Dems Examine Using Clause In 14th Amendment To Disqualify Trump From Holding Office

Written by K. Walker on January 7, 2022

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There it is, folks — that’s why they’ve been calling that one particular riot an “insurrection” for the past year after an entire summer of “mostly peaceful protests” that included repeated attacks on a federal courthouse.

Stapling the label “insurrectionist” to Donald John Trump’s forehead is the primary goal of the Democrats and perhaps the end game of the January 6 Committee.

If Democrats manage to officially label Trump an “insurrectionist”, they could use a clause in the 14th Amendment to disqualify him from running for office again.

The 14th Amendment was ratified after the Civil War and deals with things like the rights of citizens and equal protection under the law. Section 3 states that officeholders who “have engaged in insurrection or rebellion against the same” are disqualified from future office.

The Hill reports that since January 6, 2021, a handful of Democrat politicians and a group of “pro-democracy advocates” — read that as “leftwing anti-Trumpers” — have been examining how to do just that.

Calls for Congress to take steps to strip Trump of his eligibility, which reached a crescendo in the aftermath of the Jan. 6 riot, have since decreased. But those who remain engaged on the issue say discussions about applying Section 3 of the 14th Amendment have been ongoing.

The names of the lawmakers who are seeking to prevent the former POTUS from holding office again shouldn’t surprise you.

The trio of Democrats listed are pretty high-profile:

The Three Democrat Amigos have been plotting with Harvard Law prof and leftist wingnut, Laurence Tribe, who was completely broken after the 2016 election. He was so anti-Trump that he suggested that impeachment proceedings should have begun on Trump’s Inauguration Day. He was the Pied Piper leading the Dems to Impeachment.

Now, Tribe is advising Dems on how to use the 14th Amendment to banish Trump into the outer darkness where there is weeping and wailing and gnashing of teeth.

“If anything, the idea has waxed and waned,” said Laurence Tribe, a constitutional expert at Harvard Law School. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”

An analysis by The Hill found that around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply to those who engaged in insurrection on Jan. 6.

Although Trump is the primary target, he’s clearly not the only one.

Democrat lawmakers are trying to find a way to apply Section 3 to “those who engaged in insurrection on Jan. 6” — that means that any lawmaker who supported Trump has a target on their back, too. Notably, Reps. Scott Perry (R-PA), and Jim Jordan (R-OH) who have already been subpoenaed by the Jan. 6 Committee, but also Senators Ted Cruz (R-TX) and Josh Hawley (R-MO) who have been accused of trying to help Trump “overturn an election” by wanting to reject electors from disputed states from casting a vote until a 10-day audit of the vote was complete.

Democrats seem to think that they have a real chance with this move.

Wasserman Schultz told The Hill, “I continue to explore all legal paths to ensure that the people who tried to subvert our democracy are not in charge of it.”

Raskin and Nadler’s offices declined to comment but Raskin has spoken about using Section 3 of the 14th Amendment in the past.

Raskin, a former constitutional law professor, served as a House manager during Trump’s impeachment trial over his role in the Jan. 6 attack. Days after Trump’s acquittal in the Senate, Raskin discussed the constitutional provision in a press interview, saying Trump was “right in the bullseye middle of that group.”

“The point is that the constitutional purpose is clear, to keep people exactly like Donald Trump and other traitors to the union from holding public office,” he told ABC News on Feb. 17, adding that the legal mechanics would require “more research.”
Source: The Hill

Some Constitutional scholars believe that Congress would have to act — a simple majority vote in each chamber would do — to find Trump engaged in an insurrection and trigger the clause.

Tribe disagrees and believes that Congress would have to take further steps by establishing a neutral fact-finding body to examine whether Trump had engaged in insurrectionist activities. Could this be the purpose of the Jan. 6 House Select Committee that has a couple of rabid anti-Trump Republicans to make it a “bipartisan” committee?

Rep. Steve Cohen (D-TN) had proposed a bill after Impeachment 2.0 that would permit the attorney general to make the case to a three-judge panel that a lawmaker had violated their oath of office and would therefore be disqualified from holding office under the 14th Amendment.

One leftwing group, Free Speech For People, is trying to pressure states to keep “insurrectionists” off of the ballots.

The primary target is former President Trump, but according to a post on their website, they’re casting the net pretty wide.

President Trump’s incitement of the violent insurrection on January 6th, which claimed the lives of five people and injured more than 140 officers, disqualifies him from holding future public office under this constitutional provision. This provision would also apply to other elected officials who gave support to the insurrectionists. According to a report released in November by Rolling Stonethis would implicate certain Members of Congress, including: Representatives Marjorie Taylor Greene of Georgia, Lauren Boebert of Colorado, Mo Brooks of Alabama, Paul Gosar and Andy Biggs of Arizona, Madison Cawthorn of North Carolina, and Louie Gohmert of Texas.

Source: Free Speech For People

Note that they made sure to mention that the “deadly insurrection” had “claimed the lives of five people” in the article written on January 5, 2022. Really? And who would those be?

Four deaths were from natural causes, and the only person that died because of violence that day was a female Trump supporter.

Say her name — Ashli Babbitt.

But hey, don’t worry — all of these different groups working to disqualify Republicans from holding office are just members of “secret cabals” preparing to “fortify” future elections by eliminating those opposed to the uni-party that controls Washington.

WATCH: Lawyer Breaks Down The Infamous Time Article About The Secret ‘Well-Funded Cabal’ That ‘Fortified’ The 2020 Election

Democrats’ idea of “protecting democracy” means creating a one-party state.

How progressive of them.

Psalms of War: Prayers That Literally Kick Ass is a collection, from the book of Psalms, regarding how David rolled in prayer. I bet you haven’t heard these read, prayed, or sung in church against our formidable enemies — and therein lies the Church’s problem. We’re not using the spiritual weapons God gave us to waylay the powers of darkness. It might be time to dust them off and offer ‘em up if you’re truly concerned about the state of Christ’s Church and of our nation.

Also included in this book, Psalms of War, are reproductions of the author’s original art from his Biblical Badass Series of oil paintings.

This is a great gift for the prayer warriors. Real. Raw. Relevant.

ClashDaily's Associate Editor since August 2016. Self-described political junkie, anti-Third Wave Feminist, and a nightmare to the 'intersectional' crowd. Mrs. Walker has taken a stand against 'white privilege' education in public schools. She's also an amateur Playwright, former Drama teacher, and staunch defender of the Oxford comma. Follow her humble musings on Twitter: @TheMrsKnowItAll and on Gettr @KarenWalker