I've seen this claim enough times that it is now in the urban legend status.

This is the most recent version

The Constitution Prohibits Trump From Ever Being President Again (msn.com) (https://www.msn.com/en-us/news/opinion/the-constitution-prohibits-trump-from-ever-being-president-again/ar-AA1fu49R)

and it is not just partisan journals like 'Atlantic' ; so called constitutional scholars are parroting it too.

The Sweep and Force of Section Three by William Baude, Michael Stokes Paulsen :: SSRN (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751)

Basically the claim is that sec 3 of the 14th amendment bars those who previously took federal oaths from assuming office if they engaged in insurrection or rebellion.


Add this to garbage like the moon landing was faked and Elvis was sighted at the 7-11.

The Dems love this fiction because it not only nails Trump ;but also any other Repub they want eliminated .

Dems try to cancel their ballot opponents . (askmehelpdesk.com) (https://www.askmehelpdesk.com/current-events/dems-try-cancel-their-ballot-opponents-848894.html)


This is their insurance policy if 4 cases that have over 100 charges doesn't get it done.

The 14th amendment was about an ACTUAL REBELLION. So all their arguments are based on the faulty premise that Jan 6 was a rebellion. Of the 100+ charges against Trump ,none of them come close to claiming rebellion. Jack Smith was given the responsibility to investigate Jan 6 . He did not make a single insurrection or rebellion charge against Trump . Not one charge of insurrection or rebellion has been made against any of the Jan 6 rioters either.

Trump showed very poor judgment and leadership on Jan 6 . He was not part of an insurrection ;nor were the rioters. They got carried away and took advantage of some very lame security precautions to riot inside the Capitol . Trump sulked in the Oval office instead of calling on his supporters to break it off. That lack of leadership disqualifies him from my support ;but not from the office.

Is stopping a Congressional process a 14th amendment disqualifier ? Then anyone who challenged Trump's certification in 2016 were guilty.

Rep. Raskin Challenges Awarding of Electors - YouTube (https://www.youtube.com/watch?v=bxEr_mRpp44)

So all their arguments are based on the faulty premise that Jan 6 was a rebellion.Even if we accept the idea that 1/6 actually was an insurrection, it would be foolish to suggest that Trump took part in it. He didn't call for it, and he certainly was not there.


That lack of leadership disqualifies him from my support ;but not from the office.I don't like Trump, but I'll support him or virtually any other person the repubs nominate. When the dam is about to break, you can't get too choosy about who drives the bulldozer. The primary thing is to get the total incompetent who thinks broken dams are a good idea to go home.

I'll make a distinction between voting for a candidate and supporting a candidate. I've voted many times for the lesser of two evils . I've also cast protest votes for 3rd party and independent candidates.

I would agree with that.

Anyway the Trump "insurrection" occurred officially when he took the elevator ride and declared his candidacy and war against the swamp. It is a completely legal and legitimate "insurrection".

Then there was the counter insurrection .

The security and intel agencies went immediately to work concocting false evidence against Trump and later a coup attempt against his Presidency.
They failed but succeeded in defeating him (the steal) in 2020 Was the changes in the laws that resulted in a Biden victory an insurrection ?

Maybe .




Governments and the private sector should assign a greater priority to developing methods to combat mis- and disinformation prior to the next pandemic response. Governments will need to partner with traditional and social media companies to research and develop nimble approaches to countering misinformation. This will require developing the ability to flood media with fast, accurate, and consistent information. Public health authorities should work with private employers and trusted community leaders such as faith leaders, to promulgate factual information to employees and citizens. Trusted, influential private-sector employers should create the capacity to readily and reliably augment public messaging, manage rumors and misinformation, and amplify credible information to support emergency public communications. National public health agencies should work in close collaboration with WHO to create the capability to rapidly develop and release consistent health messages. For their part, media companies should commit to ensuring that authoritative messages are prioritized and that false messages are suppressed including though the use of technology.


Event 201 | Johns Hopkins Center for Health Security (https://centerforhealthsecurity.org/our-work/tabletop-exercises/event-201-pandemic-tabletop-exercise)

(note the date of this dress rehearsal for the covid pandemic.....October 18, 2019 2 months before the 1st case in the US )

Then Jan 6
According to Former Chief of the Capitol Police, Steven Sund, the Feds had intelligence suggesting the potential for violence . Requests for National Guard assistance was denied by Madam Mimi ;who later compared the riot to Pearl Harbor. None of these details were included in the intelligence assessments for Jan 6 . Instead, documents from Sund’s former intelligence unit indicated a low probability of civil disobedience. In other words the information was not fed to the Capitol Police. Why would the information be withheld unless the violence served other interests ?

Now Adam Schiffhead is invoking the 14th amendment . When he says something it is almost assuredly bogus.

Fact
Former VP of the Confederacy Alexander Stevens was elected to the House of Reps from Georgia in 1873 and was seated .

Former Confederate General John B Gordon fought side by side with General Lee during the war. He was elected and served as a Senator from Georgia in 1873 and was seated .

Confederate General Willian Ruffian Cox served in the House of Reps ;the Senate and was appointed Secretary of the U.S. Senate in 1893 .

These were actual insurrectionists.

What Trump did January 6 2021 was stupid and reckless ,He should be held accountable for his actions by the Republican party by denying him the nomination.

As for insurrection ....... nobody ;not even the Proud Boys has been charged with insurrection. They were charged with "Seditious Conspiracy" That is not the same. Jack Smith has many charges against Trump but none of them are insurrection. The US Senate acquitted Trump of the charge during the second impeachment trial against him.

'Officer of the United States' Article 2 Sec 2 clause 2 empowers the President to appoint officers of the United States . However as an elected official he is NOT an officer of the United States. He holds the office of the President . He is not an officer. Sec 3 of the 14th amendment does not apply to the President of the United States. The only way to remove a President is by impeachment and the only restriction of who can serve is the age clause in Article 2 .

I don't know if any state laws apply that give the Sec State of any state the power to unilaterally remove a candidate's name from a primary ballot . I doubt there are . But invoking the 14th amendment is bogus .

Former VP of the Confederacy Alexander Stevens was elected to the House of Reps from Georgia in 1873 and was seated .

Former Confederate General John B Gordon fought side by side with General Lee during the war. He was elected and served as a Senator from Georgia in 1873 and was seated .

Confederate General Willian Ruffian Cox served in the House of Reps ;the Senate and was appointed Secretary of the U.S. Senate in 1893.

Interesting. It should also be noted that all eleven of the Confederate States were readmitted to the Union and eventually (1873?) were allowed representation in Congress, and those states were certainly guilty of insurrection.

There is one other notable person. In 1880, former Confederate Gen. Joe Wheeler was elected from Alabama as a Democrat to the United States House of Representatives. He later became a general in the U.S. Army and served in Cuba, commanding troops that included T. Roosevelt's "Rough Riders". At one point in a battle, Wheeler is said to have called out, "Let's go, boys! We've got the damn Yankees on the run again!" He is buried at Arlington, not too bad for a former insurrectionist.