise him that specific threats, especially those with an intent of causing bodily harm and endangering lives, are not protected by the First Amendment.
Trump’s desperate defense strategy is obvious. Left without any restraints, he will order his thugs (the process has already begun) to send death threats to witnesses, prosecutors and their families. He will poison the jury pools, so that a unanimous verdict may not be possible. The judge may have to call a mistrial, which he will trumpet to his base as proof of his innocence, a triumph.
Judge Chutkan, the presiding judge over the case against Trump on the alleged felony of sedition in the January 6 insurrection, had imposed certain conditions on Trump on his release on bail. Trump has already flouted these conditions.
Special Counsel Smith has now filed a request for a “narrowly tailored gag order” on Trump, limiting how he would be able to publicly comment on any of the cases against him. However, knowing Trump and the certainty that he will violate such a gag order, Judge Chutkan may well have to reconsider more Draconian measures to restrain Trump from interfering in the judicial process in the future, up to and including imprisonment.
Features
Coercive laws recipe for future misrule
by Jehan Perera
The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.
The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.
But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.
Proposed Laws
The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.
The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.
The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.
Civil Society
The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.
Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.
The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.
Features
Quality assurance without quality enhancement: The irony of university QA
By Ramya Kumar
According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.
An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.
The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.
Top-down check-box activities
The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.
There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).
1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….
2: And with pictures and all…
1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”
2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..
1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…
2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!
1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.
2: yea, when you say QA, my mind closes off immediately and I stop listening…
Auditing everything but power
QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.
The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.
A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.
This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.
External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.
Rethinking university QA
Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.
QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna)
. Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
Features
Down Memory Lane — the Grand 20th Edition!
Yes, Down Memory Lane, the beloved Sing-Along concert series that first struck a chord, way back in 1997, returns for its landmark 20th edition this Saturday, 17th October, at the beautiful Bolgoda Grand Resort, Moratuwa town centre.
Having celebrated its glorious 25th anniversary with the show in 2023, this milestone 20th concert promises to be even more special.
The organisers, the ever-popular Moratuwa Arts Forum, are pulling out all the stops to present yet another unforgettable evening, brimming with camaraderie, fellowship, and pure nostalgia.
Get ready for two-and-a-half hours of non-stop singing as veteran vocalists, from the Moratuwa Arts Forum, will take the stage to lead and inspire the happy audience to sing, sing and sing to their hearts’ content.
The repertoire? Absolutely magical, according to the organisers.

Veteran Arun Dias Bandaranaike: Will handle the evening’s proceedings / Priya Peiris: Event Conceptor
Around 40 golden oldies — from timeless English vintage evergreens and hits from the 50s to the 90s, to toe-tapping calypsos, soulful American plantation melodies, rousing cowboy and Dixieland favourites, aa well as cherished Sinhala standards. All to be sung with much gusto!
This year’s dedicated organising committee comprises Brian Coorey (Chairman), Priya Peiris (Event Conceptor), Hiran Fernando, Suranga Fernando, Viranjan Perera, Hemka Fernando and Neelesh Silva. Guidance and support comes from Moratuwa Arts Forum President Sarana Guneratne and Secretary Chandani Silva.
Adding his signature charm to the evening, as Master of Ceremonies, will be the veteran Arun Dias Bandaranaike.
Don’t miss this landmark celebration of music and memories!
For further details, contact Hiran Fernando on 0772636446 or WhatsApp 0783636446.
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