Some Senate Democrats are reportedly considering invoking the 14th amendment to block Donald Trump from ever running for public office again, according to The Hill.
Virginia Sen. Tim Kaine says he’s confident that Congress could act under the amendment. “It’s an idea that’s out there that I think people are contemplating in the accountability space,” he said. “I just want us to choose a path that maximizes focus on the Biden-Harris agenda.”
Sen. Richard Blumenthal (D-Conn), a member of the Senate Judiciary Committee said: “The remedies of the 14th Amendment certainly may be appropriate for someone who incites an insurrection as Donald Trump did.”
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Sen. Chris Murphy (D-Conn) said invoking the 14th Amendment is “certainly a possibility”.
“All of these are questions of first impression, in terms of constitutionality. I certainly think there is a 14th Amendment avenue separate and aside from impeachment,” he added.
House Democrats will send the one article of impeachment charging Trump with incitement of insurrection to the Senate on Monday. The article passed by a bipartisan majority in the House.
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To convict Donald Trump, all 50 Democrats in the Senate must support the measure and 17 Republicans would have to join them, which seems unlikely at this point. That’s not likely to change even though the trial was pushed back to February.
Section 3 of the 14th Amendment states : No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, 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. But Congress may by a vote of two-thirds of each House, remove such disability.
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Democrats have argued that Donald Trump should be barred from ever running for office again in the future following the Capitol attack. But, top members of the Democratic caucus are not yet convinced that invoking the 14th Amendment is the best option, The Hill reports.
The number two Senate Democrat Dick Durbin (D-Ill) is not yet sold on the idea after speaking with Sen. Kaine.
“I haven’t been convinced yet because the 14th Amendment is not explicit on how you determine whether someone participated in an insurrection. … There is a real serious question if that conviction has not taken place, whether the Congress can have a finding, or the Senate can have a finding, that they’re guilty of insurrection and whether that’s sufficient. So it’s unresolved,” Durbin said.
