Another Republican lawyer joins fight to disqualify Trump from ballot: report

A Republican lawyer with ties to three of former President Donald Trump's primary rivals is now investigating the theory that the former president can be barred from running in 2024 under the 14th Amendment, reportedThe Washington Post on Tuesday.

"Jason Torchinsky, a partner with the Virginia law firm Holtzman Vogel, has in recent days initiated conversations about the idea of trying to disqualify Trump with a range of figures, including a Democratic secretary of state, fellow election lawyers and a retired federal judge who has helped lead the push to question Trump’s eligibility, according to multiple people familiar with the calls, who spoke on the condition of anonymity to discuss private conversations," reported Amy Gardner, Patrick Marley and Yvonne Wingett Sanchez.

According to the report, Holtzman Vogel has previously done legal work for former Gov. Chris Christie (R-NJ) and businessman Vivek Ramswamy, and has also worked with Never Back Down, the super PAC of Gov. Ron DeSantis (R-FL) — all of whom are competing against Trump in the primary.

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The theory states that Trump can be excluded under a provision of the 14th Amendment that bars anyone from office who has “engaged in insurrection or rebellion” or “given aid or comfort” to insurrectionists. This was passed in the aftermath of the Civil War and used to block Confederates from serving in the unified government.

This idea, pushed most prominently by retired Harvard Law professor Laurence Tribe and conservative former federal Judge Michael Luttig, is already being tested in multiple states, with two of the most prominent lawsuits against Trump's eligibility being filed in Colorado and Minnesota.

But there are challenges to the idea. Most prominently, the 14th Amendment is vague about how it is enforced, raising debates over whether Congress is required to put the eligibility of an accused insurrectionist to a vote or whether a judge or a state election official can make the decision.