With the potential third indictment of former President Donald Trump focused on the possibility he sparked an “insurrection” to challenge President Joe Biden’s election, legal experts are growing more confident that the goal is to block the Republican from serving a second term.
Unlike the other two indictments, the expected third is linked to the Jan. 6, 2021, Capitol riots and certification of Biden’s election, and allegations that Trump incited the violence inside the building.
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If that leads to just one conviction, the insurrection clause in the 14th Amendment written to ban Confederates from serving in office could trigger a ban on Trump taking any office again, even if he is chosen as the next president on Election Day 2024.
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“The Democrat’s end game is the 14th Amendment. Section three says if you’ve been under oath to protect the Constitution, if you engage in an insurrection, you can no longer serve in federal office. This is the end game,” said Jed Babbin, a federal legal expert.
“If he is convicted of that, he cannot be president again,” added Babbin, the conservative grader for the weekly White House report card, published on Saturdays.
Mark Levin, the former Justice Department chief of staff, author, and talk radio giant, agreed. He told his audience last night that special counsel Jack Smith is pushing to indict Trump soon so that a trial will be done before the election.
“Do you know that the Department of Justice, this prosecutor, and the Democrats have a plan for making sure he never serves one second in office?” he said.
“You know what it is? Section three of the 14th Amendment. That’s their plan,” he said, adding, “They’re going to say he cannot be sworn in because he was convicted of one count of wire fraud or obstruction or something related to January 6. He’s an insurrectionist.”
And, Levin added, “This is why Jack Smith wants these cases moving fast, and he wants them done not after the election but during the election.”
Democrats are not hiding their end game. Several groups are already planning to challenge efforts to put Trump’s name on election ballots in the expectation that he will be convicted.
The group Citizens for Responsibility and Ethics in Washington, or CREW, yesterday published a 90-page report detailing their charges against Trump and claims of insurrectionist actions.
“Section 3 is the measure that the Reconstruction-era framers designed to ensure insurrectionists like Trump are accountable and cannot serve in the government that they attacked; addressing the current risk is exactly what it is there for,” concluded the report.
Trump has denied involvement in the January 6 riots. His team also said that he was urging states to double-check their voting and results, not seeking to overturn an election.
But Smith is expected to throw the book at Trump in hopes that something sticks.
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The amendment does provide Trump with one out, but it is an unlikely solution. It says that Congress, in a two-thirds vote, can brush aside the ban on serving. But the partisan gap is much closer to 50-50 in today’s Congress.
“That isn’t going to happen. So this is the Democrats’ end game and what the second impeachment was all about. The second failed impeachment was to basically charge him with inciting insurrection on January 6, and that failed. So now, whatever [Smith] is going to do, I’m sure will charge Trump with inciting an insurrection and thus try to keep him out of the presidency,” said Babbin.
