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J6 Committee Referrals Could Result in Trump Being Barred from Holding Office

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As the January 6th select committee began their work months ago, there was fierce, preemptive criticism emanating from the right side of the aisle regarding group’s potential political underpinnings, and their latest quasi-legal maneuvering is reigniting some of these concerns.

Essentially, the GOP feared that the committee was little more than a ruse designed to damage Donald Trump’s political future – specifically his ability to successfully win reelection in 2024.  Now that the group is referring Trump to the Department of Justice for 4 distinct criminal offenses, one of the potential charges could actually ban the popular former President from ever holding office again.

A special House committee’s vote to refer former President Donald Trump for potential criminal charges in connection with the Jan. 6 attack on the US Capitol brings fresh attention to a Constitutional ban on insurrectionists holding office.

Section 3 of the 14th Amendment states that no one can “hold any office, civil or military, under the United States, or under any State” if they took an oath to support the Constitution and then “engaged in insurrection or rebellion against the same.”

There was some confusion as to the implementation of the statute, however.

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Ratified in 1868, the language was drafted to address former Confederate officeholders. But the text doesn’t spell out exactly how to disqualify someone from running or holding office again.

The House Jan. 6 committee urged the Justice Department on Monday to consider charging Trump with inciting or aiding an insurrection. Democratic Representative Jamie Raskin, who announced the insurrection referral, described it as “a grave federal offense anchored in the Constitution itself” and noted that it was “automatic grounds” for disqualifying someone from holding state or federal office.

Trump has faced similar accusations before, during his second impeachment, but was swiftly and decisively acquitted during his trial in the Senate.

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About the Author:
As a lifelong advocate for the dream promised us in the Constitution, Andrew West has spent his years authoring lush prose editorial dirges regarding America's fall from grace and her path back to prosperity. When West isn't railing against the offensive whims of the mainstream media or the ideological cruelty that is so rampant in the US, he spends his time seeking adventurous new food and fermented beverages, with the occasional round of golf peppered in.