In a new article for The Atlantic, retired former federal judge J. Michael Luttig and top legal scholar Laurence Tribe make the case that the Constitution includes a provision that disqualifies Donald Trump from holding public office again. Section Three of the Fourteenth Amendment is also known as the “disqualification clause.” It’s only two sentences long but it could doom Trump’s bid to return to the White House. The disqualification clause “forbids the former president from holding the office of the presidency again because of his conduct in and around January 6, 2021,” says Judge Luttig. And as Tribe points out, it’s not a sanction against an individual. “The framers of the 14th Amendment took great care not to treat this as a punishment … Nobody has a right to be president without meeting the qualifications.”
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