George Washington University law professor Jonathan Turley said efforts to block former President Donald Trump using the 14th Amendment were “the single most dangerous constitutional theory” he had seen.
An article by William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St Thomas slated to be published in the University of Pennsylvania Law Review suggests that Trump may be ineligible to run for president in 2024 due to his efforts to contest the 2020 election. A similar effort to disqualify then-Republican Rep. Madison Cawthorn of North Carolina for allegedly supporting the Jan. 6, 2021 riot at the Capitol building was revived by the United States Court of Appeals for the Fourth Circuit in May 2022, according to the American Bar Association Journal.
“I think this is the single most dangerous constitutional theory I have seen pop up in decades,” Turley told Fox News host Laura Ingraham. “I mean, this is an argument that under the 14th Amendment, Donald Trump can be barred from running again, ever holding office in the federal government because he violated his oath. He supported an insurrection or rebellion.”
“Under the 14th Amendment, you have this bar on federal office, if you supported or if you gave aid and comfort to an insurrection or rebellion,” Turley continued. “Now, of course, that brings you to the original question. What was January 6th? In the view of many citizens, including myself, it was a protest that became a riot. It was not a rebellion or insurrection. But that’s a matter of disagreement between citizens. But Donald Trump hasn’t been charged with insurrection, not even incitement. Special Counsel Jack Smith charged him with a variety of crimes like fraud. He notably did not charge him with even incitement.”
Trump pleaded not guilty to all charges during his Aug. 3 arraignment after special counsel Jack Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election. A grand jury in Fulton County, Georgia handed down indictments Aug, 14, charging Trump and other associates over Trump’s efforts to contest the 2020 election results in that state.
Harold Hutchison on August 22, 2023