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It seems likely that despite abundant evidence Donald Trump provoked the deadly mob that stormed the Capitol on Jan. 6, the Senate will vote to acquit the former president of the charge of incitement of insurrection. And with acquittal goes the opportunity to punish Trump by barring him from holding future office.
There’s been talk of using a censure resolution as a fallback compromise. But as Sen. Tim Kaine (D-Va.) said this week, there’s not enough support on either side for that option. Democrats want “impeachment or nothing,” he explained, and Republicans “don’t want to bar Trump from running for office.”
But if the Democrats’ ultimate goal is to keep Trump from ever again appearing on a presidential ballot, there is still one avenue open to them. It’s in the Constitution, although it hasn’t received a judicial test in about a century. It’s Section 3 of the 14th Amendment to the U.S. Constitution, which provides that “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.”
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