Crew represents six Colorado voters – Republican or unaffiliated – seeking to remove Trump from ballot over Capitol attack
A watchdog group is suing to remove Donald Trump from the 2024 presidential ballot, saying he violated the constitution and is disqualified from holding future office.
The lawsuit is so far one of the strongest challenges to Trump’s eligibility to seek re-election.
According to the lawsuit filed on Wednesday, the former president violated section 3 of the 14th amendment, also known as the Disqualification Clause, with his involvement in the January 6 US Capitol attack. The section bars any federal or state official that has “previously taken an oath” from holding office after they “engaged in insurrection or rebellion”.
The law can make the distinction between an overt act and inaction.
The language of the 14th seems to require a decision to act in a certain way. It does not appear to punish negligence.
Likewise, operating within the prescribed duties of the office could not be considered a violation. So diplomatic visits to an “enemy” would not trigger these clauses for example. Similarly, executing the laws as passed by congress would not be a violation, like sending aid to a foreign nation.
However, forming a militia to attack congress to prevent the transfer of power to the next president isn’t part of the prescribed responsibilities of a president by the constitution.
There are current 2 efforts to impeach Biden. They both admit they have no specific charges to bring, but are doing it anyway. The actual law means nothing because while experts debate whether its actually possible they just work to normalize it until a chunk of the citizenry demands it loudly.
The flaw in your argument is that Republicans will only misuse and abuse a legal argument if the Democrats use it first. Regardless of whether the 14th is invoked against Trump, the Republicans will attempt to do so in any case that they have the slightest chance of succeeding or when there is no chance, but can successfully be used as a distraction/manipulation of their base. The fact that conversations of the 14th are now occurring is already enough that Republicans will make use of it any chance they get. And you can be damned sure that they won’t be the least bit concerned about “will the Democrats use this against us too?”
Such a great point. See for example the whole supposed precedent of not letting a president appoint a new justice to the Supreme Court in the last year of their presidency. Republicans loved tossing that one out during Obamas final year but when RBG passed away just a month or so before the election they rushed Amy Coney Barett through confirmation.
Republican elected officials, when given the chance to play dirty, always do. Regardless of whether it sets a precedent or not. This isn’t even playing dirty - Trump pretty flagrantly - committed treason or at least assisted those who did - just like a 25 year old can’t be president, trump can’t be president.
Well fuckin said