The government watchdog organization Citizens for Responsibility and Ethics in Washington (CREW) says it’s preparing legal action meant to enforce what some believe is an already present Constitutional block on Donald Trump running for — and holding — the presidency once again.
The provisions of that guiding document at issue are found in the often discussed 14th Amendment, which includes restrictions on individuals who once took an oath to defend the Constitution later taking up elected office once again if they were involved with insurrection in the intervening period. The provisions were already used to force the removal from office of a county commissioner in New Mexico who had joined the crowds spreading through D.C. during the actual Capitol riot, and the same restrictions were referenced in unsuccessful attempts to challenge the eligibility of Republican political figures including Marjorie Taylor Greene and Madison Cawthorn, the latter of whom is already out of office anyway.
“Thank you @tribelaw and @judgeluttig,” CREW posted on X, formerly called Twitter. “Donald Trump is disqualified from the presidency under the 14th Amendment. We’re preparing to take action to ensure that he is.”
Laurence Tribe and J. Michael Luttig, the latter of whom is an ex-federal judge, were recently discussing their own belief that Trump isn’t legally able to reclaim the presidency under that portion of the Constitution. Though the establishment of the 14th Amendment was followed by action in Congress to remove some related restrictions, it’s been argued that the subsequent Congressional action only had a limited application rather than for all time making it allowed once more for elected officials to engage in or otherwise connect themselves to insurrection and then stay in or reenter office. Meanwhile, some have also sought to plug the perceived legal gaps left by the original Constitutional rules by making it so anyone who engaged in insurrection — whether or not they previously took an oath to defend the Constitution — is blocked.
Thank you @tribelaw and @judgeluttig. Donald Trump is disqualified from the presidency under the 14th Amendment. We’re preparing to take action to ensure that he is. https://t.co/gUF3ou3PR5
— Citizens for Ethics (@CREWcrew) August 20, 2023
