In a panel discussion about former President Donald Trump's legal troubles, former federal prosecutor Barbara McQuade noted that there are legal troubles that might stop him on his path to the Office of the Presidency in 2024.
While Trump faces civil problems from the New York attorney general and additional financial issues with his inaugural committee in Washington, D.C., it could be another issue entirely that causes him problems.
"The only one I think is the one that is contained in the 14th Amendment," explained McQuade. "It talks about if somebody has engaged in insurrection against the United States, they shall be prevented from holding public office."
The problem, she explained, is that the Constitution doesn't define how the finding of insurrection must be made.
"Does it mean you have been convicted of a crime?" asked McQuade. "Solely that crime, or can it be other crimes around it, like a conspiracy to defraud the United States by preventing the peaceful transfer of presidential power. Is that good enough? And who makes that finding. Do you have to be convicted in court? Can it be a finding by the Jan. 6 committee? And anywhere else in the Constitution, it doesn't really say that a person is barred from holding public office like the presidency for anything else. Conviction of a crime? It's really not clear. it seems like the best way to prevent Donald Trump from becoming president is exposing his conduct and let the will of the people prevail. Of course, when there are forces out there trying to push disinformation, it can be difficult for voters to ascertain what's true and fiction."
See the full conversation below:
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