ON THIS DAY IN HISTORY…
1800: Congress holds its 1st session in Washington, D.C., in an incomplete Capitol Building.

A House Democrat is circulating a potential bill that would ban former President Donald Trump from holding office under a subsection of the 14th Amendment.

Rep. David Cicilline (D-R.I.) sent a letter to other House Democrats on Tuesday night previewing a bill to bar Trump from serving in office under the 14th Amendment “for leading an insurrection against the United States.”

“Given the proof – demonstrated through the January 6th Committee Hearings, the 2021 impeachment trial, and other reporting – that Donald Trump engaged in insurrection on January 6th with the intention of overturning the lawful 2020 election results, I have drafted legislation that would prevent Donald Trump from holding public office again under the Fourteenth Amendment,” Cicilline wrote.

The congressman’s letter came the same night Trump announced his decision to run for president in 2024.

Cicilline, who served as an impeachment manager during Trump’s first impeachment, didn’t immediately specify when he plans to introduce the bill. Lawmakers have until noon Thursday to co-sponsor the legislation.

The House first impeached Trump in Dec. 2019 for “abuse of power” and “obstruction of Congress,” but he was ultimately acquitted of both charges by the Senate. Trump’s second impeachment came in Jan. 2021, with the House citing the charge of “incitement of insurrection.” Again, the Senate acquitted him.

Despite Trump’s acquittals, Cicilline argues that he should be banned from holding office under the “Disqualification Clause” outlined in Section 3 of the 14th Amendment. The clause dictates that individuals shouldn’t be allowed “to hold any office” if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Cicilline said his legislation “details testimony and evidence” from Jan. 6 select committee hearings that demonstrates “how Donald Trump engaged in insurrection against the United States.”

“It specifically details how Donald Trump engaged in insurrection when he helped to plan and encouraged the insurgence on January 6th despite knowing that the election results were lawful; attempted to intimidate state and federal officials when they did not support his false claims and unlawful plans; tried to manipulate Mike Pence into unlawfully refusing to certify the election results, despite Mr. Pence’s and legal advisors’ assertion that he held no such authority; and supported the violent insurrection at the Capitol on January 6th, refusing for hours to denounce or act against the mob and putting thousands of lives in danger,” the congressman wrote.

But Cicilline will be required to detail exactly how the bill would use Section 3 of the 14th Amendment. A report from the Congressional Research Service (CRS) determined that its text is vague.

“It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question,” the report reads.

“Section 3 does not expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enforce [the Fourteenth Amendment’ by appropriate legislation.’”

Trump declared his decision to run for president at an event at his Mar-a-Lago resort on Tuesday night. He told attendees that “we always have known that this was not the end. It was only the beginning of our fight to rescue the American dream.”

“In order to make America great and glorious again, I am tonight announcing my candidacy for president of the United States,” he said.

Source: The Hill