Retired Harvard Law Professor Laurence Tribe, along with conservative former federal judge Michael Luttig, is one of the strongest advocates of using the 14th Amendment to disqualify former President Donald Trump from holding federal office again. One of the most adamant detractors of the idea, on the other hand, is George Washington University Law professor Jonathan Turley, a frequent defender of the former president who also advocated for Trump as a witness during his first impeachment.
But Turley's argument is ignorant of the facts and history, argued Tribe on CNN Wednesday.
"Conservative legal scholar, George Washington University law school professor, Jonathan Turley has weighed in," said anchor Erin Burnett. "And he said something — I wanted to give you a chance to respond to about why he thinks using the 14th Amendment against Trump does not make sense. Here he is."
POLL: Should Trump be allowed to run for office?
"I think that it's the most dangerous theory that has emerged in decades. I think it's entirely unsupported by the text and history of the 14th Amendment. This was written after the Civil War after an actual rebellion where hundreds of people died," said Turley in the clip. "It is notable Trump has not even been charged with incitement, let alone rebellion or insurrection. Yet they say this doesn't even require an act of Congress. That any judge can simply announce that he was supporting an insurrection and that he is therefore disqualified."
"All right, several points there," said Burnett. "Obviously he's saying the context matters. Hundreds of thousands of people died in the Civil War and that was why this was written, and that it would be inappropriate to use it in the context now. He does raise the point, accurately, that Trump has not been charged with rebellion, insurrection or incitement. Does he have a point there?"
"Absolutely not," said Tribe. "Mr. Turley doesn't know what he's talking about. The fact that there was no charge of incitement, no conviction, that's not the point. This provision was written specifically as an alternative to saying, whether you're convicted or not. They didn't expect people to be convicted under President Johnson. Whether you're convicted or not, that's a separate matter but if you engage in an attempt to overturn the government, you shouldn't be entrusted with power. How many have to die before we enforce this? There were several who died at the Capitol during the insurrection. That's all nonsense."
"It is conservatives like the judge and members of the Federalist Society who agree with me," continued Tribe. "I'm afraid Jonathan Turley is basically a hack. He doesn't really know what he's talking about."
Watch the video below or at the link.
Laurence Tribe debunks Jonathan Turley on the 14th Amendmentyoutu.be
