CNN senior legal analyst Elie Honig suggests the Democratic Maine Secretary of State Shenna Bellows’ evidence against former President Donald Trump will not hold up in court.

Bellows’ on Thursday kicked the former president off Maine’s 2024 Republican primary ballot, citing the insurrection clause of the 14th Amendment. Bellows made the decision following a hearing where she listened to one fact witness. She also used YouTube videos and news reports to arrive at her conclusion.

Honig, in an interview with CNN’s John Berman, said there was still an argument on who could decide if Trump engaged in an insurrection.

“No, it’s not that simple. So, clearly Section 3 of the 14th Amendment says, ‘Engage in insurrection, you’re out.’ We all have that. The complicated part, and where we are going to see this play out in the courts, is who gets to decide and by what process,” Honig said. “First of all, the 14th Amendment Section 5 says Congress has the authority to pass laws, to implement this. They did, they passed the criminal law. And the argument is that means Congress, not the states. But perhaps, and this is the argument that the Maine secretary of state and Colorado made, the states can do it too. If that’s true, then Section 2 — question two is, were the processes, were these hearings fair? Did they comport with due process?”

Honig cast doubts on the fairness of the process, adding that some of the evidence against the president will not pass the bar in normal court.

“And I think there’s a question there with regard to what Maine did. Because if you look at the hearing, and she details this in the ruling, they heard from one fact witness. A law professor,” Honig added. “She based her ruling on a lot of documents, but also YouTube clips, news reports, things that would never pass the bar in a normal court. She’s not a lawyer, by the way. It’s a smartly written decision, clearly consulted with lawyers, but this is an unelected — she’s chosen by the state legislature. Chosen, elected by the legislature, but not democratically elected.”