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Can Trump Be Disqualified From The Presidency Over Jan. 6?
Eko Hot Blog reports that some legal experts say that former President Donald Trump could be disqualified from running for president again because of his role in the January 6, 2021, attack on the U.S. Capitol.
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The 14th Amendment to the U.S. Constitution bars anyone who has “engaged in insurrection or rebellion” from holding federal office. Trump’s supporters stormed the Capitol in an attempt to overturn the results of the 2020 election, which Trump falsely claimed was stolen from him.
However, it is unclear whether Trump would actually be disqualified under the 14th Amendment. The amendment has never been used to disqualify a former president, and it is not clear how it would be enforced.
In order to be disqualified, Trump would need to be convicted of insurrection or rebellion. He has not been charged with either crime, and it is unlikely that he will be.
Even if Trump were convicted, it is not clear whether he would be disqualified from running for president. The 14th Amendment does not explicitly say that a conviction for insurrection or rebellion would result in disqualification.
It is possible that Trump could be disqualified by a state election official, but this would be a highly contested decision. It is also possible that the Supreme Court would ultimately decide whether Trump is eligible to run for president.
FURTHER READING
The question of whether Trump can be disqualified from running for president is a complex one. There is no easy answer, and it is likely to be the subject of legal debate for months to come.
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