Activists seek to disqualify Trump using 14th Amendment.

Groups Launch Campaign to Block Trump from Running for President Again

Two civil rights groups are taking action to prevent former President Donald Trump from seeking the presidency once more. They claim that he violated the 14th Amendment during the January 6 incident at the Capitol.

The groups, “Free Speech for People” and “MI Familia Vota,” have planned a series of rallies and banner drops outside the offices of the secretaries of state in Oregon, Georgia, Colorado, and California. These secretaries are responsible for certifying the eligibility of political candidates and counting votes in their respective states. The protests are part of a larger campaign to disqualify Trump from running in the 2024 presidential election due to his alleged involvement in the Capitol breach.

“Because of his role in inciting, encouraging, and supporting the January 6th insurrection, Trump is constitutionally ineligible for any future run for office,” stated Free Speech for People on its website.

Section 3 of the 14th Amendment, enacted after the Civil War, prohibits former officers of the United States who engaged in insurrection or rebellion from seeking public office. While it was originally intended to exclude former Confederate officers, it is unclear whether this provision applies to a U.S. president.

Despite these efforts, there are those who oppose the campaign against Trump. Jeff Clark, a former official from the Department of Justice, expressed his skepticism on Twitter, stating, “Have the Dems ever been as afraid of getting trounced by a Republican presidential candidate this badly before? Nothing like it. It’s 14th Amendment disqualification now. They’re pulling out every stop & every start & every pause they can think of against Trump.”

In a recent interview with the Las Vegas Review-Journal, Nevada Republican Party Chairman Michael McDonald urged GOP members to take note of the attempts to bar Trump from running in 2024. He emphasized the need for Republicans to stand up and fight for the man who has been fighting for them.

Using the 14th Amendment Against Trump

In an interview with CBS in January 2021, Senate Majority Whip Dick Durbin (D) expressed doubts about using the 14th Amendment to prevent Trump from running in future elections. He highlighted the lack of clarity in determining whether someone participated in an insurrection.

“If they had been convicted of that in a court of law, then I can understand how you can use it as a predicate for prohibiting people from running for office,” Durbin said. “But there is a real serious question, if that conviction has not taken place, whether the Congress can have a finding, or the Senate can have a finding that they are guilty of insurrection and whether that’s sufficient. So it’s unresolved.”

Mr. Trump was acquitted by the Senate of the impeachment charge of inciting an insurrection. While some argue that Congress could still bar him from future elections through a simple majority vote, the U.S. Constitution prohibits such actions.

Article I, Section 9, Clause 3 of the Constitution specifically bans Congress from passing any “bills of attainder,” which refers to using legislative acts to declare individuals guilty of a crime. The power to determine guilt lies with the courts, not Congress.