Constitutional law scholar Alan B. Morrison declared Sunday that the Democratic Party should “sue now” to block another Donald Trump presidential candidacy, using a 14th amendment ban on rebel officeholders seeking power again.
After the January 6 panel’s televised hearing, the evidence never got stronger that Trump was instrumental in overthrowing the results of a legitimate presidential election, Morrison noted in a column in The Hill.
On January 6, 2021, Trump told Morrison, a professor of constitutional law and associate dean at George Washington University Law School, that “there is no longer an innocent explanation”.
Morrison said the testimony demonstrated that Trump’s repeatedly plagiarized election claims were completely unfounded, and that his only chance of remaining in power was by the Congress of American voters following the choice of Joe Biden as president. The ratification had to be halted, Morrison said.
Trump also knew that “some of the crowd had gathered to speak to them” before the Capitol riot was armed, that a crowd was marching toward the building, and that it was “clearly in their power to put off the rebellion.” From “was—but instead of trying to stop the violence, he decided to do nothing,” Morrison wrote.
Morrison pointed out that Section 3 of the 14th Amendment disqualifies a person who, while in federal office, participated in or supported a rebellion against the United States.
“This ban should definitely apply to Donald Trump,” he said, “and it should now be used to prevent him from making another run for the presidency.”
The Democratic Party, on behalf of all of its candidates, must file suit “right now” in federal court, seeking a ruling that Trump participated in the rebellion and receiving an “order barring him from being a presidential candidate.” given,” Morrison said. ,
Morrison said that if Trump decides to contest the lawsuit, at least, it will force his hand to quickly reveal whether or not he is running. Morrison explained that he would also have to respond to the finding in court action, “subject to a statement in which he would have to answer questions under oath.”
He could invoke the Fifth Amendment against self-blame, but that would be awkward. During his 2016 campaign, he once asked: “If you’re innocent, why are you taking down the Fifth Amendment?”
“Will this trial be successful? No one can know for sure,” Morrison wrote. “But it looks like there is nothing to lose — or at least not if the Justice Department allows Trump the January 6 uprising. does not lead to incitement.”
Check out the full column at The Hill here.