As Donald Trump continues to dominate in Republican polls, it’s looking increasingly likely that his right to run for office could be revoked. Opinions vary drastically on the matter but, now, experts have weighed in.
Trump’s Influence in the Republican Party
Despite the tumultuous and controversial end of Donald Trump’s presidency, he’s maintained significant support among GOP primary voters. Recent polls suggest that as many as six in 10 back the former president. Moreover, the potential felon continues to maintain strong leads in early primary and caucus states like Iowa, New Hampshire, and South Carolina.
Denying Trump’s Candidacy
Despite Trump’s tight grip on the GOP, the possibility of stopping him from running in the election has been proposed by politicians and constitutional law experts alike. The idea is based on a clause in the 14th Amendment that prohibits individuals who participated in insurrections or provided “aid or comfort to the enemies” of the government from holding office.
The Process and Legal Challenges
The suggestion to exclude a candidate from the ballot in this way is bold and unprecedented in American politics. The process is relatively straightforward – legal challenges would be initiated against state election officers who choose to list Trump on the 2024 election ballots as a presidential candidate. The legal battles would unfold in various courts and could potentially reach the US Supreme Court for a final decision.
Left-Leaning Legal Groups
Several left-leaning legal organizations have pledged to pursue these challenges. However, the ultimate success of their efforts remains uncertain. It’s unclear whether state election officials, who make the initial decisions on ballot listings, will support these challenges before court proceedings begin.
The Potential Impact
Even if Trump were excluded from the ballot in just one state, it could severely impact his chances of winning. In a close election, every Electoral College vote carries significant weight and a single loss can be challenging to compensate for.
Trump Circle’s Response
Trump’s inner circle has dismissed the likelihood of such challenges, characterizing them as far-fetched and lacking a solid legal foundation. A campaign spokesperson recently compared the efforts to the ongoing legal investigations, suggesting that they’re politically motivated and overreaching.
An “Absurd” Conspiracy Theory
Speaking to Axios, a Trump campaign spokesperson said: “The people who are pursuing this absurd conspiracy theory and political attack on President Trump are stretching the law beyond recognition much like the political prosecutors in New York, Georgia, and D.C.”
The Role of January 6th Riot Convictions
One argument made by Trump’s supporters is that none of the individuals convicted in connection with the January 6th attack have been directly charged with engaging in rebellion or insurrection. However, Proud Boys leader Enrique Tarrio was convicted of seditious conspiracy, which could potentially be used in the legal battle against the Trump campaign’s defense.
Legal Theorist Jonathan Turley
Conservative legal theorist Jonathan Turley agreed with the aforementioned argument. Turley claimed that Jan 6th was “a protest that became a riot” and brushed aside any more serious ideas. Moreover, he asserted that Trump’s speech just moments before the violence started was not, in fact, incitement. In a Fox News interview, Turley expressed strong concerns about the concept of Trump being barred from taking office and described the idea as “not simply dubious but dangerous.”
A Contrasting View
On the other hand, two other well-regarded experts in constitutional law, Professor Lawrence Tribe and former federal judge J. Michael Luttig, have taken a different stance on the matter. They’ve recently spoken to the media to advocate for the proposal and defend its legal foundation.
There Is Substantial Evidence
The pair have said in various interviews that there is substantial evidence to back up the claim that Trump provided support to entities opposed to the US government. Moreover, they anticipate this issue will be taken seriously in the courts.
One of the Most Fundamental Questions
Luttig, during a recent appearance on MSNBC, emphasized the profound significance of the matter. He said: “This is one of the most fundamental questions that could ever be decided under our constitution. It will be decided by the Supreme Court of the United States sooner rather than later – and most likely before the first primaries.”
Left vs. Right
Trump and the 14th Amendment is a subject that has been discussed incessantly in recent weeks. Opinions on the matter vary hugely, with left-wingers largely agreeing with the idea of challenging his ability to run for office and right-wingers often condemning it.
The Internet’s Thoughts
The debate quickly made its way to the internet where it’s been raging ever since. “He engaged in insurrection, was an active participant in and applauded others that were also engaged in insurrection and rebellion. The law is pretty clear on that and should be applied equally to all those traitorous skunks,” one person said.
A Mob of Insurrectionists
Others struggled to imagine a decision in which the former president isn’t barred from running for office once more. One individual wrote: “If Trump doesn’t fit the 14th Amendment disqualification then really who will? The guy set a literal armed mob of insurrectionists to try to overthrow the democratically elected government.”
Holding Everyone Accountable
Some people pointed out that the 14th Amendment could extend beyond the former president. “Not only Trump. The 14th Amendment should apply to every single elected official in this country who supported and aided the insurrection. If we don’t hold everyone accountable then the constitution and laws are moot and pointless,” one person said.
Comforting and Aiding
Plenty of people felt the clause’s relevance was undeniable. One individual said: “Even if you want to argue he wasn’t an insurrectionist himself, he absolutely comforted and aided it. He would probably even admit to doing so himself were he unaware that those words would be used against him to legally remove his ability to take office.”
Twisting the Constitution’s Words
Trump’s supporters felt that his words on Jan 6th did not amount to incitement and, as such, said that the 14th Amendment’s clause shouldn’t apply. One said: “President Trump did not participate in the insurrection nor did he incite or aid it. Liberals are twisting the words of the very fabric of our nation!”
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