Several Democrats have inquired about a Constitutional provision regarding “insurrections” they hope will prevent Donald Trump from ever holding office again.
Reports claim about a dozen prominent Democrat congressmen have sought consultation on Section 3 of the 14th Amendment, ratified in 1868, which addresses US representatives who “engaged in insurrection or rebellion.”
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.
As reported by The Hill, Harvard Law professor Laurence Tribe admitted he’s been approached several times about the provision by Democrat lawmakers, including Rep. Jamie Raskin (D-Md.), Rep. Jerry Nadler (D-N.Y.) and Rep. Debbie Wasserman Schultz (D-Fla.).
“If anything, the idea has waxed and waned,” Tribe told The Hill.
“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.”
In a comment to The Hill, Wasserman-Schultz – who resigned in disgrace as DNC chair during the 2016 election after leaked emails showed she helped Hillary Clinton defeat Bernie Sanders for the Democrat nomination – claimed she pursued the inquiry to protect democracy.
“I continue to explore all legal paths to ensure that the people who tried to subvert our democracy are not in charge of it,” she commented, while the offices of Raskin and Nadler did not respond to the Hill’s request for comment.
According to Tribe, Trump could sue over an attempt to bar him from running, which would prompt a fact-finding mission by an independent committee to determine whether Trump’s words, or actions truly did contribute to the Jan. 6 storming of the Capitol, which in turn would trigger Section 3.
“Absent that, a lawsuit by Trump challenging his exclusion from a ballot would ‘stand a good chance of success,’” Tribe described.
The Select Committee’s findings in their Jan. 6 witch hunt and their ultimate verdict on Trump’s involvement could be what truly kicks off the attempt to prevent Trump from running, Tribe says.
“Once that committee makes clear, as I trust it will, that what took place was indeed an insurrection that triggers Section 3 of the 14th Amendment and that supports criminal prosecution by DOJ of those responsible, it is difficult to imagine this not becoming a logical next step,” he predicts.
Commenting on the development, Donald Trump Jr. remarked this was the plan all along.
“And there it is… This is what it’s always been about folks,” Don Jr. tweeted in response to the Hill’s report.
While Trump has not expressly announced he will run for re-election in 2024, he’s dropped numerous hints that this will be the case.
