Lefty legal experts call for Congress to disqualify Trump
- Democrats are pushing to prevent Donald Trump from taking office despite his electoral victory.
- Evan A. Davis and David M. Schulte call on Congress to disqualify Trump under Section 3 of the 14th Amendment.
- The likelihood of successful congressional action remains uncertain amid internal party divisions.
In the United States, following the 2024 presidential campaign, Democrats have been actively attempting to prevent Donald Trump from taking office again, despite his election victory. Legal experts Evan A. Davis and David M. Schulte are urging Congress to take immediate action, specifically invoking Section 3 of the 14th Amendment, which disqualifies individuals who have engaged in insurrection or rebellion against the country from holding office. They argue that the evidence supporting Trump's alleged insurrection activities is overwhelming. Davis, a prominent attorney and former president of the New York City Bar Association, and Schulte, an investment banker with connections to former President Barack Obama, believe that Congress possesses the authority to prevent Trump's inauguration. Their opinions reflect a significant shift in tactics following the Supreme Court's unanimous decision to allow Trump to appear on ballot without being disqualified by state courts based on the 14th Amendment. The legal community remains divided on the practicality of Democrats pushing for Trump's disqualification, especially considering that a 2021 impeachment trial regarding Trump's conduct related to the January 6 Capitol riot resulted in an acquittal due to lack of a two-thirds majority for conviction. Many legal analysts view the prospect of congressional action as unlikely, particularly because it could inadvertently elevate Kamala Harris, Biden’s vice president, to the presidency. Additionally, public sentiment and opinion among Democrat lawmakers may not align with the rigorous confrontation that such an effort would entail. Despite this, Davis and Schulte assert that failure to act would violate their oath to uphold the Constitution, thus placing pressure on Congressional leadership to consider their calls seriously. As the incoming session of Congress looms, the strategies employed by Democrats to influence the electoral process will likely intensify. With key positions and a potential majority on their side, the degree to which Trump can be impeded from retaking office remains uncertain, reflecting a broader contention within American democracy regarding accountability and electoral integrity.