Crew represents six Colorado voters – Republican or unaffiliated – seeking to remove Trump from ballot over Capitol attack
A watchdog group is suing to remove Donald Trump from the 2024 presidential ballot, saying he violated the constitution and is disqualified from holding future office.
The lawsuit is so far one of the strongest challenges to Trump’s eligibility to seek re-election.
According to the lawsuit filed on Wednesday, the former president violated section 3 of the 14th amendment, also known as the Disqualification Clause, with his involvement in the January 6 US Capitol attack. The section bars any federal or state official that has “previously taken an oath” from holding office after they “engaged in insurrection or rebellion”.
We all KNOW he is guilty and ineligible, but I feel like asking courts to disqualify someone who hasn’t been found guilty (yet) of a crime to be premature.
Personally being found guilty of a crime isn’t the standard the Constitution lays out in section 3 of the 14th amendment though. Did his actions give aid or comfort to Enrique Tarrio or the other J6 insurrectionists who have been found guilty of seditious conspiracy? To my reading, that triggers disqualification.
The courts can’t disqualify him either, they can recognize him as having already been disqualified (or not).
I think that will be part of the case, but maybe with a different level of burden of evidence than a criminal case has.