Liberals Push Congress to Invoke 14th Amendment to Block Trump’s Inauguration
In a final attempt to prevent President-elect Donald Trump from assuming office, two liberal lawyers have called on Congress to use a rarely cited clause in the 14th Amendment to disqualify him from the presidency.
In an op-ed for The Hill, attorneys Evan Davis and David Schulte allege that Trump was “involved” in the January 6, 2021, Capitol riot, which they claim renders him ineligible for office under a provision in the 14th Amendment. This argument persists despite the fact that the U.S. Supreme Court has previously rejected such claims, as Trump was neither charged with nor convicted of “insurrection.”
“Disqualification is based on insurrection against the Constitution and not the government. The evidence of Donald Trump’s engaging in such insurrection is overwhelming,” the lawyers wrote.
“The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel,” they added, referring to rulings in state courts—primarily in Democrat-controlled states—that found Trump culpable.
They specifically cite Section 3 of the 14th Amendment, which states that any individual who has participated in an insurrection or rebellion against the United States, or given aid to its enemies, is barred from holding state or federal office. They argue that Trump’s conduct meets this standard and that Congress has the authority to enforce the clause.
In their op-ed, the authors highlight a recent Colorado case: “The second contested proceeding was the Colorado five-day judicial due process hearing where the court ‘found by clear and convincing evidence that President Trump engaged in insurrection as those terms are used in Section Three.’”
They note that the Colorado Supreme Court affirmed the ruling but clarify that the U.S. Supreme Court later determined that states lack the authority to disqualify federal candidates. However, the federal court did not address the finding of Trump’s alleged insurrection.
The pair also referenced the House Select Committee’s investigation into the January 6 attack, emphasizing that many witnesses in the public hearings were Republicans, including former Trump administration officials. They omitted, however, mention of evidence that reportedly exonerated Trump or implicated others in providing false testimony.
“To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House. If the objection is sustained by majority vote in each house, the vote is not counted, and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president,” they concluded.
Despite the plea, Congress moved forward on January 3 and certified Trump’s victory, fulfilling its constitutional duty.
Meanwhile, during a recent Fox News segment, The Federalist editor-in-chief Mollie Hemingway commented on former Rep. Liz Cheney (R-Wyoming), who has drawn criticism for her role in the January 6 Committee.
Hemingway noted that Cheney’s move to the Democratic Party came with a silver lining for Republicans. “Liz Cheney, in the course of running this committee to supposedly investigate the January 6th incident at the Capitol, obstructed justice, witness-tampered... She hid evidence that exonerated Donald Trump,” Hemingway asserted.
She further claimed that Cheney’s political stance benefited her former party: “So Liz Cheney, as awful as her behavior has been in these last few years, she did give Republicans this gift of taking her very unpopular, politically toxic, neocon interventionism and moving it from the Republican Party now firmly into the Democrat Party. So for that, Republicans can be thankful.”