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.