Re-upping the 14th Amendment
A Florida man‘s announcement Tuesday night of his third campaign for president was so uncompelling that people felt compelled to leave. Florida Man’s staff compelled them to stay.
Meanwhile, inside the Beltway:
Via Politico:
For your radar: Just minutes before his speech, our colleague Nick Wu scooped that some House Democrats, led by Rep. DAVID CICILLINE (D-R.I.), are exploring a last-ditch effort to block Trump from returning to the presidency by invoking the 14th amendment. In case you slept through civics class, that provision of the Constitution states that anyone who “engaged in insurrection or rebellion” shall not hold public office. It’s an untested provision, to put it mildly, but watch this space in the coming days.
No, Politico, Section 3 is not untested.
After the Jan. 6 attacks, Rep. Cori Bush (D-Mo.) and dozens of Democratic House cosponsors submitted a resolution aimed at expelling several Republicans who supported efforts to overturn the election of President Biden. It went to committee to die.
Similar private efforts aimed at disqualifying Reps. Madison Cawthorn (R-N.C.) and Marjorie Taylor Greene (R-Ga.) also failed. Cawthorn lost his primary, rendering the case moot. But the U.S. Court of Appeals for the 4th Circuit ruled that the provision does apply to participants in an insurrection. Greene challenged the lawsuit against her and won. A judge found “there is no evidence to show that Rep. Greene participated in the invasion itself.”
A New Mexico District Court judge, however, ruled that an Otero County commissioner convicted of particpating in the Capitol attack on Jan. 6 was disqualified from holding office on 14th Amendment grounds. It was the first time since the Civil War that an official was removed under the provision, said Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, or CREW.
Given evidence turned up by the Jan. 6 investigation, Cicelline is trying Section 3 again (Washington Examiner):
“Tonight, Donald Trump is expected to announce his third bid for the Presidency of the United States even though he forfeited his right to ever hold federal office again for leading an insurrection against the United States,” wrote Cicilline, who led a previous impeachment against Trump for the Jan. 6, 2021, Capitol riots. “The legislation details testimony and evidence demonstrating how Donald Trump engaged in insurrection.”
One might think Trump is Democrats’ best fundraising and organizing asset going into 2024. Why attempt to disqualify him? Republicans would not if the situation were reversed. But Democrats actually mean to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” They consider that duty more important than political advantage.
So yeah, watch this space.