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Politics - News Analysis

Non-Profit Organization Has Found a Way to Ban Trump From Ever Entering the White House Again

There’s an obscure provision in the U.S. Constitution that could possibly trip up Donald Trump by banning him from ever occupying the White House ever again.

That is, of course, a bit of good news, and two nonprofit groups are looking into this, The Independent reports. And one of the organizations used that provision to challenge several House GOP members’ eligibility to serve after they supported the Capitol insurrection on January 6, 2021.

Now, Free Speech for People and Citizens for Responsibility and Ethics in Washington are gearing up to ask courts to disqualify the disgraced former president from appearing on ballots in multiple states thanks to the actions he took before and during the deadly riot.

Both groups contend that Trump’s support for the insurrection falls under Section 3 of the Fourteenth Amendment to the U.S. Constitution, which bars any “officer of the United States,” who has “engaged in insurrection or rebellion against” the country — if that person has previously taken an oath to support the Constitution — from serving in any federal office.

At the beginning of the 2022 midterm election, Free Speech for People challenged two GOP candidates under Section 3 — then-Rep. Madison Cawthorn (North Carolina) and Rep. Marjorie Taylor Greene (Georgia).

The group’s case against Cawthorn soon became moot after the then-Congressman lost his primary. Unfortunately, Greene stayed on because a Georgia judge ruled that her actions on January 6, three days after she was sworn in as a member of the House, did not meet the definition of an insurrection.

Ron Fein, the legal director of Free Speech for People and the lead attorney in the two previous cases said during an interview with The Washington Post, said he thinks the strategy could be effective this time because the House January 6 Committee gathered a massive body of evidence against the twice-impeached president last year.

“Our goals are to force Donald Trump to answer questions under oath about his involvement in the January 6 insurrection, and to obtain court decisions holding that he is disqualified from public office and excluding him from the ballot,” Fein said in a statement.

CREW, the other group that’s also hoping to challenge Trump’s eligibility to serve, successfully sought to disqualify one elected Republican by employing Section 3 of the 14th Amendment.

Couy Griffin, a convicted January 6 rioter, who had been elected to County Commission in Otero County, New Mexico, wound up losing his seat after a judge found him ineligible to serve because of his actions connected to the insurrection.

In the ruling that kicked Griffin out of office, Judge Francis Matthew found that Griffin had “engaged in insurrection” and “became constitutionally disqualified from federal and state office and forfeited his current office as an Otero County Commissioner” beginning from the very day of the attack.

Judge Matthew also ruled that Griffin, who’d gained notoriety in right-wing circles as the founder of Cowboys for Trump, “aided the insurrection even though he did not personally engage in violence.”

“By joining the mob and trespassing on restricted Capitol grounds, Mr. Griffin contributed to delaying Congress’s election-certification proceedings, the judge concurred.

Donald Sherman, CREW’s chief counsel told the Post the group is working on “a strategy designed to enforce the Constitution to bar Trump from serving as president.”

“We have had two major insurrections in this country,” he explained. “One was the Civil War, which gave rise to Section 3. And one was [January 6].”

It’s nice that some people understand what the Constitution is for.

I’m not holding my breath over this. Yes, there’s a chance this could prevent another Trump presidency and it’s a good thing to hope for. But there’s also a good chance that this may not happen but we can hope that since Trump is the first twice-impeached president to be criminally indicted will lose anyway because formerly sycophantic Republicans have finally grown disgusted with his vile behavior.

meet the author

Nicole Hickman James is a lifelong Democrat and political activist who first cut her teeth as a teenager volunteering for Mike Dukakis’ presidential campaign. She has worked and volunteered for John Kerry, Hillary Clinton, HFA (Hillary For America), and Organizing For Action. She’s passionate about liberal and progressive causes and considers President Obama her favorite president ever. She holds her Bachelor’s from Boston College in Economics and her Master's from Columbia, also in Economics. When not working as a writer, she enjoys traveling and spending time with her three college-aged children.

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