Authored by Debra Heine via American Greatness,
Two Democrat legal experts are calling on Congress to take immediate action to prevent President-elect Donald Trump from taking office, citing Section 3 of the 14th Amendment.
Evan A. Davis, the former editor in chief of the Columbia Law Review and David M. Schulte, the former editor in chief of the Yale Law Journal, called for Trump’s disqualification in an opinion piece for The Hill, citing Section 3 of the 14th Amendment.
Davis is a New York City attorney and a former president of the New York City Bar Association. He worked on the U.S. House Judiciary Committee impeachment inquiry staff during the impeachment process against Richard Nixon.
Schulte is an investment banker and good friend of Barack Obama. He owns the oceanfront Martha’s Vineyard home where the Obama and his family used to vacation when he was in office.
Section 3 of the 14th Amendment bars individuals who have engaged in insurrection or rebellion against the United States, or given aid or comfort to its enemies from holding “any office, civil or military.”
In a unanimous decision last March, the Supreme Court tossed out a Colorado court decision that barred Donald Trump from appearing on the state’s Republican presidential primary ballot. The lower court had based its decision on 14th Amendment provision.
In their 9-0 ruling, the Supremes concluded that “states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”
But Davis and Schulte argue that evidence of Donald Trump engaging in “insurrection” is “overwhelming” and that Congress has the authority to block Trump from being inaugurated under the Constitution and the Electoral Count Act of 2022.
The act, which was intended to prevent another January 6 scenario, added certain procedures for the counting of electoral votes following a presidential election.
In January 2021, the then-Democrat controlled House of Representatives impeached Trump for “incitement of insurrection” following the January 6 Capitol riot, but the Senate acquitted him, falling short of the two-thirds majority needed for conviction.
The Democrat lawyers argue that the majority (57-43) vote in the Senate supports their case for disqualification under the 14th Amendment.
They say that any votes cast for Trump should be deemed “not regularly given” due to his alleged disqualification.
“Democrats need to take a stand against Electoral College votes for a person disqualified by the Constitution from holding office unless and until this disability is removed,” the Davis and Schulte wrote.
“No less is required by their oath to support and defend the Constitution.”
Most legal experts however agree that the notion of Republican lawmakers supporting a move that could elevate Kamala Harris to the presidency is highly improbable and at the moment, Democrats just don’t have the stomach for such a fight.
“Republicans and Democrats seem to agree they’ll give Trump the smooth, drama-free transfer of power he denied Democrats in 2020,” Politico reported Thursday, adding “top Democrats say they have no plans to stand in the way of Trump’s victory — and they’re not even sure their rank-and-file colleagues will make the token objections they’ve lodged in years past.”
Tyler Durden
Sat, 12/28/2024 – 19:50
