Conservative Legal Scholars: Trump Is Barred From Office for His Role in Jan. 6

But legal experts and historians have argued that Trump is disqualified for office under Section 3The clause states that “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...

“It can and should be enforced by every official, state or federal, who judges qualifications,” Baude and Paulsen argued, rejecting the notion that the First Amendment shields those who have engaged in or incited insurrection from disqualification under Section 3. The clause, the pair added, “covers a broad range of former offices, including the presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”

John Bonifaz, co-founder and president of Free Speech for People, called the new paper a “must-read for every secretary of state” and “chief election official in the country.” “As this article makes clear, they must follow the mandate of 14.3 [and] bar Trump from the ballot,” BonifazFree Speech for People is one of several advocacy groups preparing to take legal action if Trump is not disqualified.that “overwhelming evidence establishes that President Trump was the central cause of and a participant in the insurrection.

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