The Donald Trump campaign fired back at “bogus” efforts to keep him off of the 2024 presidential ballot via the 14th Amendment even as Democrat Senators Adam Schiff (D-CA) and Tim Kaine (D-VA) have continued to push the legal theory.
Kaine, the former Vice Presidential candidate for Hillary Clinton, and Schiff both revived the argument despite an Obama-appointed judge dismissing a lawsuit brought forth by a tax attorney and Democrat donor in Florida.
Section 3 of the 14th Amendment is a rarely cited Civil War-era provision that bars individuals from holding office if they “have engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”
The lawsuit was promptly dismissed by federal court Judge Robin Rosenberg on Thursday noting that the plaintiffs lacked “standing” to bring the challenge.
That didn’t stop Schiff and Kaine from seemingly coordinating their comments to further the argument, however.
Judge dismisses 14th Amendment lawsuit against Trump, rules plaintiffs lack standing.https://t.co/2NeRtLuwQg
— Mr Producer (@RichSementa) September 1, 2023
Schiff, Kaine, And the Washington Post All Make 14th Amendment Arguments To Keep Trump Off Ballot
Both Schiff and Kaine lent legitimacy to the legal theory that former President Trump could be removed from the presidential ballot for inciting a so-called “insurrection” in separate interviews this past Sunday.
In an interview with the left-leaning MSNBC, Schiff pointed out that the 14th Amendment bans those who “engaged in insurrection” from holding elected office and that it “fits Donald Trump to a T.”
That’s right. Schiff, one of the biggest election deniers of the Trump era and self-appointed spokesman for the Russia collusion hoax to undermine his presidency, wants to ban the leading GOP contender from the ballot box for voicing doubts about the previous election.
NEW: Adam Schiff appears to call for the removal of Trump from the 2024 ballot under the 14th Amendment.
Can you hear the panic?
“By the clear terms of the 14th Amendment, [Trump] should be disqualified from holding office.”
The statement comes as multiple swing states are… pic.twitter.com/m62iVzWowH
— Collin Rugg (@CollinRugg) September 4, 2023
Support Conservative Voices!
Sign up to receive the latest political news, insight, and commentary delivered directly to your inbox.
Kaine echoed those sentiments in an interview with “ABC This Week.”
“In my view, the attack on the Capitol that day (January 6th, 2021) was designed for a particular purpose at a particular moment, and that was to disrupt the peaceful transfer of power as is laid out in the Constitution,” Kaine argued.
“So I think there’s a powerful argument to be made,” he added without evidence.
While there’s a “powerful argument to be made” that former Pres. Trump is disqualified from running again under the 14th Amendment, Sen. Tim Kaine predicts that the issue while be “resolved in the courts.” https://t.co/gLfhOlFr03 pic.twitter.com/KvpDBqrSAB
— This Week (@ThisWeekABC) September 3, 2023
The Washington Post suggested that the 14th Amendment legal theory is “gaining traction” citing as evidence “some scholars and liberal groups.”
Trump Campaign Fires Back
Early Tuesday morning, the Trump campaign fired off a fundraising email in which they addressed efforts by Democrats like Schiff and Kaine to argue that the 14th Amendment is a legitimate means to keep the leading Republican contender off the ballot.
“Those who want to stop Donald Trump won’t just resort to trying to jail him,” the donation request states.
“Now, the deranged Democrats and Never Trump Republicans are pushing a bogus theory on the 14th Amendment — one that has been thoroughly debunked, yet will generate press and clickbait,” the campaign continues. “The more they come up with ways to keep him from running, the stronger Donald Trump gets and the larger his ballot share.”
A spokesperson for the former President’s campaign separately dismissed the 14th Amendment argument as an “absurd conspiracy theory.”
Trump reps call push to disqualify him under 14th Amendment an “absurd conspiracy theory and political attack” on the former president https://t.co/1Aofn4Wuis
— Axios (@axios) September 4, 2023
As with much of what Schiff and Kaine have said during their senatorial careers, their comments are not based in reality.
Trump was impeached in January of 2021 on the charge of “incitement of insurrection,” but was ultimately acquitted by the Senate. No doubt that acquittal will form a significant portion of his defense.
Further, just because the media and Democrats like to call January 6th an “insurrection” due to the fact it makes their supporters feel more knowledgeable by using a catchphrase three syllables longer than they’re used to handling, it doesn’t mean it’s accurate.
Even the New York Times has pointed out that “the Justice Department has not charged any rioters with that crime.”
This is leftist legalporn. Before being constitutionally ineligible, Trump would have to be convicted of insurrection. Notice that he’s not been charged with that, because he’s not guilty of it. https://t.co/vwVlrPEwD7
— Area Man (@lheal) August 26, 2023
You’ll also note that Special Counsel Jack Smith’s indictment did not include a charge of inciting insurrection, despite the House January 6th committee recommending that specific charge.
Considering they’ve leveled Trump supporters with every minor charge possible and elevated others, you know damn well the DOJ would have collared them and the former President with “insurrection” if they thought they could get it to stick.
“It wasn’t intended as a general provision empowering one party to disqualify the leading candidate of the other party in any future elections,” he wrote.
Be careful what you wish for, Democrats.
Barring the former President from running again based on a rarely cited Civil War-era provision without a trial could open up the floodgates for parties in power to keep their political opponents out of office in the future.
Now is the time to support and share the sources you trust.
The Political Insider ranks #3 on Feedspot’s “100 Best Political Blogs and Websites.”