General Discussion

In a new interview with CNN, Rep. Jamie Raskin (D-Md.) — currently the top Democrat on the House Judiciary Committee — proclaimed former President Donald Trump to be clearly disqualified from holding public office in the future.

Raskin based his remarks on the now often cited provisions of the national Constitution’s 14th Amendment that block individuals who reneged on an oath of office via engaging in insurrection from later returning to various positions of governmental power. The connection made to Trump is the violence of January 6, 2021, which figures from Colorado Judge Sarah Wallace to Special Counsel Jack Smith’s prosecution team going after Trump at the federal Justice Department have held to be essentially the doing of the former president. He’s tentatively on track to be blocked from ballots in two states already, though the Colorado ruling establishing as much was put on hold for now.

“This becomes a test for the originalists and the textualists on the Supreme Court,” Raskin said, discussing the expected arrival of disputes over Trump appearing on the ballot at the Supreme Court. “And I think all of the Justices from Left to Right call themselves textualists and originalists. The language of Section 3 of the 14th Amendment is very clear. It says if you’ve sworn an oath to support the Constitution and then violated the oath by engaging in insurrection or rebellion, you can never hold public office again.” Raskin then argued that the historical record of the formulation of the 14th Amendment establishes a clear intent outlined by that language, since the original proposal was narrowed.

Trump “has disqualified himself,” Raskin summarized.