In an article in the Washington Times, Mike Davis, founder of the Article III Project, explained that several states are trying to remove Donald Trump from the 2024 ballot with the false claim that January 6 was an insurrection.
They are using a Civil War amendment, that was passed to give equal protection to freed slaves.
Immediately after the slaves were freed, the Confederate sympathizers began winning elections.
Fearing they would undermine the Union and Reconstruction efforts, the politicians added section 3 to the soon-to-be 14th amendment.
It disqualified Confederate sympathizers from holding office if they engaged in insurrection or rebellion against the United States during the Civil War. [It didn’t do much since there were plenty of Confederate Democrats in Congress who promoted slavery.]
“Democrats, desperate to defeat a resurgent former President Donald Trump, are dusting off the 14th Amendment’s disqualification clause, largely dormant for 155 years, with a ridiculous legal theory to remove him from the ballot before the 2024 presidential election,” Davis said.
“Their theory is that Mr. Trump’s challenge to the 2020 election (which he was allowed to do under the Electoral Count Act of 1887 and the First Amendment), the Jan. 6 protest (which was permitted by the National Park Service and allowed by the First Amendment), and the resulting riot (of which House Democrats’ Jan. 6 committee found no evidence of Mr. Trump’s incitement) was an ‘insurrection,’” Davis said.
Thus, Democrats pretend Section 3 of the 14th Amendment disqualifies Mr. Trump from running for president in 2024.
Left-wing watchdogs, such as Citizens for Responsible Ethics, have begun the lawsuits, and blue states. Soon, they will move on to swing states.
“For people who proclaim they are defending democracy, this is one of the most dangerous, destructive, and anti-democratic political games imaginable,” says Davis.
Even if Mr. Trump has the support of the public to win back the White House, these disqualification clause zealots want President Biden to win by default.
This will not fly with the American people, and it will not fly with the Supreme Court.
Indeed, Stanford law professor Michael McConnell — a former federal appellate judge and no fan of Mr. Trump — destroys this legal fantasy that politicians can disqualify Mr. Trump from running for office based on the events of Jan. 6.
There is no evidence of an insurrection or rebellion on Jan. 6 under the 14th Amendment’s Civil War meaning.
“These are demanding terms, connoting only the most serious of uprisings against the government, such as the Whisky Rebellion and the Civil War,” Judge McConnell wrote.
Labeling Jan. 6 as an insurrection rather than a riot is a dangerous political game that will lead to lawless, political, and very destructive disqualifications of political opponents going forward.
“The terms of Section 3 should not be defined down to include mere riots or civil disturbances, which are common in United States history,” Judge McConnell concluded.
There is more in the article but the bottom line is after years and millions of dollars spent, there is no evidence it was an insurrection.