Section Three of the Fourteenth Amendment of the U.S. Constitution

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.

Former President Donald J. Trump is constitutionally disqualified from again being President (or holding any other covered office) because of his role in the attempted overthrow of the 2020 election and the events leading to the January 6 attack.

Trump was “actively involved” in an extralegal scheme to send fake electors to the Congress, and urged the vice president to unlawfully accept these fake electors over the real ones and crown Trump president. In service of his scheme, he provided “direct support for” and “specific encouragement” of the mob that ransacked the Capitol on January 6 in his speech, his tweets, private statements, and refusal to take actions (like calling in the National Guard) that could have stopped the mob.

The bottom line is that Donald Trump both ‘engaged in’ ‘insurrection or rebellion’ and gave ‘aid or comfort’ to others engaging in such conduct, within the original meaning of those terms as employed in Section Three of the Fourteenth Amendment.

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