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January 10, 2022

Dems Quietly Explore Banning Trump From Office

According to a report from The Hill, some Democrats have been quietly exploring if they could permanently prevent former President Donald Trump from holding office again, using a post-Civil War amendment.

After the January 6 Capitol riot, calls for Congress to bar Trump from office peaked and have since dwindled. But some are still discussing potentially applying Section 3 of the 14th Amendment.

“If anything, the idea has waxed and waned,” Laurence Tribe, a constitutional expert at Harvard Law School, told the outlet. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.” 

The Hill reported, “around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply.”

Recent inquiries include the offices of Rep. Jamie Raskin (D-MD), Rep. Jerry Nadler (D-N.Y.), and Rep. Debbie Wasserman Schultz (D-FL).

“I continue to explore all legal paths to ensure that the people who tried to subvert our democracy are not in charge of it,” Wasserman Schultz told the outlet.

Section 3 of the 14th Amendment says those who “have engaged in insurrection or rebellion against the same” are disqualified from holding office in the future.

“The point is that the constitutional purpose is clear, to keep people exactly like Donald Trump and other traitors to the union from holding public office,” Raskin told ABC News on February 17, 2021. Raskin, a former constitutional law professor, sits on the January 6 House Select Committee.

From The Hill‘s report:

Most constitutional scholars who spoke to The Hill think the provision is not “self-executing.” In practical terms, that means applying Section 3 to Trump would require an additional step by lawmakers to make the 14th Amendment operative. 

Some scholars believe that Congress, by a simple majority in both chambers, could act on its own to find Trump engaged in insurrection, which would implicate the constitutional provision. Under the 14th Amendment, restoring Trump’s eligibility would then require a supermajority vote. 

Other experts, like Tribe of Harvard, say Congress would need to go further, either by establishing a neutral fact-finding body to determine whether Trump engaged in insurrection under Section 3, or assigning that fact-finding role to a federal court.

Whether a push to use the 14th Amendment to disqualify Trump gains traction may depend on what the House panel ultimately determines about his involvement in the incident, Tribe said.

“Once that committee makes clear, as I trust it will, that what took place was indeed an insurrection that triggers Section 3 of the 14th Amendment and that supports criminal prosecution by DOJ of those responsible, it is difficult to imagine this not becoming a logical next step,” Tribe said. 


Source:

Democrats quietly explore barring Trump from office over Jan. 6 

46 comments on Dems Quietly Explore Banning Trump From Office

  1. Lisa says:

    it was NO INSURRECTION…but since piglosi is in charge of that sham, hoax committee, they WILL find a way to bar Trump from running which is complete bullshit…NOT ONE PERSON was charged with “insurrection”…this is so political I just can’t stand it…EVERYONE knows that it is a hit job on Trump…as for trespassing for most of these political prisoners, why don’t they arrest the thug that KNOWINGLY removed the fence, that is what they are being charged for mostly…FJB, F nasty nancy, F that committee, F our corrupt gov’t…YOU ALL SUCK

    1. Hammer says:

      That’s why the country is in this mess, because morons like you believe all the BULLSHIT as you call it, that sick f— (Trump) has you believing, I quote ” Go take back your country or you won’t have one” I’ll be right there with you. (I don’t remember seeing his chicken shit face in any of those mob pictures on the news) and since when did this become YOUR country, If I remember correctly this country belongs to every American living in it. If all that rioting going on, the beating of the police, looking for people to hang on the gallows outside the capitol, was just trespassing then it shouldn’t bother any Republican to give anything the “hoax committee” it needs to show it wasn’t an insurrection. If you want to talk corrupt government, how about taking women’s rights away to have an abortion, (Republicans) how about changing all the voting laws to make it harder for people to vote, (Republicans) how about spreading lies about being robbed when several high ranking GOOD. republicans and 26 court’s said there was nothing wrong with the election. If you think the committee is a sham, what do you call what that sick f— and his idiot followers are trying to pull. STOP BEING SO NAIVE!!!!!!!!!!!!!

      1. jim ley says:

        My, what a drone. Be careful, leftist fool. When the shift comes back from the Socialist drunken street party you COULD find YOURSELF the target. Remember: “Those who live in glass houses” is a warning for such self-righteous asses. AND, clean up your language… who do you think you are, other than a leftist sycophant.

      2. Jj says:

        Your full of sh__
        Let’s Go Brandon

        1. CatB says:

          JJ

          I agree!

      3. Scott says:

        Hey DIPS*IT, I’ll give you a dollar for every good thing Biden has done and you give me a dollar for everything good Trump did in office and we will see who gets richer? BTW there were MORE than enough people there to take over the House and Senate if that was their intention. Why were , on video, police directing those people into places in the capitol? Did anyone say they were taking over? Were any politicians detained or assaulted? The only act of terminal violence was an unarmed person shot and killed by the police, if you pull your head out of your ass you might see better. Lastly, the murder of an INNOCENT unborn child is not a RIGHT, it is murder.

      4. KK says:

        I think maybe you should do your research Hammer. You will be on your way to Hell soon. Good luck there. Everything you said is complete BS. You obviously don’t do your due diligence on facts. Sheep being led to slaughter. By the way, look at the data about voting, once again you are wrong. People like you, can NEVER admit being wrong. Self entitled brat. Look at ALL the evidence before opening your mouth please.

      5. Recce1 says:

        You’re certainly not naive! But it seems you’re a seditionist socialist Democrat who has little if any understanding of the Constitution,history, or the law. We Deplorables are protesting the dismantling of the Republic, the disregard for tan exegetically interpreted Constitution, the tyrannical mandates, and the abject corruption of the Democrats regarding the MASSIVE voting fraud.

        Our country is in a mess because the socialist Democrats and the progressives are pushing for a socialist welfare nanny one-party authoritarian state. They’re promoting Democracy over republicanism. They’re advocating for a “living” constitution that can mean anything or nothing.

        We Deplorables on the other hand are demanding a return to a democratic (VERY small d) REPUBLIC with an exegetically interpreted Constitution under a Free Market capitalist economy with true contract law. We’re demanding the federal behemoth return to Article 1, Section 8 of the Constitution. We’re demand politicians and the Courts abide by the Bill of Rights. We’re demand voting laws preventing illegals, criminals, and the unregistered from violating voting procedures. We’re demanding the same for holding jobs in the US. Thus we support both Voter ID and E-Verify. We reject the rejection of Courts to follow the proper procedures for CIVIL lawsuits to allow Discovery so as to avoid the issue of the voting fraud that did occur.

        We Deplorables deplore the 1/6DC RIOT partly led, instigated, and egged on by agent provocateurs for ANTIFA, BLM ,and the FBI. We mourn the injuries suffered by the police as well as those killed by the police. We deplore Pelosi’s stacking the Committee both with Trump hating politicians and staff members. We deplore the two sham impeachments of Trump and the desire for 3rd one after he was out office. And we deplore the attempts to make us a socialist welfare nanny state with a one-party authoritarian behemoth.

        By the way, how is outlawing abortion FOR THE SAKE of CONVENIENCE a matter of corruption? Isn’t prevaricating about the law really corrupt? And why isn’t advocating abortion for population control, including reducing certain minorities, considered corrupt?

        However, I won’t ask you to stop being naive. Rather, I will ask you to stop prevaricating and resorting to puerile vulgarity.

      6. AAAuggie says:

        Try comparing Trumps last two years, because he was fixing obummers mess the first two, to this albatross brandon first year.
        I’d clue you in, I’m sure your smart enough to take on the assignment.

      7. Dave says:

        Screw you Hammer! You are so full of it why don’t you just go live somewhere else? This country doesn’t need anyone with such a sorry attitude and no positive solutions.

        1. Cindy says:

          Do you really think he will move out of mommy and daddy’ basement. Another socialist perfectly content to live off the government.

      8. scd says:

        Hommer your a moron.

      9. mm says:

        Just because 26 local courts did not find anything under each jurisdiction / proceeding really doesn’t mean the election wasn’t rigged on a larger much more sophisticated scale. Stop being so naive

      10. Joe says:

        Hammer, I guess you would prefer to have this country as a Socialistic one for if you are a Dumbocrat lover, I would love for you to inform me as to why thousands of people are leaving their country which is ruled as a socialistic country and wanting to travel to the USA if this country is going to be ruled by the few and not by its people? In my opinion, you are one crazy nut job, period.

    2. Scott says:

      Did anyone take up permanent residence in the Capitol, NO. Did anyone go into the floor of the House and declare they were taking over, NO Were any members of the House or Senate detained, arrested or assaulted in any way, NO Please tell me how this was an “Insurrection”?

      1. Recce1 says:

        It was an insurrection because unarmed DEPLORABLES were deploring the results caused by Democratic fraud. That’s not permitted under the Constitution. Capisce?

        (sarcastic fun disparagement) But thumbs up for pertinent germane inconvenient questions!

      2. Blondie says:

        The only part still missing is definition of insurrection. Not one single individual has published the definition. They can’t, because, the definition doesn’t fit their BIAS narrative. Dumb get dumber. Just like Leticia James, determined, to have Trump investigated & says she won’t stop until it happens & he is found guilty. People like all of these & James, holler the loudest to keep people from investigating them. James might want to think twice about her accusations as someone just might decide to pull all the skeletons out of her closet. No telling what one could find.

    3. Ollie says:

      Just ban the Republican party

  2. DEMOCRATS WOULD LOVE TO BAN ANYONE FROM RUNNING FOR ELECTION THAT THEY DON’T CHOOSE!!! THEY ARE COMMUNISTS !!!

  3. Gerald Ladd says:

    Funny how they over look the drooling fool in the WH ruling by executive fiat.

  4. PAUL W SCHWARTZ Jr says:

    If The Dems. would pay more attention to how our Country is ran & what shape we’re in , instead of worrying abt. Trump 24/7 , maybe we all would be in better shape.

    1. Hammer says:

      Don’t you mean the REPUBLICANS, the Dems. are still trying to clean up the shit that twice impeached piece of shit left, if HE paid more attention to what was going on instead how many people liked him (here’s a big one, almost 500,000 dead) because he thought he was better than the rest. When you grow a brain then you can THINK about what your saying before you say it.

      1. Robert Walls says:

        First off you ignorant Democrat Trump was NOT twice impeached nor were 500,000 dead because of Trump but then that would mean you would actually have to have a BRAIN instead of just listening to Democrat talking points oh well I know there is no hope for you to actually think for yourself so just crawl back in your mom’s basement and let your brain decay a little more

      2. KK says:

        Trump derangement Hammer. I hope you have no children, they deserve a better future than you obviously want for them. People like you have so much hate in your heart, its people like you destroying this Country and the freedoms we fought for. Again you probably never served in the Military, you wouldn’t be able to handle it.

        1. Beartrap says:

          Well done, KK. He’s not a vet. I did serve (Nam vet-Navy), and probably you did, too, at one time in your life.

          1. Recce1 says:

            Than you for your service. My father-in-law was Navy but he allowed this Army brat and Air Force wannabe to marry his lovely daughter.

      3. Recce1 says:

        I suppose you find Trump’s efforts to ban illegals from invading our country and receiving benefits even citizens don’t get wrong. I also suppose you believe his efforts to stop entry from dangerous nations, from the country that intentionally developed the COVID virus to use as a bio-weapon against the West including the US, to change the immigration laws to serve the needs of our nation, to bring back corporations to America, to get us out of endless wars, to initiate a defense against COVID, to secure proper voting and employment procedures (Voter ID and E-Verify) and to return to constitutional law interpreted exegetically were wrong.

        No, Paul was right on target. But progressives deplore that.

        A conservative Deplorable constitutionalist curmudgeon

  5. Joe says:

    The FBI blew up there insurrection, they have nothing on Trump, but total TDS, which is incurable, and will eventually kill u, if help isn’t sought. Prepare for a red tsuanami, that will make the radical,liberal,socialist,marxist,dumbocrap, party irrelevant for years to come. They are the enemy of the american citizen, and we need to make sure they lose all their power and control over our lives.

  6. Linde Barrera says:

    The Deep State and The Swamp hate Donald Trump. He is a businessman and not a lawyer. LAWYERS=LOOPHOLES, don’t ever forget that! Trump also had to work with some plants (not the green growing variety) and those
    were a big disappointment, not just for him but the American people. Please remember that Dems are best at this: spewing propaganda. Nobody does this better than DemoncRATS. ????

  7. Bob Yormick says:

    I think Lisa’s post is very true & correct.
    ” NOT ONE PERSON was charged with “insurrection” so if that charge is not a part of any arrests,
    how can an ” INSURRECTION ” have taken place.
    I guess this must follow the logic of the left that since no-one has ever been
    charged with rioting or property destruction, that never happened either. So any insurance
    claims by anyone who had property destroyed doesn’t have to be paid, since
    NO ARRESTS, NO CRIME. Same holds true for all the ” smash & grab ” crimes. So fellow
    citizens, go do whatever you want, but DON’T get caught, cause if your NOT caught, you never committed
    a crime.

  8. Chooch says:

    Under that amendment the majority of congress particularly the democommunists who tried to impeach the President twice and staged a so called insurrection to try to discredit President Trump further would be ineligible to ever hold public office again

    1. Recce1 says:

      Sadly, the seditionist socialist Democrats DID impeach Trump twice, just as the Republicans impeached presidents Andrew Johnson and Bill Clinton.

      Please remember that the removal process is two fold. FIRST a person is impeached by the House (an INDICTMENT only). SECONDLY, the Senate tries them. If convicted by the Senate out of office and can be barred from holding federal office again. Such has NEVER happened to any president, although Nixon would’ve likely been the first had he not resigned.

      By the way, the seditionists wanted to impeach Trump a THIRD time after he was out of office, something not allowed by the Constitution. Of course they didn’t give a fig about the Constitution.

      As for the true insurrection you refer to, I often ask, was it not only sedition, but could it have been treason according to the narrow interpretation of the law for some involved?

  9. There is simply not a shred of evidence that Trump encouraged anyone to go into the Capitol where we have absolute proof that Ray Epps of the FBI did. The only evidence they have discussed is how quickly he asked his supporters to leave and that was pretty quick. There is also clear evidence Trump wanted the National Guard on duty that day to protect Congress but Pelosi who is in charge of security denied it. If anyone should be charged with insurrection it is Pelosi.

  10. Shamus says:

    This is a garbage web site, under the pretenses of being “American”.

    1. Recce1 says:

      Is that because it doesn’t spread PROGRESSIVE propaganda? Do you even comprehend what it is to be American?

  11. Chris Berg says:

    “If anything, the idea has waxed and waned,” Laurence Tribe, a constitutional expert at Harvard Law School, told the outlet. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”

    The Hill reported, “around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply.”

    Recent inquiries include the offices of Rep. Jamie Raskin (D-MD), Rep. Jerry Nadler (D-N.Y.), and Rep. Debbie Wasserman Schultz (D-FL).
    WHY are all these socialists members of the same religion? Just wondering…

    1. Recce1 says:

      Because socialism, like Islam, IS an intolerant dictatorial religion.

      1. Glen says:

        Reccel,

        Very true, they want control of your life from conception to casket.
        Islam even tells it followers how to go to the bathroom, and how husbands and wives are supposed to have sex. I say have sex, because love and feelings are not supposed to be considered.

  12. Quentin Holt, Deplorable Thought Criminal says:

    The perfidy of the Demo’rat scum is beyond my previous capacity to imagine. Betimes I wonder if they, themselves are victims of their own lies. I think that when one lies habitually over a long enough period of time, he or she loses the concept of truth. Their image of truth is whatever serves their goals for people to believe. It is the Demo’rat scum and the RINO scum who are the true insurrectionists. The Donald is a patriot. The Demo’rat death cult is exposing itself more and more by outrageous plots like the one described in this article.

  13. CharlieSeattle says:

    The only disturbances and crimes committed at the U.S. Capitol in Washington, D.C, on Wednesday, Jan. 6, 2021 were planned, staged and carried out by the seditious DNC/FBI/DC Capitol Police/ANTIFA crisis actors. …like FBI plant Ray Epps!

  14. James Riley says:

    They need to remember what they ask for. I don’t think many of us people out here will stand for it unless there is a truly transparent investigation done. And I have my suspicions of what they will really find if one is conducted. It wouldn’t be trump that is barred from office.

  15. Major Kong says:

    The only people who are trying to subvert justice are the democrats…..

  16. James Larrabee says:

    The insurrection plot had already been debunked. Pelosi was the lead person that day and she turned down the offer of calling in the national guard that Trump had assembled. Nancy, take your lumps as you know they are yours to take. That might be the only way you can gain some respect.

  17. PeteM says:

    That scumbag Raskin is up to his eyes in COMMUNISM! His old man was a COMMIE and he is too!

  18. John Taylor says:

    Raskin, Pelosi and others are the only true TRAITORS and INSURRECTIONISTS on capitol hill!!

  19. CharlieSeattle says:

    The RINO’s will support Pelosi’s coming Jan. 6 insurrection conviction for Trump.

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