Last Updated on February 17, 2022
Continuing to advance the false narrative that former President Trump was the catalyst for the chaos and violence at the Capitol Building on January 6th, some Democrats in the US Senate are considering the use of the “Insurrection Clause” in the 14th Amendment to preclude Mr. Trump from ever again holding office.
“It’s an idea that’s out there that I think people are contemplating in the accountability space,” US Sen. Tim Kaine (D-VA), a failed former Democrat vice presidential candidate, told reporters last Friday.
“The remedies of the 14th Amendment certainly may be appropriate for someone who incites an insurrection as Donald Trump did,” Sen. Richard Blumenthal (D-CT), said.
Sen. Chris Murphy (D-CT), called the measure “certainly a possibility.”
— The Hill (@thehill) January 22, 2021
Passed in the aftermath of the US Civil War, Section 3 of the 14th Amendment holds a mandate that no one who has engaged in “insurrection or rebellion” against the United States, after having taken an oath of office, can hold office.
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
Democrats and pundits in the Leftist mainstream media claim that former President Trump’s speech at the January 6th rally in Washington, DC, should be considered “incitement of insurrection” because of the individuals who stormed the Capitol Building following that rally.
Significant — Pelosi now explicitly ties the Capitol attack to language in the 14th Amendment, which says Congress may remove members who have “given aid or comfort” to anyone “engaged in insurrection”.
— Hugo Lowell (@hugolowell) January 21, 2021
But a timeline of events that happened on January 6th, reveals that the chaos and violence at the Capitol Building began prior to the end of the speeches at the rally.
Additionally, a growing amount of video evidence has surfaced implicating QAnon, Antifa, and Black Lives Matter activists as the inciters of the chaos as violence, not rally-attending Trump supporters.
A majority of legal experts have argued that under First Amendment law, it is implausible that Mr. Trump actually “incited” the actions on January 6th, given the high bar the US Supreme Court has set to meet a standard applicable under the 14th Amendment.
One article of impeachment is scheduled to be delivered to the US Senate Monday. Senate Majority Leader Chuck Schumer (D-NY), has stated any trial would begin on or about February 8, 2021.