The idea of disqualifying Trump has suddenly gained traction. Here’s why Democrats are treating it gingerly.
. Imagine Trump being disqualified for his alleged role in an insurrection that half of Americans aren’t convinced was even an insurrection in the first place.Beyond that, there’s how the process of applying the 14th Amendment would come to be. Despite Trump’s overwrought attacks on the judicial system and the fact that some prosecutions are being brought by elected Democrats , his criminal trials will at least be decided by juries of his peers.
In the case of the 14th Amendment, we’re talking about activists or a potentially bold secretary of state getting the ball rolling, and the issue being decided by a handful of judges. Judges often decide issues of serious import like this, but they would be deciding something that both the legislative branch and prosecutors effectively declined.
The effort is far from certain to succeed, particularly if the conservative Supreme Court ultimately decides the issue in time. Proponents of this approach should probably ask themselves what the prospects for success even are, and whether they are worth the potential blowback.But let’s just say for a moment that it does succeed. Imagine it succeeds in a crucial state or two, and Trump is somehow kept off the ballot. Now imagine that state or those states wind up being decisive in a Trump loss.
It’s at this point that supporters of this idea will point out that virtually nothing will stop Trump from trying to delegitimize any election he loses — or many or most of his supporters from believing it was stolen from him. And that is undoubtedly true. He did it with the
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