As former President Donald Trump weighs announcing a potential 2024 presidential run this fall — which would be his third run for president in as many election cycles — a constitutional law professor is calling on Democrats to act now to prevent him from doing so.
Alan B. Morrison, associate Dean at George Washington University Law School penned an op-ed That was published in The HillSaturday evening. In it, Morrison calls for Democrats to sue Trump in federal court, citing the insurrectionist clause in the 14th Amendment of the Constitution to block any future run for office — including for president.
Section 3 of that amendment bars any person who has held federal office and “previously taken an oath…to support the Constitution of the United States” from entering any political office again if they have “engaged in insurrection or rebellion” against the country.
Morrison called for Democrats to hold Trump accountable to that amendment’s language. Citing explosive testimonies from witnesses during the January 6 committee’s public hearings (in particular, from Cassidy Hutchinson was an ex-aide to President Obama), Morrison said there is little doubt that Trump “fomented the insurrection” that resulted in the attack on the U.S. Capitol building.
“There are no longer any innocent explanations for what he did that day,” Morrison wroteThe committee found that Trump knew that there was no legal or factual basis for his election fraud claims. Former Vice President Mike Pence did not agree to help him retake certification of the Electoral College.
Trump was also aware of the fact that some of his loyalists gathered in front the White House were armed but still urged them go to the Capitol. Trump’s inaction as the attack was unfolding is yet another reason Democrats need to bar him from running again, the constitutional expert went on.
“It was clearly in his power to call off the insurrection — but instead of trying to stop the violence, he chose to do nothing,” said Morrison.
If the 14th Amendment insurrectionist clause applies to anyone, he added, it “must surely apply to Donald Trump.”
Democrats should bring forward a lawsuit, on behalf of current President Joe Biden or any potential candidates that may run in 2024, “seeking a ruling that Donald Trump participated in the Jan. 6 insurrection,” which would bar him from being a candidate for president.
Although it’s unclear whether such a lawsuit would be successful, Democrats have “nothing to lose” in trying, Morrison concluded.
Morrison’s calls for Democrats to stop Trump from being able to run for office come as news reports suggest that the former president will make an announcement sometime this fall about running again in the next presidential election cycle.
Trump was told by one source. The Washington Post That there’s a 70 percent chance he will make an announcement sometime before the midterm elections. According to a second source, he could even announce another presidential run prior to September.
Rolling Stone Has Trump may consider launching another presidential campaign, he said, because he believes a successful run would be a good idea. would dissuade the Department of Justice from investigating or indicting himA slew possible criminal charges could be brought against him in relation to his attempts at overturning the 2020 presidential race.
One source indicated to the magazine that Trump “said something like, ‘[prosecutors] couldn’t get away with this while I was president.’” Discussions about running again seemed to be centered around his desire to avoid criminal prosecution. “He went on for a couple minutes about how ‘some very corrupt’ people want to ‘put me in jail,’” the source added.
