Attempt to bar Trump from 2024 ballot gains steam despite ‘dubious’ and ‘dangerous’ legal arguments: experts

Some on the right and some on the left argue that former President Trump could be disqualified from participating in the 2024 presidential election. Some legal experts dismiss this theory as not only implausible, but potentially dangerous.

According to legal theory, the 14th Amendment to the U.S. Constitution, Section 3, the “disqualification clause,” prohibits the participation of individuals who “participated in riots or insurrections” against the United States, or assisted those involved in such conduct. Trump could be barred from polling places. From the holding office.

The article also includes a provision allowing Congress to “remove such obstacles” by a “two-thirds vote” of each house.

But legal experts say the disqualification argument is groundless.

Jonathan Turley, a law professor at George Washington University, said there were “genuine arguments to support this claim” but viewed the theory as “not just questionable, but dangerous.”

New Hampshire Ballot Received by State Republican Leaders Pushes Ban on Trump

Proponents of blocking former President Trump’s ballot point to Section 3 of the 14th Amendment to the U.S. Constitution as a way for states to bar the former president from participating in the ballot. (Sam Wolfe of The Washington Post via Getty Images)

“This amendment was written to address people who actually rebelled and caused hundreds of thousands of deaths,” Turley said. “Supporters will expand the reference to ‘mutiny or rebellion’ to include unsubstantiated allegations and allegations related to election fraud.”

Turley, a long-time critic of Trump’s January 6 speech, said he sees the Capitol riot that day as “a protest that turned into a riot.” Turley said that definition is crucial to applying the 14th Amendment to the U.S. Constitution, and that Trump has not been convicted of rioting or sedition.

“Trump can be barred from the vote without any charges, let alone a rioting or mutiny conviction, according to these supporters,” Turley said.

Jonathan Turley

Jonathan Turley, a law professor at George Washington University, said, “I have long rejected this hearing because it violates the text and history of the 14th Amendment.” (Fox News)

Turley said supporters “argued that no action was required from Congress,” and that “state and federal judges would not allow those perceived to be supporting the rebellion through their election challenges or allegations.” We just need to ban the activities of

Hans von Spakowski, Senior Legal Fellow at the Heritage Foundation, told Fox News Digital that he believes there is no legal basis for keeping Trump from voting under the 14th Amendment.

Von Spakowski said liberals had made similar claims to conservatives ahead of the 2022 midterm elections, citing the Jan. 6 riots.

“They were all failures,” von Spakowski said. “And all the discussion I’ve seen about this ignores the fact that no one is talking about the 14th Amendment, Section 3, as if it currently exists. Masu.”

Von Spakowski noted the two-thirds vote provision, which allows Congress to “remove such obstacles” under the disqualification clause, arguing that Congress had already removed the provision. .

Former President Donald Trump

Hans von Spakowski, Senior Legal Fellow at the Heritage Foundation, told Fox News Digital that he believes there is no legal basis to keep Trump from voting under the 14th Amendment. (Eva Marie Uzkategi/Bloomberg via Getty Images)

“In 1872 they… passed the Amnesty Act, which removed the disqualification of Article 3, with certain exceptions, such as those who served in the two Congresses just before the Civil War, and military men.” He was in the military and served in the Confederate Army,” said Von Spakowski.

“In 1898, Congress passed a second Amnesty Act that abolished all these exceptions altogether,” he added. “So the disqualification clause is gone. It’s no longer valid.”

Calls to Ban Trump from Vote Gaining Momentum

But despite the challenges, some legal scholars say there are ways to block Mr. Trump’s vote, and the idea continues to attract attention.

“This shouldn’t be a partisan issue,” Michael Sausan, senior fellow at the Center for American Progress Action Fund, told Fox News Digital.

“Following the explicit language of the Constitution, Donald Trump and other officials involved in the Jan. 6 riots will be disqualified from future public office,” Sozan argued. “This conclusion is supported by widely respected constitutional experts across a spectrum of ideologies.”

“There are multiple ways to formally implement Section 3 of the 14th Amendment. The easiest way is for state election officials to disqualify Trump from appearing on state ballots. No doubt this will be contested in court, but if there is a Supreme Court,” the judges are serious about applying the plain language of the Constitution and will agree to disqualification. “

But Fox News contributor Sol Wisenberg, a former independent deputy adviser, said there is no guarantee that even if an effort to remove Mr. Trump from the ballot begins, it will succeed.

Weisenberg told Fox News Digital that “there are legal avenues for states to try to remove Trump from the ballot,” but “I believe it will fail.”

“This matter will go to federal court, because at least Democratic state officials will likely decide to remove Trump from the ballot,” Weisenberg said. “This case will proceed fairly quickly to the U.S. Supreme Court.”

“A court may hold that a presidential candidate cannot be excluded from the presidential ballot unless: 1) it establishes a judicial process for determining whether the candidate has engaged in mutiny or rebellion; , any valid bill passed by Congress, and 2) ) an actual trial under that law,” Weisenberg continued.

Member of Parliament

Von Spakowski noted the two-thirds vote provision, which allows Congress to “remove such obstacles” under the disqualification clause, and argued that Congress had “removed” this provision. (Javin Botsford/Washington Post via Getty Images)

“One such law has already been enacted, and that is Title 18, United States Code Section 2383, which covers rebellion or rioting,” he added.

Title 18, United States Code, Section 2383, states, “Anyone who incites, initiates, assists, or engages in rebellion or insurrection against the powers or laws of the United States, or gives them assistance or comfort, shall be fined. shall be imposed.” shall be executed under this title, or imprisoned for not more than ten years, or both, and shall be incapable of holding any office under the United States. “

Several states have called for Trump to be banned from voting, but the proposal is unlikely to be adopted.

Arizona Secretary of State Adrian Fontes said on a podcast this week: State Supreme Court Decision “There is no statutory process in federal law to enforce Section 3 of the 14th Amendment,” and “it cannot be enforced.”

“That’s what the Arizona Supreme Court said, so that’s the state of law in Arizona. Now, do I agree with that? No, that’s stupid,” Fontes said, adding that Arizona “does the law.” ‘ said. he doesn’t agree with that.


Moreover, despite being a vocal critic of the Republican Party, Former President Donald TrumpNew Hampshire Governor Chris Sununu, along with other state party officials, has distanced himself from long-term efforts to keep Mr Trump out of the presidential vote.

Prominent Republican and Attorney Bryant “Corky” Messner, who won the 2020 Republican Senate nomination thanks to President Trump’s endorsement, will petition President Trump to put his name on the presidential run later this year. If so, we are considering litigation. New Hampshire Primary Ballot.

Messner has openly questioned the former president’s eligibility to run for the White House, citing Section 3 of the 14th Amendment to the US Constitution. Under the article, a person who has taken an oath of support for the Constitution is ineligible to hold public office again if he “participates in a riot or insurrection” against the United States or “provides aid or comfort to the enemies of the United States.” It is about depriving.

Fox News Digital’s Paul Steinhauser contributed reporting.

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