Senate Democrats are in talks to use the 14th Amendment to bar President Donald Trump from ever holding office again should their second impeachment attempt fail.
Though a second impeachment trial as been set for February, top Democrat Senators are beginning to explore a backup plan should they fail to get the votes to successfully convict Trump, according to The Hill.
“It’s an idea that’s out there that I think people are contemplating in the accountability space,” said Sen. Tim Kaine (D-Va.) on Friday.
“I just want us to choose a path that maximizes focus on the Biden-Harris agenda,” he added.
Sen. Richard Blumenthal (D-Conn.), a member of the Senate Judiciary Committee, said the 14th Amendment could be an “appropriate” way to rid the U.S. government of Trump.
“The remedies of the 14th Amendment certainly may be appropriate for someone who incites an insurrection as Donald Trump did,” said Blumenthal.
Sen. Chris Murphy (D-Conn.) echoed Blumenthal’s sentiment, saying using the 14th Amendment against Trump was “certainly a possibility.”
“All of these are questions of first impression, in terms of constitutionality,” Murphy said. “I certainly think there is a 14th Amendment avenue separate and aside from impeachment.”
Democrats assert that Trump incited an “insurrection” at the Capitol on Jan. 6 despite extensive video evidence showing the riots were not an act of insurrection, but more of a photo-op, which began before Trump even delivered his speech at The Ellipse.
Section 3 of the 14th Amendment says that no public officials who had “previously taken an oath” to support the Constitution can hold office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
This isn’t the first time Democrats tried to weaponize the Constitution against Trump.
Just recently, Democrats had tried to pressure former Vice President Mike Pence to invoke the 25th Amendment against Trump, which deals with a succession protocol should the president be disabled of unable to execute his presidential duties.
Why are Democrats so terrified of Trump even now that he’s left office?
Owen points out how the military does not appear to support the Biden administration.