Election attorney Ron Fein told the Minnesota Supreme Court on Thursday that former President Donald Trump should be considered "disqualified" from the presidential ballot until he receives amnesty from Congress for leading an insurrection on Jan. 6, 2021.
At a hearing before the court, Fein seemed to take the position that Trump could not be placed on the state's ballot because of his actions on Jan. 6. The 14th Amendment of the U.S. Constitution bars insurrectionists from running for office.
At one point during Fein's presentation, he touched on the "extremely hypothetical possibility" that Congress could provide amnesty to Trump. Under the Constitution's rules, two-thirds of Congress would have to vote to exempt him if he participated in an insurrection.
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"It is extremely speculative that Trump would receive amnesty from two-thirds of both houses of Congress," Fein explained. "He hasn't even asked for amnesty to this date, and this court has said that it does not decide questions that are purely hypothetical."
"He's disqualified unless and until two-thirds of Congress, both Houses grant him amnesty," he added.
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