6 January—Today is Epiphany. The word comes from the Greek ἐπιφάνεια (epipháneia) meaning appearance, manifestation, realization, revelation. Epiphany is being widely observed this year as the third anniversary of the storming and sacking of the United States Capitol by a disorderly, unrestrained rag-tag mob of riffraff and rabble motivated above all by sheer stupidity and the innate human predisposition to violence and destruction.

Epiphany is celebrated as such mostly by Democrats and others who would like to see Donald Trump anywhere but in the White House, preferably up the river. Or, better yet, in Russia, China, North Korea, or the Gaza Strip. If Republicans of any persuasion—i.e., pro-Trump, anti-Trump, or simply trying to ignore Trump—celebrate Capitol Epiphany, it’s only because they’re afraid not to.

The Supreme Court is celebrating Epiphany this year by taking on the case of Donald Trump vs. Amendment XIV Section 3 of the Constitution: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

A majority of the Supremes are going to—and most certainly should—tell the states that want to use XIV-3 to keep Trump from doing anything to get off their purely partisan high horses and stuff it. Not that Trump doesn’t deserve to be ostracized, to be sure. But XIV-3 isn’t the way to do it.

First, the Epiphany 2021 storming of the Capitol wasn’t an insurrection or rebellion at all and probably didn’t give aid or comfort to enemies. Unless Never Trumpers of any political persuasion can be considered enemies.

Second, while Trump may well have incited the storming of the Capitol passively or even actively, does that constitute actual engagement?

Third, it’s unlikely that a president, as head of government and commander-in-chief of armed forces could insurrect or rebel against himself and/or his government. In all events, it would be very, very difficult to prove.

Fourth, as of this date, Trump has been accused but neither tried nor convicted of crimes of state, as specified in XIV-3.

Fifth, and perhaps most important, if XIV-3 is used as an excuse—make that rationale—to prosecute (admittedly despicable) Donald Trump on what are extremely tenuous grounds, what’s to prevent it from being used to prosecute other sworn politicians who may rub an incumbent administration the wrong way? Cases in point: prosecutions of convenience of dissidents in Russia and China.

Sixth, if Donald Trump should be able to weasel his way back into the White House, he’d likely not hesitate to trump up offenses to prosecute and persecute his enemies and critics . . .