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Democrats Float Trump's Disqualification Under Constitution

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Democrats Float Trump's Disqualification Under Constitution

  • Over the weekend, US Rep. Adam Schiff (D-Calif.) and Sen. Tim Kaine (D-Va.) argued that Donald Trump is in violation of section three of the 14th Amendment, which bars anyone who has engaged in insurrection or rebellion from serving in elected office. Huffington Post (LR: 1 CP: 4)
  • This comes as Arizona's Democratic Sec. of State Adrian Fontes and New Hampshire's Republican Sec. of State David Scanlan revealed last week that they're figuring out what to do if Trump faces disqualification challenges. NBC (LR: 2 CP: 4)
  • This follows former Republican Arkansas Gov. Asa Hutchinson's comment during the GOP primary debate last month that, should Trump become the nominee, he was morally and likely constitutionally disqualified as a result of the events surrounding Jan. 6, 2021. FOX News (LR: 4 CP: 4)
  • Though legal scholars — including prominent conservatives — have agreed that the 14th Amendment renders Trump ineligible to hold public office as a "long shot." The US Constitution doesn't describe how to enforce the ban that has only been applied twice since the 1880s — both times against former Confederates. CNN (LR: 2 CP: 5)
  • Last week, however, this legal theory suffered a court defeat as an Obama-appointed judge dismissed a case filed by a Florida tax attorney to oust Trump from the state's presidential ballot under the 14th Amendment. The Washington Times
  • It's likely that further attempts to ban Trump from the ballot, enforced either as the result of a lawsuit or as a unilateral decision of secretaries of state, would force the US Supreme Court into a contentious debate over the meaning of the 110-word provision ratified in 1868 and rarely interpreted since then. POLITICO

Pro-Trump narrative:

  • Democrats, the mainstream media, and RINOs (Republicans In Name Only) have been preparing for this move for a long time. Terrified that the former president will defeat Biden despite efforts to convict him and damage his reputation, they're now hoping to strip voters of their right to choose from all candidates. This is a deeply undemocratic move, especially with the former president surging in the polls.
    American Spectator (LR: 5 CP: 5)

Anti-Trump narrative:

  • Given that Trump engaged in an insurrection after knowing he lost the 2020 presidential election, breaking the oath of office he took in 2017, all 50 state secretaries of state must enforce the enshrined Section 3 of the 14th Amendment and keep him off the ballot. Some might say that voters should be the ones judging Trump, but the supreme law of the land clearly states that only presidents who follow their constitutional oath are eligible on the ballot.
    Reason.com

Nerd narrative:

  • There's a 9% chance that Donald Trump will be removed or blocked from the ballot of any U.S. state for a federal office under Section 3 of the 14th Amendment, according to the Metaculus prediction community.
    Metaculus (LR: 3 CP: 3)
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