Democrats Introduce Bill to Bar Trump From Presidency

Lawmakers cite the 14th Amendment's 'Insurrection' Provision

By Adrian Norman  |  December 16, 2022

House Democrats have introduced legislation that seeks to bar former President Donald Trump from holding federal office, including the presidency, under the U.S. Constitution’s 14th Amendment.

Section 3 of the Fourteenth Amendment of the U.S. Constitution states, “No person shall … hold any office, civil or military, under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States … 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.”

The 40 lawmakers, led by Rep. David Cicilline (R.I.), who introduced the bill on Nov. 15, argue that Trump engaged “in insurrection against the United States” based on his and his team’s handling of the events surrounding the protests at the Capitol on Jan. 6, 2021.

“Donald Trump very clearly engaged in an insurrection on January 6, 2021 with the intention of overturning the lawful and fair results of the 2020 election. You don’t get to lead a government you tried to destroy,” Cicilline said in a press release.

“Even Mitch McConnell admits that Trump bears responsibility, saying on the Senate floor that ‘[t]here’s no question, none, that President Trump is practically and morally responsible for provoking the events of the day,’” he added. “The 14th Amendment makes clear that based on his past behavior, Donald Trump is disqualified from ever holding federal office again and, under Section 5, Congress has the power to pass legislation to implement this prohibition.”

The bill relies almost exclusively on testimony given to the Jan. 6 Committee during hearings on the event following the 2020 election. But, Democrats may face an uphill battle, as Trump has not been charged or convicted under 18 USC 2383, as noted by talk show host Andrew Wilkow.

The legislation comes a month after Cicilline circulated a letter to build support for the plan to block Trump from being able to return to the White House.

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