On Friday’s broadcast of CNN’s “Situation Room,” Maine Secretary of State Shenna Bellows (D) responded to a question on the witnesses at the hearing before her ruling removing 2024 Republican presidential candidate former President Donald Trump from the ballot lacking any firsthand knowledge and her finding Trump guilty of fomenting an insurrection despite Special Counsel Jack Smith not charging Trump with that by stating that the proceeding was “different than a criminal proceeding in a criminal court. The standard is preponderance of the evidence.”
Host Kaitlan Collins asked, “You’ve cited that hearing a bunch. And we looked into it. At that hearing, there was only testimony from three witnesses. Two of them were complainants, one was a law professor, none of them have firsthand factual knowledge of the events that are at issue. So, how did you decide that what you heard in that hearing was enough to draw the conclusion that you did here, that Trump should not be on the ballot because of your determination that he engaged in the insurrection? That’s not even something Jack Smith has charged him with.”
Bellows responded, “It’s important to understand that an administrative hearing under Maine’s Administrative Procedure Act and in terms of implementing election law is different than a criminal proceeding in a criminal court. The standard is preponderance of the evidence. And furthermore, part of the hearing record — and my decision was based exclusively on the record before me — is not only live testimony that is subject to cross-examination, but also exhibits that are produced and submitted by the parties. And, in fact, in this situation, there were thousands of pages of exhibits, which I reviewed, including the bipartisan January 6 report, a bipartisan Senate report, a GAO report, a Defense Department report. So, there was substantial evidence that complied with the Maine Administrative Procedure Act submitted in this proceeding that was subject to my review. And my decision was based solely on the facts before me at the hearing and on the Constitution and the rule of law. And it’s part of a process here in our state that now goes to Superior Court and then potentially to the Maine Supreme Judicial Court and then potentially to the U.S. Supreme Court.”
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