There is a 'compelling' case for blocking Trump from running in 2024 on constitutional grounds, according to one legal expert.
Section three of the 14th Amendment states no"person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military" who after taking an oath"to support the Constitution" went on to engage in"insurrection or rebellion." Trump pledged to"preserve, protect and defend" the Constitution during his inauguration in January 2017.
Former President Donald Trump on August 13, 2023, in Bedminster, New Jersey. There is a"compelling" case that Trump is ineligible to run as president in 2024 because of the 14th Amendment, according to one legal expert.Adam Kamenstein, a partner with the Los Angeles-based law firm Adams, Duerk & Kamenstein and a former federal prosecutor, argued the case is strong but is unlikely to be broadly accepted.
He said:"The most highly respected, conservative legal scholars have recently made a trenchant and compelling case that Trump is disqualified from holding the office of president, based on section three of the 14th Amendment, which prevents someone who participated in an insurrection from holding that office, as plainly as the Constitution bars someone who is foreign-born or younger than age 35.
"However, like all legal arguments, its practical application rests on the common acceptance of certain facts. We don't have that here, today, where facts and truth vary depending on one's political point of view. Even if everyone agreed on the underlying Constitutional scholarship, we would never see agreement on the facts to which it must be applied. So, no matter how compelling the legal scholarship, it is unlikely to gain broad acceptance.
Scholars Baude and Paulsen are both members of the Federalist Society, which describes itself as"a group of conservatives and libertarians dedicated to reforming the current legal order." The group states it is committed to upholding"individual liberty, traditional values and the rule of law."
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Mary Trump explains what's surprising about Donald Trump's new indictmentThe former president's niece said her uncle's latest indictment 'has been well worth the wait.'
Read more »
Donald Trump will 'regret' having cameras at trial, Mary Trump predictsThe former president's legal team has backed plans to have cameras in federal court for January 6 trial, with proceedings likely to be filmed in Georgia.
Read more »
Donald Trump indicted: Trump mocks Fani Willis for bond in Georgia caseFormer President Donald Trump mocked Fulton County District Attorney Fani Willis over her insistence on a hefty bond for him.
Read more »
Suburban woman charged with threatening to kill Donald Trump and Barron TrumpA suburban Chicago woman was charged with threatening to shoot and kill former President Donald Trump and his son Barron earlier this year.
Read more »
Ramaswamy changes tune on Trump ahead of GOP debate: ‘Not the same Donald Trump’Republican presidential candidate Vivek Ramaswamy said he’s 'fine' with former President Donald Trump not showing up at the first debate despite singing a different tune in May.
Read more »