Virginia’s Democratic Senator Tim Kaine expressed a strong case suggesting that Donald Trump may be barred from competing in the 2024 presidential race based on the 14th Amendment.
Speaking with ABC’s George Stephanopoulos, Kaine stated, “Considering the events at the Capitol, there’s a significant rationale rooted in its attempt to obstruct the constitutionally defined peaceful transfer of power. The 14th Amendment is quite explicit about it.”
During a press briefing on July 26, 2023, Senate Minority Leader Mitch McConnell, accompanied by Senators John Barrasso, John Thune, and Joni Ernst, momentarily paused while addressing the media at Washington’s Capitol.
Kaine, who previously contended for the vice-president’s post with Hillary Clinton in 2016, pointed out the specificity of the 14th Amendment’s third section, which states that offering support to those who rebel against the U.S. Constitution may lead to consequences. The section implies that anyone who had sworn an oath to uphold the Constitution and later acted against it or supported those against it cannot hold any significant office in the U.S.
Kaine revealed to Stephanopoulos that during Trump’s second impeachment, he considered this 14th Amendment potentially more impactful than the impeachment proceedings.
Numerous legal authorities are exploring the 14th Amendment to potentially restrict Trump from future office. An impending article in the University of Pennsylvania Law Review by conservative legal scholars William Baude and Michael Stokes Paulsen delves into this Amendment considering Trump’s actions surrounding the 2020 elections. The scholars believe those involved in the 2020 election disruption, including Trump, may be constitutionally barred from holding future office.
Similarly, an article in the Atlantic by J Michael Luttig, a retired conservative federal judge and Harvard’s emeritus professor Laurence Tribe, reiterated these thoughts. They opined that any violent or non-violent attempts to destabilize the government by challenging election outcomes should trigger the 14th Amendment’s provisions.
The discussion around the 14th Amendment’s relevance gained momentum last month when former Arkansas governor Asa Hutchinson mentioned it during a Republican primary presidential debate. Hutchinson emphasized, “Many, including conservative legal minds, believe that the events surrounding the insurrection might render Trump ineligible to run for the presidency based on the 14th amendment.”