Report: Democrat Seeking to Use 14th Amendment to Bar Trump From Office

Representative David Cicilline is seeking to invoke an obscure section of the 14th Amendment to bar Donald Trump from ever holding office again.

Cicilline, a Rhode Island Democrat, is specifically citing the former President’s alleged involvement in “inciting an insurrection.”

He sent a letter to colleagues outlining a bill and requesting co-sponsors for the measure that “would prevent Donald Trump from holding public office again under the Fourteenth Amendment.”

Cicilline circulated his letter on the same night Trump announced his campaign for the presidency.

RELATED: Democrats Attempting To Use 14th Amendment To Bar Trump From Office

Using the 14th Amendment to Bar Trump

Is there an Amendment the Democrats haven’t used in trying to keep Donald Trump out of the White House? If it’s not the 25th Amendment, let’s try the 14th.

Section 3 of the 14th Amendment is a rarely cited Civil War-era provision that bars individuals from holding office if they “have engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”

Cicilline believes the January 6 Committee has provided proof of said rebellion on the part of the former President.

He says his bill “details testimony and evidence demonstrating how Donald Trump engaged in insurrection against the United States,” and references evidence provided by the select committee hearings.

RELATED: Democrats Have A Back-Up Plan That Might Still Bar Trump From Running Again If Impeachment Fails

Flawed Logic

David Cicilline’s bid to bar Trump from office using the 14th Amendment has a couple of fatal flaws.

One, just because the media refers to a rally that got out of control as ‘insurrection’ does not make it so, especially when referencing a Civil War-era clause that was clearly referencing those who took up arms to try and fracture the United States.

Two, while Trump was impeached in January 2021 on the charge of “incitement of insurrection,” he was ultimately acquitted by the Senate.

Acquitted. End of discussion.

It’s such a sad attempt at keeping Trump out of office that one almost feels pity for Cicilline.

It’s not a unique stance, however.

The Political Insider reported back in February of 2021 that Congressional Democrats were considering utilizing the 14th Amendment to stop their primary political opponent.

The measure at the time had no support on either side of the political aisle, with Democrats preferring “to see the former president convicted in the impeachment trial.”

He wasn’t convicted, making use of the Amendment even more ludicrous.

Legal scholar Jonathan Turley has argued that invoking the measure against Trump is a “dangerous” tactic for the nation.

Barring the former President from running again in the future based on a rarely cited provision of the 14th Amendment, after having been acquitted and without a supermajority vote, could open up the floodgates for parties in power to keep their political opponents out of office.

  • 15 Democrats objected to counting Florida’s electoral votes in 2000.
  • 31 Democrats voted in favor of rejecting electoral votes from Ohio in 2004.
  • 7 different Democrats objected 11 times to certifying the results of the 2016 presidential election.

All of those Democrat lawmakers tried to overturn a legal presidential election. In 2016, it led to violent riots in the streets of Washington, D.C. meant to intimidate officials. In other words, an ‘insurrection’ by the media’s phony standards.

Should those individuals also be barred from ever running for office again under the 14th Amendment?

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House Democrat eyes legislation to bar Trump from office under 14th Amendment

Rep. David Cicilline (D-R.I.) is eyeing legislation that would bar former President Trump from serving in office under the 14th Amendment “for leading an insurrection against the United States.”

Cicilline, who served as an impeachment manager during Trump’s first impeachment, sent a letter to his Democratic colleagues Tuesday night previewing a bill to prevent Trump from holding office and soliciting co-sponsors for the measure.

It is unclear when the congressman plans to introduce the bill. The listed deadline for lawmakers to co-sponsor the measure is Thursday at noon.

The Rhode Island Democrat circulated the letter the same night Trump announced his 2024 campaign for president.

“Given the proof – demonstrated through the January 6th Committee Hearings, the 2021 impeachment trial, and other reporting – that Donald Trump engaged in insurrection on January 6th with the intention of overturning the lawful 2020 election results, I have drafted legislation that would prevent Donald Trump from holding public office again under the Fourteenth Amendment,” Cicilline wrote.

Trump was impeached for a second time in January 2021 on the charge of “incitement of insurrection” following the Capitol riot, but the Senate ultimately acquitted him. The House impeached him for a first time in December 2019 for “abuse of power” and “obstruction of Congress” over revelations regarding his dealings with Ukraine, though the Senate acquitted him of both charges.

Cicilline argued that Trump should be barred from holding office under Section 3 of the 14th Amendment, known as the “Disqualification Clause,” which says individuals should not be allowed “to hold any office” if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The congressman said his bill “details testimony and evidence demonstrating how Donald Trump engaged in insurrection against the United States,” pointing to revelations from Jan. 6 select committee hearings.

“It specifically details how Donald Trump engaged in insurrection when he helped to plan and encouraged the insurgence on January 6th despite knowing that the election results were lawful; attempted to intimidate state and federal officials when they did not support his false claims and unlawful plans; tried to manipulate Mike Pence into unlawfully refusing to certify the election results, despite Mr. Pence’s and legal advisors’ assertion that he held no such authority; and supported the violent insurrection at the Capitol on January 6th, refusing for hours to denounce or act against the mob and putting thousands of lives in danger,” the letter reads.

If he introduces the bill, Cicilline will have to lay out the process for how the measure would use Section 3 of the 14th Amendment. According to the Congressional Research Service (CRS), the text is vague.

“It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question,” the CRS report reads.

“Section 3 does not expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enforce [the Fourteenth Amendment’ by appropriate legislation,’” it adds.

Trump announced his intention for a third presidential bid Tuesday night at his Mar-a-Lago resort, telling the audience at the event "we always have known that this was not the end. It was only the beginning of our fight to rescue the American dream."

"In order to make America great and glorious again, I am tonight announcing my candidacy for president of the United States," he added.

Report: Democrats Seeking To Use 14th Amendment To Bar Trump From Office

A new report indicates congressional Democrats are seeking to invoke an obscure section of the 14th Amendment to bar Donald Trump from ever holding office again.

An analysis by The Hill demonstrates that roughly a dozen Democrat lawmakers have openly or privately speculated about invoking the section to ban Trump from running for elected office.

In other words, they want to stop Trump 2024 before it even happens.

The Hill report specifically names three House Democrats – Representatives Jamie Raskin (D-MD), Jerry Nadler (D-NY), and Debbie Wasserman Schultz (D-FL) – as having discussed the possibility with leftist Harvard lawyer Laurence Tribe. 

“I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3,” Tribe told the outlet.

RELATED: Biden Calls Trump And Supporters ‘Twisted’ And ‘Un-American,’ Then Says He’ll Unite America

Barring Trump From Office

The Political Insider reported back in February that Congressional Democrats were considering utilizing the 14th Amendment to bar Trump from office.

The idea first surfaced as a result of Democrats fearing their second impeachment of the former President would not lead to conviction.

Section 3 of the 14th Amendment is a rarely cited Civil War-era provision that bars people from holding office if they “have engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”

From there, it’s easy to tie what Democrats are attempting to do with the January 6 Committee and their insistence that the Capitol riot was an “insurrection” plotted by Trump.

  1. Have the media continually refer to the Capitol riot as an “insurrection” even as nobody has been charged with such a crime.
  2. Conduct an investigation through the select committee to link Trump in some small manner to said “insurrection.”
  3. Invoke a little-known provision involving Civil War terminology for an “insurrection.”

RELATED: Democrats Have A Back-Up Plan That Might Still Bar Trump From Running Again If Impeachment Fails

Democrats Abusing Power

Jamie Raskin pursuing an effort to ban Donald Trump using the 14th Amendment through a legally weak argument of inciting an insurrection is rich.

Raskin objected to the certification of Florida’s electoral votes in 2017. In fact, House Democrats tried objecting to the certification of electoral votes for Donald Trump that year 11 times.

It’s only an “attack on Democracy” if the other guy does it.

Such arguments against the legitimacy of the 2016 election led to marches, sometimes violent, in Washington, D.C. that year.

You can watch the resulting violence below …

Raskin discussed using the 14th Amendment shortly after Trump was acquitted by the Senate.

“The point is that the constitutional purpose is clear, to keep people exactly like Donald Trump and other traitors to the union from holding public office,” he said.

Some legal scholars have claimed Democrats could get the ball rolling on this plan by voting on a censure resolution to declare Trump engaged in “insurrection.”

Bitter and obsessed Democrats could conceivably coalesce behind such a censure resolution and they wouldn’t need any help from the Republicans.

A resolution to censure Trump would require a simple majority vote to pass in the House and Senate.

The Hill though, reports that some legal experts such as Tribe believe they have to go further by “by establishing a neutral fact-finding body to determine whether Trump engaged in insurrection under Section 3, or assigning that fact-finding role to a federal court.”

Again, part of the carefully calculated political game.

Democrats rejected pro-Trump Republicans from being included on the select committee investigating the Capitol riot. Instead, they placed committed ‘Never Trump’ Republicans Liz Cheney (R-WY) and Adam Kinzinger (R-IL) on the panel.

They then promoted Cheney to co-chair in an attempt to portray the group as a ‘neutral fact-finding body.’

Trump has repeatedly hinted about another run in 2024, but has yet to officially declare.

The post Report: Democrats Seeking To Use 14th Amendment To Bar Trump From Office appeared first on The Political Insider.