Has Trump made himself ineligible for any elected office?

There is a growing body of legal opinion that between his involvement and non-actiions, in the January 6 attempted coup and his statements about throwing out the US Constitution if elected President again (which is itself a tacit admission he recognizes he was not elected President in 2020) that Trump violated the provisions of Amendment 14, Section 3 of the US Constitution. Although it has been over 199 years since this clause was used to remove an elected Federal official from office or prevent their seeking one, it is still a very real part of the highest law in the United States.

The wording is:
"Section 3 Disqualification from Holding Office

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

Several Federal judges and State election officials are maintaining this precludes Donald Trump from ever again being placed on a ballot for office.
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Comments (133)

...shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

aid or comfort? What'd he tell the rioters? "We love you, you're very special." Comforting I'd say.
Given the support Trump has had and is still having, I don't think it will happen without legal process, nor perhaps should it. That's a part of why the charges against him are so important - under the circumstances he should be cleared to run for office again, or otherwise.

It's seems to me that when Trump was impeached, officials voted in their own self-interest, rather than in the interest of democracy, the constitution and the citizenry. Government cannot be trusted to self-regulate in the US under the current circumstances.

And I don't think it was just Trump who violated those provisions: by not standing up to Trump in their own self-interests many Republican officials gave aid and comfort. How close to 'every last one of them', except for those fired by Trump, might that be?

It will be interesting to see how the trajectory of holding people to account continues.
USA is a republic, even though msm and Biden keep saying it is a democracy, sorry if you fell for that misinformation comfort
Democracy
It's interesting how you attempted to steer this in a different direction.
Don't be silly.

The US has utterly failed to act like a republic.
Because of the mass incarceration of black men by the Biden crime bill signed by Bill Clinton? sad flower
The key difference between a democracy and a republic lies in the limits placed on government by the law, which has implications for minority rights. Both forms of government tend to use a representational system — i.e., citizens vote to elect politicians to represent their interests and form the government. In a republic, a constitution or charter of rights protects certain inalienable rights that cannot be taken away by the government, even if it has been elected by a majority of voters. In a "pure democracy," the majority is not restrained in this way and can impose its will on the minority.

Most modern nations—including the United States—are democratic republics with a constitution, which can be amended by a popularly elected government. This comparison, therefore, contrasts the form of government in most countries today with a theoretical construct of a "pure democracy", mainly to highlight the features of a republic.
Insurrection was an issue, given their own status, the Founding Fathers of the US tried to not discuss too much so as to avoid the pot calling the kettle black scenario. However, the 14th Amendment came to us in the post-Civil War environment with millions of Americans having been involved one way or another in an insurrection. Even so some legislation written at the urging President Grant watered down the 14th a little so some former Confederates could still serve their states during the reconstruction period. I think it has been about 150 years since the last time it was used to block someone running for office.

I think also the due process portion of the Amendment would be a little sticky in the current Congress. I doubt they could get the 2/3 vote needed to let Trump run again. Also the standard of proof needed to use the clause is not really well defined. Everything would seem to depend on the outcome of the criminal cases which Trump wants to delay until 2026 so that he could already have run. (Of course if he did, and won, he would simply pardon himself of all Federal charges. Those not liking his doing so would of course have to sue after the fact, and also convince a court they even had sufficient Standing to oppose his action in a civil case.)
I doubt I’d interview someone with 91 pending charges. Yet, it seems Republicans are ready to offer that person the ultimate chief executive position. WTF? Ignorance and stupidity reign in the USA.
199 years according to Glynn Kirshner.
Is Mr Trump facing another two state court cases?

If T-Rump goes to jail, we will see how far an ex-president can push the limit. If he doesn't. we won't.
Not quite the 14th Amendment after ratification by the states became law and a part of the US Constitution in 1868. The enforcements of it obviously were after that.
Ah, I wonder if the subtitles were inaccurate, but I can't remember where I saw it.

It definitely said 199, but it's not unusual for something like '100,99' or '100 or 99' in speech to end up as '199' in a subtitle.

I don't much like Glenn Kirschner's style, nor biases, but he's good at explaining the law and the practicalities of the legal process. I'll give him the benefit of the doubt that it wasn't hyperbole.
Sidebar explanation. Lincoln's Emancipation Proclamation only freed the slaves in the states engaged in rebellion. Slaves in states not engaged in rebellion (there were several where slavery was allowed) was perfectly legal. Also the Emancipation Proclamation was just an Executive Order (E.O.) and capable of being reversed at any time by a new E.O. After the war it was decided to make slavery illegal in all of the states and also to reverse the Dred Scott Supreme Court decision claiming no Black man could ever be a US citizen. Since we now had tens of thousands of them in Army uniform with both guns, and practical experience at killing whites, this might not have been the smartest stance to take. The 14th Amendment resolved the issue so that any person born inside the US was now a citizen of the US.
Colored soldiers were offered the choice of mustering out and being discharged to their home states without any weapon or job, or staying in the Army getting a steady salary and being used to continue the Indian Wars and help maintain order during re=construction in the former Confederate states. Many chose to stay in and thus began the era of the Buffalo Soldier.
I realise that this video is not politically neutral, but it does explain the law and the possible legal tactics clearly:



There's a lot of interesting stuff there.

On the subject of why it's taken so long for Trump to be indicted regarding J6, I think perhaps the answer is in how cleverly structured everything is such that people are being held to account for their actions, or held to abide by the constitution all the way up to and including the Supreme Court Justices.
If you are going to throw a (semi) popular king or a president in jail you need to dot every I and cross every T. That can be a slow process. I am waiting for the circus of the jury selection.
professor
Going to be hard to find 12 impartial jurors, maybe they should choose from the million-plus people that Trump stiffed over the last 5 decades, a lot of whom are lawyers.laugh
Add employees of Trump and/or women to the mix...laugh
"Add employees of Trump and/or women to the mix.."

And several thousand federal employees he laid off as hostages to fund The Wall against Mexico.
The polls in Trump's favor in my opinion are skewed...or not very representative of all Republicans...how many people were polled and how many registered Republicans are out there...dunno

Perhaps it is just not worth the worry...but interesting how many people Trump screwed over...
This isn't at all complicated. Democrats new weapon of choice is lawfare. They've targeted and are trying to jail Trump, all of his lawyers - and pretty much all of those who were at the forefront of challenging the stolen 2020 election. Biden talked about 'healing' and 'uniting', but his administration and his party have done anything but. The violence on January 6 was deeply regrettable. But it's also fair to say it was largely avoidable. Security and intelligence failures, whether deliberate or accidental, contributed greatly to the chaos on that day. Zero evidence exists that Trump called for violence. He encouraged people to march to The Capitol and 'peacefully and patriotically' have their voices heard. There was approximately 2.5 hours of sporadic rioting at The Capitol. 4 people died on the day - all Trump supporters - one shot at point blank range in the neck by a Capitol Police officer. American conservatives are the most armed populace on the planet. And yet not a single firearm was found on a Trump supporter at The Capitol that day. Anyone calling the events of that day an 'insurrection' is just deluding themselves. If you want to see what a real insurrection looks like, research the violent overthrow of government at the Maidan in Ukraine in 2014. It made the clashes at The Capitol look like a picnic.

Weaponizing the courts and the justice system is of course nothing new in history. Would-be tyrants have taken this path constantly. It serves to give an air of 'legitimacy' to their tyranny. Democrats' plan is clear: knowing they are unlikely to beat Trump in 2024 as things stand, they've strategized to prosecute Trump from multiple angles. 'Novel legal theories' is what people are calling the various charges being brought against him. Another way to say it is that Trump is being charged and treated in a manner that no other person - much less a president - has been treated previously.

Investigations and grand juries empanelled in Heavily Democrat districts. Clearly biased prosecutors and attorneys leading the charge. And all timed perfectly to try and impact on the 2024 election. Trump is 100% right when he says it is election interference. Fani Willis in Georgia has proposed just 2 months from now for the trial to take place. A trial with 19 defendants (incl Trump) and likely dozens of witnesses. 2 months is a joke. RICO cases usually take many YEARS before going to trial. And yesterday we find out the case in DC (where residents voted for Biden over Trump by a factor of 17 to 1) was announced for March 4 next year, ONE DAY before the important Super Tuesday Republican primaries. Trump's lawyers have 12 million pages of discovery to get through in that case, in a case that will likely involve 100+ witnesses. Again, it's an absolute joke to bring such a case so soon. It deprives the defendant the ability to make a proper defense.

But we know the play:

Democrats want to get guilty verdicts of Trump ahead of the election. It's as simple as that. They've designed it in a way where that's likely to happen. Partisan judges, in Heavily Democrat districts where the jury pools are made up of a strong majority of people who already really dislike Trump. There's a very good chance that any guilty verdicts would be overturned on appeal. But here's the kicker - any such overturned verdicts wouldn't come 'til AFTER the election.

So now you see it. It's not exactly complicated. The strategy is clear. In many ways it's very similar to how the 'justice' system operated in Stalinist Russia. 'Show me the man and I'll find you the crime'

This is the state of affairs. Many people have been so successfully gaslit into hating Trump - the result of years of media and political attacks against him - that many will now ACCEPT this new 'standard' of 'justice', not realising that if it becomes the norm that ultimately no one is safe. Next time round it may well be someone YOU like or support. Sow the seeds, reap the harvest
If you can't do the time, don't do the crime, it is not complicated.

The criminal Trump has been getting away with too much for too long, time he learnt he is not above the law.

The Democrats are doing what the republicans won't do, standing up to a bully.

It's not complicated.
Unfortunately America and Britain are inching inexorably towards civil war.
With such a deeply embedded surveillance infrastructure now in place and expanding exponentially,
the only way to remove this invasive high tech now is anarchy.
2025 is their end timeline, so jack up the credit cards , chink together those double Southern Comfort chasers and live like theres no tomorrow coz like sand through an hour glass there running out!
@chancer still harping on with the demented deluded 'stolen election'? What nonsense!. Partisan judges? You are mind-bogglingly absurd really, really really.
<snipped >
And yet not a single firearm was found on a Trump supporter at The Capitol that day. Anyone calling the events of that day an 'insurrection' is just deluding themselves.>
<Smipped>

Trump is 100% right when he says it is election interference.
_______________________________________________________________

Total BS. There have been prosecutions and convictions of people who carried firearms and other weapons onto the Capital Grounds on January 5. Also there have been numerous convictions of Seditious Conspiracy involving events of that day. Under US law Sedition is a crime or violence or intended violence related to a coup attempt.
"18 USC §2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both."

Yes, based on a casual reading of the 14th Amendment of the US Constitution and viewing a recent recording of Trump stating that if he was President again he would "throw out" the US Constitution, he very much should be blocked from being listed on any state's ballot and also totally barred from ever again holding any elected office, even that of dog catcher.
Should say January 6. Typo
One person at the Capitol was seen with a holster. One person. There's not a single photo or video of any Trump supporter with a firearm on their person at The Capitol, much less brandishing one. As I said, conservatives are THE MOST armed populace on earth. If there'd been any desire to attempt insurrection, it could easily have been done. The most common weapon cited was bear spray/pepper spray, something many had brought as self defense after many Trump supporters were attacked by groups of people during the previous Million MAGA March in DC not long prior. Also the seditious conspiracy charges are an absolute joke. Those guys, the Proud Boys and Oathkeepers - who both had many fed informants embedded in their groups - have been used as scapegoats to perpetuate the bogus insurrection narrative. As I said if you want to see what a real insurrection and overthrow of government looks like then go and research Maidan in Ukraine in 2014. J6 was 2-3 hours of sporadic rioting, where the people hurt the most were Trump supporters, and which could have been prevented for the most part with adequate security preparations.

But given how we've seen how the Democrats and the security state apparatus has used J6 to greatly expand power and strip the rights of citizens, it looks more and more like it was an orchestrated event for those very reasons. It's like what happened post 9/11 with the Patriot Act and attacks on civil liberties, primarily against Muslims. Only this time the security state has declared war on roughly half the nation. Dangerous times. And shame on absolutely everyone who refuses to call it out for exactly what it is. You are complicit. It's not too late to stand for what's right. This is a crucible moment in history. It's a choice if you want to hate your fellow Americans, your neighbors, your co-workers, your friends, your family members. It's a choice to do that. It's a choice to bow down in the face of blatant tyranny and weaponization of state power. It's not how the founding fathers acted, as they kicked the occupiers the hell out and forged their own destiny. It's not that attitude. But it's a choice nonetheless. You get to choose now where to stand. I suggest you choose very wisely. Life doesn't do re-runs.
Chancer...

Aren't you from Ireland...confused

What do you actually know about what is going on in the US...the crap you choose to read on bogus youtube sites is not a reflection of the the USA...you are getting a sample of the psychotic conspiracy theorists...grifters seeking money from the ignorant...not what the majority of US citizens thinks/represents...
You sound off your rocker...get out much?

And if you think the Proud Boys or the Oathkeepers are nice young men...you truly need help...racist misogynistic pieces of shit...no respect for their brand of their delusional sense of "justice"...they are criminals...pure and simple...

Talk more shit why don't you...

roll eyes
The gist of your argument appears to be it can't be considered a coup attempt because the number of people who knew what it was was so small and their guilty pleas should be ignored.

Every single person who stepped over the police barricades on January 6 knew they were commuting a criminal offense. Every single person who hit, shoved, sprayed or kicked one of the police assigned to guard the Capital knew they were engaging in a violent illegal act of insurrection. The speed of prosecution has been limited by available court time and schedules. Although almost a thousand have entered the legal system, Federal authorities still have over 300 not yet served warrants for folks on the run in hiding. Luckily in America once a warrant is issued the statute of limitations ceases to exist. Any warrant issued inside the statute of limitations remains valid until the person is caught. The hunt continues and just like when we were hunting the SDS or Bin Laden a sizeable reward exists for locating some of the still not caught individuals.

We are in total agreement, if you want, that the great bulk of the people storming the Capital did not realize they were being used as sacrificial dupes by the 30 or so with actual knowledge and plans to use the demonstration as cover for a violent coup and attempt to disrupt the Constitutional process. The mere presence of vans full of firearms just across the state lines is proof (and was accepted as such by the court and trial participants) of violent intent. There were also individuals who placed explosives and were causght with explosive devices in their vehicles. I am actually kind of surprised the planners did not think of disrupting communications during the attack, but I will give them credit for possibly maybe thinking the publicity would be more helpful than blocking news of the Capital riot happening.

Lou, I doubt it. St. Petersburg is more probable. laugh
Ken...

laugh
Why do Republican supporters lie about "No weapons" at the insurrection? I guess they all believe a liar and entertainer who was fired from Fox Entertainment for lying.

"Lonnie Coffman of Alabama was found with multiple weapons in his vehicle and on his person. Coffman’s truck, which he had parked in the vicinity of the Capitol on the morning of Jan. 6, was packed with weaponry, including a handgun, a rifle and a shotgun, each loaded, according to court documents. In addition, the truck held hundreds of rounds of ammunition, several large-capacity ammunition feeding devices, a crossbow with bolts, machetes, camouflage smoke devices, a stun gun and 11 Molotov cocktails. When Coffman was detained, questioned and searched, police found two more handguns on his person. None of the weapons were registered, documents state. Coffman pleaded guilty and was sentenced in April to 46 months in prison followed by three years of supervised release.

Guy Reffitt of Texas was charged with bringing a handgun onto Capitol grounds. Court documents showed that Reffitt, reported to be a member of the Three Percenters militia group, told his family he brought his gun with him and that he and others "stormed the Capitol." A jury found Reffitt guilty of five felony charges in March, and he remains detained pending sentencing.

Christopher Michael Alberts of Maryland also brought his handgun onto Capitol grounds. An officer saw that Alberts had a gun on his hip and alerted fellow officers. When Alberts tried to flee, officers detained him and recovered the loaded handgun, along with a separate magazine. He has been indicted on ten felony counts."

These are just 3 people out of many, who have been indicted for carrying firearms at the Jan 6 insurrection.
The more lies spread by certain CS members, that are easily debunked and proven as lies, the less credibility these "people" have.
The lies and misinformation spread by right-wing supporters are starting to backfire spectacularly, soon they will be shamed into leaving CS for good, IMO.

No one in their right mind would support a criminal and con man to be President of the US of A.
I had recently pointed out that the OP unknowingly put up a video that a convicted sex offender was giving his opinion on political matters...he still continues on...making excuses...another conspiracy story...laugh
It doesn't stop there...the man is also financially supported by...you guessed it Putin...

Pure ignorance or just wanting to push his agenda...when the waters are murky...claim conspiracy...

laugh
Trump's only chance of having a major vote for him lays in being exonerated of all charges before any election. However, all attorneys believe their job is to delay any trials as long as possible in order to postpone any finding of guilt or a sentencing. Trump (possibly because he is very guilty) actually tried to postpone things until 2026. rolling on the floor laughing I am not sure why he didn't shoot for 2036, it was just as likely to succeed as a request as 2026. March next year takes him off any chance of being elected for anything this year. No sane US voter will vote for a candidate facing multiple felony charges who has already publicly said he doesn't support the Constitution his oath of office requires him to support. He may have Russian or Irish supporters, but that won't be of much value to him in Super Max.
beer
Two more members of Proud Boys were sentenced yesterday for Seditious Conspiracy. One drew 15 years, the other got 17 years. Given their personal histories, their public statements before January 6, etc. I am sure the non-white populations of the Federal prison system will keep them entertained for the duration of their sentences.
Be that a lesson for others...

thumbs up
Ken...I want to amend my comment earlier...I wrote OP by accident...was addressing that comment to another member here...

Sorry...
@rizAround 80m back in 2016, whether in right mind or not did, however, and there is no sign that their minds have righted in the meantime. One hopes that many have changed, and simply refrain from saying so because of the climate of threat and bullying. I think you may attribute too much power of thought to that population.
Fair enough. I think what many miss is the criminal nature of how he operated wasn't plain yet. I saw him as reckless and irresponsible, but on the surface a heck of a lot better than Hillary. In honesty I would have voted for Satan himself over Hillary. My preferred candidate didn't make it through the Primary, so the choice was a flim flam who happily cheats on his wife with every woman he can, or the White Water queen with the long trail of dead friends who at a Senate Hearing regarding deaths of her subordinates due to her own failure blurted out, "what does it matter,,,?" If I had known Trump also raped I would probably have voted Libertarian instead. I don't believe I am alone in that. In any case by his own rejection of the US Constitution under that document he is ineligible for any public office (noting also if convicted on the charge of stealing or hiding Federal documents, that too would make him ineligible under the relevant statute. But I would not consider him a lawful President even if he was somehow voted in again.
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ken_20

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