Could a 'treason clause' kick Trump off the ballot?
Sep 5, 2023
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Legal expert discusses the possibility of removing Trump's name from the ballot using the 14th Amendment. The podcast also explores the philosophical divide within conservatism, the potential impeachment of President Biden, and the age concerns in American politics.
The 14th Amendment of the US Constitution, Section 3, could potentially disqualify Donald Trump from running for president due to his involvement in the events of January 6th, 2021.
Republicans are considering launching an impeachment inquiry against President Joe Biden based on allegations surrounding Hunter Biden's business dealings, but it is unclear if they have enough substantial evidence to proceed.
Deep dives
The 14th Amendment and the Possibility of Disqualifying Trump
The 14th Amendment of the US Constitution, Section 3, has been considered as a potential legal avenue to disqualify Donald Trump from running for president. This amendment includes a post-civil war disqualification clause that bars individuals who have engaged in insurrection or rebellion from holding public office. The events of January 6th, 2021, when Trump supporters stormed the Capitol, have raised the possibility of Trump being deemed an insurrectionist. Some conservative lawyers who previously backed Trump are now behind the move to disqualify him. However, the application of this amendment is complex, and it remains uncertain if the Supreme Court would consider January 6th as an insurrection on the same level as the post-civil war events.
Possible Impeachment Inquiry Against Joe Biden
Republicans are discussing the possibility of launching an impeachment inquiry against President Joe Biden. The focus of this inquiry would be Hunter Biden, Joe Biden's son, and his business dealings, including allegations of improper use of his father's name and financial gain. While Republicans aim to gather evidence to support the impeachment, it is unclear if they have enough substantial evidence to proceed. The Biden team appears unfazed by the discussions, as they believe that any impeachment inquiry could potentially boost the president's popularity, following the historical trend of impeachment having positive political effects on the impeached individual.
Concerns over Aging Politicians' Performance
The recent episodes involving age-related concerns and lapses in performance of political figures such as Senate Minority Leader Mitch McConnell and Senator Dianne Feinstein have ignited discussions about when an individual becomes too old to hold office in American politics. Concerns are raised about the impact on the political landscape when prominent politicians in powerful positions experience health issues or cognitive decline. The presence of aging politicians raises questions about the availability of opportunity for younger generations and the need for a fresh perspective in American politics.
The Challenge of Finding Suitable Candidates
The United States faces a challenge in finding suitable candidates for the presidency who can garner broad public support. With many voters expressing dissatisfaction with both older politicians and those accused of corruption, a significant percentage of the electorate feels politically homeless. This indicates a desire for alternative candidates who can offer a new vision and address the concerns of a diverse and evolving society. However, due to the dominant status of older incumbents and the limitations of the current political landscape, finding such candidates remains a challenge.
The 14th Amendment is not something anyone has discussed much since the 1800s.
But right now it's the talk of the town.
It includes a post-civil war clause that bars anyone from holding public office if they've engaged in an insurrection or rebellion.
Right now, there are lawyers, academics and die-hard constitutionalists who are working out if there's a legal channel to remove Trump's name from any electoral ballot on the grounds he tried to overturn democracy on January 6th 2020. We speak to a Watergate special prosecutor about what could happen. And we look at the Republican move to launch an impeachment enquiry into Joe Biden. Do they have evidence of wrong doing?
Editor: Gabriel Radus
Social Editor: Georgia Foxwell
Planning Producer: Alex Barnett
Video Producer: Will Gibson-Smith
The News Agents is a Global Player Original and a Persephonica Production.
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