Donald Trump was hit with a brutal Friday bombshell as lawyers from the prominent conservative Federalist Society published a paper declaring that Trump must be banned from running for president “under Section 3 of the 14th Amendment.”
In their paper, the Federalist Society accused Trump of treason for “engaging in or gave aid and comfort to an insurrection against the constitutional government” when he incited the deadly January 6 insurrection as part of his failed coup attempt.
The Federalist Society argued that Section 3 of the 14th Amendment — known as the insurrection clause — is “self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. It covers a broad range of former offices, including the presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”
The clause states that “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.”
Last September, a New Mexico judge ordered the removal of a county commissioner who took part in the January 6 attack on the U.S. Capitol. The decision marked the first time since 1869 that a court disqualified a public official under Section 3 of the 14th Amendment.