Experts suggest language in section 3 of 14th amendment is ‘actually very clearcut’ and could mean disqualification
“The bottom line is that Donald Trump ‘engaged in insurrection or rebellion’ and gave ‘aid or comfort’ to others engaging in such conduct, within the original meaning of those terms as employed in section 3 of the 14th amendment,” Baude and Paulsen wrote in their 126-page article, which traces the history and original understanding of the amendment. “If the public record is accurate, the case is not even close.
Disqualification under the 14th amendment does not require a criminal conviction, Noah Bookbinder, the executive director of the watchdog group Citizens for Responsibility and Ethics in Washington , said in an interview earlier this month. The push to disqualify Trump is likely to play out at the state level in parallel to both the federal and state cases criminally charging Trump and allies in connection with their efforts to overturn the election.
Even if Trump winds up being constitutionally disqualified, many Americans may chafe, especially in the midst of a politically heated election year, at not being able to vote for their preferred candidate. It’s also unclear who might have the legal standing to challenge Trump’s presence on the ballot. The best legal case would probably come from a candidate running against Trump, who could argue that they were injured by the presence of an unqualified candidate on the ballot. Calabresi suggested
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