Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

House Democrat to introduce legislation to stop Trump from running for president: Is that even constitutional?
Hotair ^ | 11/16/2022 | Karen Townsend

Posted on 11/16/2022 9:27:58 PM PST by SeekAndFind

Rep. David Cicilline (D-RI) plans to introduce legislation that is meant to prevent Donald Trump from holding office again. He sent a letter to his Democrat colleagues in Congress on Tuesday night, the night that Trump announced his candidacy for President in 2024. Cicilline’s letter previewed the bill for his colleagues but didn’t say when he plans to introduce it. He listed a deadline of Thursday at noon for lawmakers who wish to cosponsor the bill.

Cicilline is not exactly an impartial observer. He was a House impeachment manager for Trump’s second impeachment trial. He is citing the 14th Amendment to justify trying to stop Trump from running for office.

“Given the proof – demonstrated through the January 6th Committee Hearings, the 2021 impeachment trial, and other reporting – that Donald Trump engaged in insurrection on January 6th with the intention of overturning the lawful 2020 election results, I have drafted legislation that would prevent Donald Trump from holding public office again under the Fourteenth Amendment,” a letter Cicilline is circulating in Congress reads.

The letter says that Trump, “despite knowing that the election results were lawful; attempted to intimidate state and federal officials when they did not support his false claims and unlawful plans.” It specifically cites how Trump tried to influence Mike Pence to abuse his role as the leader of the Senate and reject the results of the 2020 election so that Trump could remain in the White House.

Last year, Cicilline introduced articles of impeachment in the House that led to Trump’s second impeachment. He was later named one of the impeachment managers and brought the case to the Senate.

“We’ve seen this back-sliding of democracy and attempted coups in places all over the world, but never imagined it could ever happen in the United States of America,” he later told The Hill. “And we were watching it unfold before our very eyes. So it was really clear to me from that very first moment that we had to do something to hold the president at the time accountable for his incitement of this violence.”

Good luck with that one, buddy. Some of us may not prefer that Trump runs again in the 2024 GOP presidential primary but if he is successful in that primary, I don’t see the fever dream of an impeachment manager holding much sway in stopping Trump from running. Sure, Trump was impeached twice but he was not removed from office. This country is deeply divided and such a move would simply serve to unite Republicans behind Trump, not repel them to whichever Democrat runs in 2024.

Cicilline argued that Trump should be barred from holding office under Section 3 of the 14th Amendment, known as the “Disqualification Clause,” which says individuals should not be allowed “to hold any office” if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

The congressman said his bill “details testimony and evidence demonstrating how Donald Trump engaged in insurrection against the United States,” pointing to revelations from Jan. 6 select committee hearings.

“It specifically details how Donald Trump engaged in insurrection when he helped to plan and encouraged the insurgence on January 6th despite knowing that the election results were lawful; attempted to intimidate state and federal officials when they did not support his false claims and unlawful plans; tried to manipulate Mike Pence into unlawfully refusing to certify the election results, despite Mr. Pence’s and legal advisors’ assertion that he held no such authority; and supported the violent insurrection at the Capitol on January 6th, refusing for hours to denounce or act against the mob and putting thousands of lives in danger,” the letter reads.

Democrats have tried since Trump was elected to get rid of him and/or prevent him from running again in 2024. The January 6 hearings were all about dinging up Trump in advance of 2024. This effort by Cicilline is likely doomed before it even gets started. If legislation is introduced, though, he will have to present a process for how to use Section 3 of the 14th Amendment. The Congressional Research Service (CRS) report says the text is vague.

“It is unclear whether Section 3 is self-executing, which, if it is not, would leave federal and state courts or election authorities without power to determine the eligibility of candidates unless Congress enacts legislation to permit it. Courts have produced mixed results on this question,” the CRS report reads.

“Section 3 does not expressly provide a procedure for its implementation other than Section 5’s general authority of Congress ‘to enforce [the Fourteenth Amendment’ by appropriate legislation,’” it adds.

An abundance of long knives are out for Trump now after his announcement last night. The Never Trump grifters at The Lincoln Project who have made millions of dollars off of angry Democrats have a video out today and it sounds a little incite-y if you ask me.

Did you notice the conservatives or conservative-leaning people they chose to spotlight in that video? The only people who sounded angry after that announcement were not named Donald Trump but those who are predisposed to oppose Trump. Trump was very calm, almost eerily calm, and collected during the announcement. He stayed on message and didn’t bring up his grievances about 2020. His speech was not made of the red meat we are accustomed to hearing when Trump’s on the campaign trail.

Up until the announcement on Tuesday night, only Rep. Elise Stefanik (New York), a member of House leadership, had endorsed him for 2024. Just before his speech from Mar-a-Lago last night, Rep. Marjorie Taylor Greene endorsed him.

🚨 BREAKING: Congresswoman Marjorie Taylor Greene endorses President Trump

“President Trump has my complete and total endorsement for President in 2024! 🇺🇸” —@RepMTG pic.twitter.com/UQJR8yGJpT

— MTG Clips (@MTG_Clips) November 15, 2022

Biden’s handlers released a video on his Twitter account firing back at Trump’s announcement.

“Trump failed America,” the video concludes after attacking Trump on abortion, the economy and Jan. 6.

A reporter asked Biden and French President Emmanuel Macron at the Group of 20 summit in Indonesia if they had a reaction to Trump’s announcement. The two shared a faint smile and Biden said “not really,” while Macron stayed silent.

Is it going to be another Trump and Biden race in 2024, or a DeSantis and Biden race in 2024?



TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: congress; davidcicilline; impeachment2; looneytune; presidency; trump

1 posted on 11/16/2022 9:27:58 PM PST by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind

I thought THE PEOPLE chose the Pres.


2 posted on 11/16/2022 9:31:23 PM PST by Singermom
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
Cicilline’s letter previewed the bill for his colleagues but didn’t say when he plans to introduce it.

This is going absolutely nowhere. Just more Rat grandstanding.

3 posted on 11/16/2022 9:32:46 PM PST by Kenny Bania (Ovaltine? Why not call it Roundtine?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

4 posted on 11/16/2022 10:01:32 PM PST by caww (O death, when you seized my Lord, you lost your grip on me......Augustine)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

.


5 posted on 11/16/2022 10:05:58 PM PST by sauropod (Fascists also buy Comcast cable packages" - Olby - Wanna buy mine?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

“Is it legal?”

Of course not. But that has never stopped a Democrat before.


6 posted on 11/16/2022 10:31:27 PM PST by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Since he hasn’t been convicted of anything, I don’t see how they can prevent him. They’re terrified of him.


7 posted on 11/16/2022 10:37:53 PM PST by Flaming Conservative ((Pray withSout ceasing)y)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

If this goes anywhere it will be challenged in court and thry will lose.


8 posted on 11/17/2022 2:48:46 AM PST by vivenne
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Maybe they should have read the Constitution before they shredded it. This is clearly an unconstitutional bill of attainder.


9 posted on 11/17/2022 3:36:57 AM PST by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Is that constitutional?

LOL! What do you think?


10 posted on 11/17/2022 3:41:38 AM PST by FLT-bird
[ Post Reply | Private Reply | To 1 | View Replies]

To: Singermom

The People can’t be allowed to pick a President. Only the radical progressive elites on BOTH sides of the aisle should be allowed to pick our President. We obviously aren’t smart enough.


11 posted on 11/17/2022 4:19:40 AM PST by Qwapisking ("IF the Second goes first the First goes second" L.Star)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

They are afraid of Trump and are throwing everything at him they can think of.


12 posted on 11/17/2022 4:20:00 AM PST by I want the USA back (Our news media isn't worth camel spit. Neither is the democrat party. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Democrats and the Constitution...right...


13 posted on 11/17/2022 4:21:51 AM PST by maddog55 (The only thing systemic in America is the left's hatred of it!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Article I, Section 9, Clause 3 (”No Bill of Attainder or ex post facto Law shall be passed”)


14 posted on 11/17/2022 4:22:59 AM PST by j_guru
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

From the article: “This country is deeply divided and such a move would simply serve to unite Republicans behind Trump, not repel them to whichever Democrat runs in 2024.”

That maybe the plan because they think they know how to defeat Trump. Just like they funded republicans in certain primaries they thought would be easiest to beat in the general election.


15 posted on 11/17/2022 4:51:18 AM PST by DugwayDuke (Most pick the expert who says the things they agree with.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

To all you in Rhode Island that voted for that clown. Shame on you. An all blue state. How’s that working out for you????


16 posted on 11/17/2022 5:52:06 AM PST by MGunny ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

The democrats have a hell of a time trying to give up their Klan ways obey or burn is in their blood.


17 posted on 11/17/2022 8:36:32 AM PST by Vaduz (LAWYERS )
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson