New Hampshire Secretary of State David Scanlan (R) is reportedly exploring whether Donald Trump is constitutionally disqualified from running for office.
An increasing number oflegal scholars across the political spectrum argue that Trump is not eligible to hold office because he violated Section 3 of the 14th Amendment, which bars from office anyone who has “engaged in insurrection or rebellion” or “given aid or comfort to the enemies” of the United States.
Scanlan confirmed to the Boston Globe that, after receiving letters urging him to take action, he is considering the possibility that he can bar Trump from the ballot.
“Not being a lawyer and not wanting to make a decision in a vacuum, I will be soliciting some legal opinions on what is appropriate or not before I make any decision,” he said.
“I have some in-house staff attorneys that are election experts,” he explained. “I will be asking the attorney general’s office for their input. And ultimately whatever is decided is probably going to require some judicial input.”
Despite the argument gaining traction in recent weeks, there are significant hurdles standing between it and Trump actually being disqualified from office.
Among those issues are:
- What exactly happened on Jan. 6, 2021, at the U.S. Capitol: Was it an “insurrection” or a “riot”?
- Who gets to decide if Trump is disqualified? Local officials? Judges?
- What happens when people inevitably interpret the constitutional text and the events of Jan. 6 differently and thus disagree on Trump’s constitutional eligibility to run for office?
- How can Trump be disqualified under the 14th Amendment when he has not been officially charged with insurrection, rebellion, sedition, or even incitement?
Soon, we may have answers to some of these questions.
Last Friday, Palm Beach County attorney Lawrence Caplan filed a lawsuit asking a federal court to declare that Trump is disqualified to run for the White House in 2024. The Trump campaign condemned the “meritless, bad faith case.”
Back in New Hampshire, the state Justice Department told the Boston Globe that Attorney General John Formella (R) has not taken a position on the issue. He is, however, reviewing the legal literature and will provide guidance to Scanlan.
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