The Democratic Party, constitutional scholars, and pro-democracy advocates have quietly explored the possibility of disqualifying former President Trump from holding office again in the years since the Jan. 6 attack on the Capitol.
After the riots of Jan. 6, there was a crescendo of calls to take steps to strip Trump of his eligibility, but since then they have abated. Participants in the 14th Amendment discussion say that discussions have continued about applying Section 3 of the Amendment.
“If anything, the idea has waxed and waned,” said Harvard Law School professor Laurence Tribe. “I hear it being raised with considerable frequency these days both by media commentators and by members of Congress and their staffs, some of whom have sought my advice on how to implement Section 3.”
In a new report, Democratic lawmakers found that around a dozen of them have discussed in public or privately how Section 3 of the 14th Amendment might apply to those who took part in the violence on Jan. 6.