Democratic Sen. Tim Kaine of Virginia on Sunday said that he believes a strong legal argument can be made to use the 14th Amendment to remove former President Donald Trump from the ballot in 2024, citing Trump’s actions related to the Jan. 6 attack on the U.S. Capitol.
Shortly after Jan. 6, Trump was impeached by the House of Representatives for inciting an insurrection amid his push to overturn his election loss, with 10 Republicans and all Democrats voting to impeach him.
He denied any wrongdoing, and while seven members of his own party joined Democrats to support his conviction, he was ultimately acquitted by the Senate.
Let them fight it; it is their right to do so, in the courts. That is where legal disputes are adjudicated. It would be appropriate for courts, if so requested, to determine as a finding of fact, whether the Jan 6 invasion of the US Capitol for the purposes of preventing legal federal business is an “insurrection” (NM already decided that it was), and whether the actions of a given person rise to the level of “participation,” or “giving aid or comfort to the enemies of the United States.”
The answers to the above are ones that it would be good for the judicial system to rule on, no matter what answer(s) come out of such hearings. The sooner we get to that point, the better.