Legal Experts Propose Plan to Block Trump's Presidential Inauguration
As the date for Donald Trump's potential inauguration approaches, concerns surrounding his eligibility have resurfaced. Two legal scholars have presented a plan suggesting that Trump could be barred from assuming the presidency due to his alleged involvement in inciting an insurrection against the U.S. government.
Despite not facing criminal charges for the events of January 6, 2021, when a mob of his supporters stormed the Capitol, there is a growing belief among some legal experts that Trump's actions disqualify him from holding office again.
The scholars, Evan Davis and David Schulte, argue in a recent opinion piece that the 14th Amendment of the U.S. Constitution should be invoked to prevent Trump's inauguration. The amendment explicitly states that anyone who has previously sworn an oath to support the Constitution and then engaged in insurrection is ineligible for office.
Their argument cites the language of Section 3 of the 14th Amendment, which clearly outlines that no individual can hold a civil or military office in the U.S. if they have participated in an insurrection or rebellion after taking an oath to support the Constitution.
On January 6, 2021, during a time when Congress was set to certify Joe Biden's electoral victory, Trump addressed a rally of his supporters, making claims of election fraud and urging them to march to the Capitol, where the ensuing chaos led to violence and disruption.
Davis and Schulte assert that the evidence of Trump's involvement in the events of that day is overwhelming. They contend that under the Electoral Count Act of 1887, which outlines the procedures for electoral vote counting, the electoral votes cast for Trump should be declared invalid. This invalidation could occur on the basis that votes cast for a candidate who is constitutionally barred from holding office are not valid.
The legal experts emphasize that the phrase 'not regularly cast' applies to votes for candidates who are not eligible, similar to cases involving age, citizenship, or residency requirements.
The call to action for the Democratic members of Congress is clear: they must take a stand against the electoral votes for a candidate they argue is constitutionally disqualified.
In response to the proposal, there has been significant backlash from Trump's supporters, including his son Eric Trump and entrepreneur Elon Musk, who both voiced their discontent on social media. Eric Trump described the legal scholars' argument as 'sick' while Musk criticized the mainstream media as being overly influenced by radical leftist propaganda.
Despite the pushback, the legal scholars remain hopeful that congressional Democrats will at least consider their proposal, noting that previous efforts to impeach Trump were indicative of their willingness to address issues of constitutional integrity. They believe that Congress has a duty to uphold the Constitution and to act as guardians of its principles.
However, the likelihood of successfully preventing Trump's inauguration remains uncertain. Historically, Trump has demonstrated resilience against various challenges, and many believe that institutional resistance to his presidency will be insufficient to alter the outcome.
