Democrats are mulling whether they can use the 14th Amendment to prevent former President TrumpDonald TrumpBlinken holds first calls as Biden's secretary of State Senators discussing Trump censure resolution Dobbs: Republicans lost in 2020 because they 'forgot who was the true leader' MORE from ever holding office again.
The discussions are in the early stages and top members of the Senate caucus arent yet convinced its a viable remedy but senators are exploring their options as they plot a strategy after Trumps supporters stormed the Capitol.
Its an idea thats out there that I think people are contemplating in the accountability space, said Sen. Tim KaineTimothy (Tim) Michael KaineSenators discussing Trump censure resolution Overnight Defense: Army details new hair and grooming standards | DC National Guard chief says Pentagon restricted his authority before riot | Colorado calls on Biden not to move Space Command Senate GOP signals it's likely to acquit Trump for second time MORE (D-Va.), who described himself as quite confident that Congress could act under the constitutional amendment.
I just want us to choose a path that maximizes focus on the Biden-Harris agenda, Kaine added.
Sen. Richard Blumenthal (D-Conn.), who caveated that talk of the 14th Amendment was hypothetical, said it could be applied to Trump, with one mechanism being a resolution from Congress.
The remedies of the 14th Amendment certainly may be appropriate for someone who incites an insurrection as Donald Trump did, said Blumenthal, a member of the Senate Judiciary Committee.
Sen. Chris MurphyChristopher (Chris) Scott MurphyThe Hill's Morning Report - Biden: Focus on vaccine, virus, travel Tensions running high after gun incident near House floor Democrats float 14th Amendment to bar Trump from office MORE (D-Conn.), cautioned that it was early, but called using the 14th Amendment certainly a possibility.
All of these are questions of first impression, in terms of constitutionality, he added. I certainly think there is a 14th Amendment avenue separate and aside from impeachment.
The possibility of using the 14th Amendment comes as Democrats have publicly called for Trump to be blocked from holding office down the line. Trump riled up his supporters on Jan. 6 at a rally outside the White House and urged them to march to the Capitol, where rioters subsequently stormed the building in a melee that left five people dead.
Senate Majority Leader Charles SchumerChuck SchumerHumanist Report host criticizes 'conservative Democrats:' They 'hold more power' than progressives Bush-, Obama-era officials urge Senate to swiftly confirm Biden's DHS pick OVERNIGHT ENERGY: Court upholds ruling invalidating Dakota Access, but doesn't shut down pipeline | Schumer calls for Biden to declare climate emergency | Biden seeks to bolster consultation with Indian Country MORE (D-N.Y.) has already pledged to hold a vote on blocking Trump from holding future office if the Senate votes to convict him as part of an impeachment trial for willfully inciting violence against the Government of the United States. Though conviction requires two-thirds support, barring him from office in a subsequent vote would take only a simple majority.
After what he has done, the consequences of which we were all witness to, Donald Trump should not be eligible to run for office ever again, Schumer said on the Senate floor earlier this week.
The House is expected to send the lone impeachment article to the Senate on Monday, though Schumer noted he was discussing timing and the duration of the trial with Senate Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellHumanist Report host criticizes 'conservative Democrats:' They 'hold more power' than progressives Dobbs: Republicans lost in 2020 because they 'forgot who was the true leader' Biden's Cabinet gradually confirmed by Senate MORE (R-Ky.). Absent an agreement, the trial will start at 1 p.m. the day after the article is received, unless thats a Sunday.
To convict Trump in an impeachment trial, Democrats would need their entire caucus plus 17 Republican senators, a high bar that they could fail to reach. Though several GOP senators and McConnell have blamed Trump for provoking the mob that stormed the Capitol, no Senate Republican has committed to voting to convict.
Kaine noted that the 14th Amendment could be pursued before or even after a trial if senators weren't able to convict Trump. He added that while there were extensive discussions going on about pursuing the 14th Amendment, the decision was ultimately up to leadership.
Spokesmen for Schumer didnt respond to a question about whether he supports trying to use the 14th Amendment separate from an impeachment trial.
The 14th Amendment jumped into the national discussion in the wake of the Capitol attack, in addition to impeachment and talk of invoking the 25th Amendment, an idea rejected by then-Vice President Pence.
Section 3 of the 14th Amendment says that no public officials who had previously taken an oath to support the Constitution will hold office if they have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
But there's skepticism from some high-ranking Democrats that the 14th Amendment could be used to block Trump from holding future office.
Sen. Dick DurbinDick DurbinOn The Money: GOP digs in on defending Trump tax cuts | Democrats bullish on raising minimum wage | Financial sector braces for Biden's consumer bureau pick Sen. Patrick Leahy returns home after being hospitalized Bush-, Obama-era officials urge Senate to swiftly confirm Biden's DHS pick MORE (D-Ill.), Schumers No. 2, noted that he had a long conversation with Kaine but wasnt yet sold on the idea that it could be pursued without Trump being convicted first.
I havent been convinced yet because the 14th Amendment is not explicit on how you determine whether someone participated in an insurrection. ... There is a real serious question if that conviction has not taken place, whether the Congress can have a finding, or the Senate can have a finding, that theyre guilty of insurrection and whether thats sufficient. So its unresolved, Durbin said.
Section 5 of the 14th Amendment stipulates that Congress has enforcement power by appropriate legislation.
But using the 14th Amendment to remove a president would put Congress in murky waters, both legally and politically.
The University of Virginias Philip Zelikow recently wrote in Lawfare that Congress can apply the 14th Amendment disqualification to Trump, by majority vote.
But University of Chicago Law Schools Daniel Hemel countered that barring Trump with only a simple majority vote would raise serious constitutional questions.
Trumps defenders would no doubt argue that the law violates the bill of attainder clause, and unlike many of Trumps legal arguments, this one would be far from frivolous, he added.
Instead, Hemel said, a better way would be for Congress to set up a judicial proceeding that would determine if someone was disqualified under Section 3 of the amendment.
Sen. Ben CardinBenjamin (Ben) Louis CardinOn The Money: GOP digs in on defending Trump tax cuts | Democrats bullish on raising minimum wage | Financial sector braces for Biden's consumer bureau pick The Hill's Morning Report - Biden argues for legislative patience, urgent action amid crisis The Hill's Morning Report - Biden: Focus on vaccine, virus, travel MORE (D-Md.) said he wanted more information, but questioned whether Congress needed to act in order for Trump to be blocked from future office.
He may already be barred, Cardin said.
Kaine, meanwhile, floated the idea that invoking the 14th Amendment against Trump could take several paths, but one option would be passing a resolution, which he believes would take 60 votes in the Senate, requiring the support of at least 10 Republicans.
It would be a 60 vote threshold, he said. And it wouldnt require a trial. It would be a debate on a resolution so take less time, easier threshold. If you cant get to 60, you wont get to 67.
Go here to see the original:
Democrats float 14th Amendment to bar Trump from office | TheHill - The Hill
- David Ditch: Uncle Sam is picking your pocket with high taxes Democrats want to raise them even higher - Fox News [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- 2020 Democrats are naming their fundraising 'bundlers' - Columbian.com - The Columbian [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Democrats Sparred Over a Wine Cave Fund-Raiser. Its Billionaire Owner Isnt Pleased. - The New York Times [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Education Spending: What Democratic Candidates Want vs. Reality, in Charts - Education Week [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Democratic leadership should be afraid of McKayla Wilkes - The Week [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Editorial: Democrats are pushing the right fix to a Trump tax law - San Francisco Chronicle [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- The biggest state feels the most excluded in the Democratic race - CNN [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Illinois provides the Democrats with a Midwestern base: The Flyover - cleveland.com [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Mike Bloomberg is trying to convince big-money Democratic donors that he can win in 2020, even though he isn't taking their money - CNBC [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Wine Caves and Purity Tests in Democratic Politics - The New York Times [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- House GOP vows to use impeachment to cut into Democratic majority | TheHill - The Hill [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Democrats Who Flipped Seats in 2018 Have a 2020 Playbook: Focus on Drug Costs - The New York Times [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- A decade of Obamacare: How health care went from wrecking to boosting Democrats - CNBC [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- Democrats need to accept these 3 truths to beat Trump in 2020 - CNBC [Last Updated On: December 27th, 2019] [Originally Added On: December 27th, 2019]
- What if Democrats Tried Real Outreach? - The New York Times [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Impeachment moved nobody but threatens trouble for Democrats | TheHill - The Hill [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Top Democrats Say They Support the Iran DealBut Here's How They've Undermined It - In These Times [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Democrats Future Is Moving Beyond the Rust Belt - The Atlantic [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Why The Most Coveted Democratic Endorser In Iowa Isn't Picking Sides - NPR [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- He Was Cruising in a G.O.P. Primary. Then Trump Endorsed an Ex-Democrat. - The New York Times [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- The Odd Couples of the Democratic Party - The New York Times [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Prominent House Republican Doug Collins walks back his insistence that Democrats are in love with terrorists - MarketWatch [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- The Weekly | Vetting the 2020 Democratic Presidential Candidates - The New York Times [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- 'Deeply disturbing': 'Gang of Eight' Democrats shocked by report on Russians hacking Burisma - Washington Examiner [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Like, Ill Tune In When Theres Two Weeks Left: Why Trump Has a Huge Advantage Over Dems With Low-Information Voters - Vanity Fair [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- The Coalition of the Ascendant Rejects Candidates of Color - National Review [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Whats on TV Tuesday: Leslie Jones and the Democratic Debate - The New York Times [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Who will win New Hampshire? 5 top state Democrats dish on the state of play - POLITICO [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Democrat Klobuchar on diversity and taking on Trump in the 2020 presidential race - Reuters [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Democratic Party Leaders Are Mostly Sitting Out The Endorsement Race So Far - FiveThirtyEight [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Twelve Democrats, three Republicans in U.S. presidential race - Reuters [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- 'It's a sad day': As Booker exits Democratic primary, a once-historic field gets less diverse - USA TODAY [Last Updated On: January 14th, 2020] [Originally Added On: January 14th, 2020]
- Live Updates And Analysis: January Democratic Debate In Iowa - NPR [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Biden is the Democrats' 'only hope' to defeat Trump | TheHill - The Hill [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Why Andrew Yang Has Endured While Traditional Democratic Candidates Have Not - National Review [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Opinion | Winners and Losers of the Democratic Debate - The New York Times [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Tucker Carlson: Democrats want US to be more like California -- the state that's driving residents away - Fox News [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Meet the Democrats prosecuting Trump's impeachment - POLITICO [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Liberals make up the largest share of Democratic voters, but their growth has slowed in recent years - Pew Research Center [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Who Won The January Democratic Debate? - FiveThirtyEight [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- The War For The Democratic Party Will Destroy Lives, Change The US - The Federalist [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Hillary Clinton on whom she thinks 2020 Democratic voters should nominate - ABC News [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Democrats Take a Walk on the Mild Side - POLITICO [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Democrats should put an end to caucuses - Boston Herald [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Kimberley Strassel: Why is the 2020 Democratic primary field littered with the failed bids of woke candidates? - Fox News [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- DCCC: Democrats tout fundraising advantage in 2020 congressional elections - CBS News [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Oregon Democrats, Republican bristle over possibility of another GOP shutdown - OregonLive [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Democrats Should Be Worried About the Latino Vote - The Atlantic [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Woke doesnt win and other big surprises of Democrats 2020 race so far - New York Post [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Democratic lawmaker dismisses GOP lawsuit threat: 'Take your letter and shove it' | TheHill - The Hill [Last Updated On: January 18th, 2020] [Originally Added On: January 18th, 2020]
- Cotton: Democrats are 'upset that their witnesses haven't said what they want them to say' | TheHill - The Hill [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- WATCH: Pistol Grips A 'Weapons Of War' Feature? Virginia Democrat Trying To Ban Guns Gives 6-Minute Speech, Gets EVERYTHING Wrong About Guns - The... [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Tom Cotton: Democrats haven't proven impeachment case, don't need to 'prolong' things - Washington Times [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- What Chicagos Mayor Really Thinks About the Democratic Field - The Atlantic [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Impeachment: Democrats reject witness swap in Trump trial - BBC News [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Democrat House impeachment manager inadvertently admits what impeachment is actually about - TheBlaze [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Poll Results Put Andrew Yang Back On The Democratic Debate Stage - NPR [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- 12 States Where Democrats Could Flip the Senate - The Nation [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Facebook is worried about Democrats winning the presidential election - Axios [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Democrats, Republicans tussle over witnesses as vote approaches | TheHill - The Hill [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Democrats cry foul over Schiff backlash | TheHill - The Hill [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- 5 Things We Learned Interviewing 2020 Democrats (Again) - The New York Times [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- 'Didn't answer the second part of my question': Buttigieg grilled by anti-abortion Democrat - Washington Examiner [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- A Major Fear for Democrats: Will the Party Come Together by November? - The New York Times [Last Updated On: January 27th, 2020] [Originally Added On: January 27th, 2020]
- Who Will Win the Democratic Primary? Our New Prediction Model Says - OZY [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Democrats' History Of Intimidating SCOTUS Justices Carries Over Into Impeachment - The Federalist [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Impeachment has proved the Democrats are no longer democrats - The Spectator USA [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- As Other Democrats Feud, Bloomberg Hammers Trump on Health Care - The New York Times [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- The Humbling of Democrats in Texas - The Atlantic [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- 2020 Democrats Are Already Giving Up on Congress - The Atlantic [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Iowa Democrats fear losing first-in-the-nation status - POLITICO [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Chris Matthews expresses worries: Democrats 'need to find' candidate who can beat Trump | TheHill - The Hill [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Are the Democrats Completely Screwing This Up? - Rolling Stone [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- House Democrat to bring Khashoggi's fiance to State of the Union | TheHill - The Hill [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Democrats Had a 2020 Vision. This Isnt Quite What They Expected. - The New York Times [Last Updated On: February 3rd, 2020] [Originally Added On: February 3rd, 2020]
- Democrats Counter Trump on Health Care and Condemn His Conduct - The New York Times [Last Updated On: February 10th, 2020] [Originally Added On: February 10th, 2020]
- Democratic senators press Amazon over injury rates | TheHill - The Hill [Last Updated On: February 10th, 2020] [Originally Added On: February 10th, 2020]
- James Carville Rages Over State of Dem Party: 'I'm Scared to Death!' - The Daily Beast [Last Updated On: February 10th, 2020] [Originally Added On: February 10th, 2020]
- As Democrats Try to Move On From the Caucus Chaos - The New York Times [Last Updated On: February 10th, 2020] [Originally Added On: February 10th, 2020]
- The Harrowing Chaos of the Democratic Primary - The New York Times [Last Updated On: February 10th, 2020] [Originally Added On: February 10th, 2020]