Lefty Attorneys Drop Plan To Stop Trump From Taking Office

Despite the election being decided and Vice President Kamala Harris conceding, some Democrats are making a last-ditch effort to prevent President-elect Donald Trump from taking office. This week, liberal attorneys Evan Davis and David Schulte called for Congress to invoke Section 3 of the 14th Amendment to disqualify Trump from the presidency.

In an op-ed published in The Hill, the attorneys argued that Trump’s actions during the January 6 Capitol riot constitute insurrection against the Constitution, a violation that could bar him from office.

“Disqualification is based on insurrection against the Constitution and not the government,” Davis and Schulte wrote. “The evidence of Donald Trump’s engaging in such insurrection is overwhelming. The matter has been decided in three separate forums, two of which were fully contested with the active participation of Trump’s counsel.”

The Case Against Trump

The attorneys outlined three key proceedings they claim support their argument:

1. Trump’s Second Impeachment
   In January 2021, Trump was impeached by the House of Representatives for “incitement of insurrection.” While seven Republican senators joined Democrats in voting for conviction, the total fell short of the two-thirds majority needed to remove him from office.
2. The Colorado Court Ruling
   A Colorado court recently found “clear and convincing evidence” that Trump engaged in insurrection under Section 3 of the 14th Amendment. Although the U.S. Supreme Court ruled that states lack the power to disqualify federal candidates, the attorneys emphasized that the court did not challenge the insurrection finding itself.
3. The January 6 House Committee Report
   The bipartisan House Select Committee investigating the Capitol riot concluded that Trump unlawfully pressured then-Vice President Mike Pence to overturn Electoral College results. The report highlighted Trump’s actions as inciting the crowd, including chants of “Hang Mike Pence!”

A Steep Legal and Political Climb

While the attorneys’ proposal stirred controversy, they acknowledged the challenges of enacting it. “To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House,” they explained. “If the objection is sustained by majority vote in each house, the vote is not counted, and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president.”

Critics were quick to mock the op-ed on social media, with many dismissing it as a desperate and futile attempt to overturn the will of the 77 million voters who elected Trump.

History Repeats Itself?

The push echoes efforts in 2016 when celebrities begged electors to vote against Trump despite his decisive victory. Then, as now, the move faced backlash from Trump supporters and legal experts alike.

While the 14th Amendment argument may appeal to Trump’s fiercest opponents, its likelihood of success remains slim. Yet, the debate underscores the ongoing polarization and resistance to Trump’s presidency, even as his inauguration looms.