‘Nuclear Option’ Activated Against Trump To Stop Him From Taking Office

A group of liberal attorneys is urging Congress to invoke Section 3 of the 14th Amendment in a last-ditch effort to prevent President-elect Donald Trump from taking office.

Evan Davis and David Schulte, in an op-ed for The Hill, argue that Trump’s alleged involvement in the January 6th Capitol breach and attempts to overturn the 2020 election constitute “insurrection” against the Constitution, rendering him ineligible to hold office. Both attorneys cite precedents from judicial proceedings and the findings of the House Select Committee investigating the January 6th attack.

Section 3 of the 14th Amendment disqualifies individuals from office if they’ve participated in or supported an insurrection against the United States. Davis and Schulte assert that Congress has the authority to enforce this clause and could prevent Trump from assuming office through a vote.

Their argument references a Colorado court decision affirming Trump’s involvement in insurrection and a bipartisan inquiry by the January 6th committee, which included testimony from Republican witnesses. They also note that Congress, under the Electoral Count Act, could invalidate Trump’s votes, potentially leading to Vice President Kamala Harris assuming the presidency.

Conservative backlash to the proposal has been fierce. Critics, including former Congressman Matt Gaetz, have labeled the effort an attempt to subvert democracy and override the will of voters. Robby Starbuck tweeted, “Yes, try blocking the inauguration of a President who won the popular vote and the electoral college. Let’s see how that goes for y’all.”

The debate continues to polarize opinion, with both sides accusing the other of undermining democratic norms.