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Liberal Lawyers Urge Desperate “Nuclear Option” To Prevent Trump From Taking Office

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14 hours ago

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In a desperate attempt to prevent President-elect Donald Trump from taking office, liberal lawyers are urging Congress to invoke a rarely used provision of the 14th Amendment to disqualify him from the presidency.

According to an op-ed published in The Hill, lawyers Evan Davis and David Schulte argue that Trump’s alleged involvement in the January 6th Capitol breach and his attempts to overturn the 2020 election results constitute an “insurrection” against the Constitution, making him ineligible to hold public office. Davis was editor in chief of the Columbia Law Review and Schulte was editor in chief of the Yale Law Journal.

“Disqualification is based on insurrection against the Constitution and not the government. The evidence of Donald Trump’s engaging in such insurrection is overwhelming,” they wrote in their op-ed. “The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel.”

The authors cite Section 3 of the 14th Amendment, which states that anyone who has engaged in insurrection or rebellion against the United States or given aid or comfort to its enemies is disqualified from holding federal or state office. They claim that Trump’s actions meet this criteria and that Congress has the power to block him from taking office.

“The second contested proceeding was the Colorado five-day judicial due process hearing where the court ‘found by clear and convincing evidence that President Trump engaged in insurrection as those terms are used in Section Three,'” they claimed. “The Colorado Supreme Court affirmed. On further appeal to the U.S. Supreme Court, the court held that states lack power to disqualify candidates for federal office and that federal legislation was required to enforce Section 3. The court did not address the finding that Trump had engaged in insurrection.”

“Finally, there is the bipartisan inquiry of the House Select Committee to Investigate the January 6th attack on the United States Capitol. More than half of the witnesses whose testimony was displayed at its nine public hearings were Republicans, including members of the Trump administration.”

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Davis and Schulte finished, “To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House. If the objection is sustained by majority vote in each house, the vote is not counted and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president.”

However, the drastic measure is being met with fierce resistance from conservatives, who argue that it is a blatant attempt to undermine the democratic process and overturn the will of the American people.

“The media has Morning Insurrection,” wrote former Congressman Matt Gaetz.

Others took to social media to express their outrage, with many accusing The Hill of endorsing insurrection and attempting to block the inauguration of a president who won the popular vote and the electoral college.

“Sounds like @thehill is endorsing insurrection,” tweeted Robby Starbuck. “Yes, try blocking the inauguration of a President who won the popular vote and the electoral college. Let’s see how that goes for y’all.”

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