Former federal prosecutor Glenn Kirschner joined the ranks of several other legal experts, including retired Harvard Law professor Laurence Tribe and former conservative federal judge Michael Luttig, in arguing that former President Donald Trump is automatically disqualified from running for office again under the plain text of the 14th Amendment's prohibition on aiding insurrection.
"Another top lawmaker, Congressman Adam Schiff, is making the case that the 14th amendment should disqualify trump from holding office," said anchor Lindsey Reiser on MSNBC Monday. "Let's listen to what he told my colleague, Jen Psaki."
"The 14th Amendment, Section 3 is clear: if you engage in acts of insurrection or rebellion against the government or give aid and comfort to those who do, you are disqualified from running," said Schiff in the clip. "It doesn't require you be convicted of insurrection, it requires that you have engaged in these acts. It's a disqualification from holding office again, and it fits Donald Trump to a T."
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"Is there a case to be made here?" asked Reiser.
"There certainly is, and these are cases that are going to end up in court," said Kirschner. "You know, legal scholars left and right are lining up behind the position, the interpretation of the Constitution that Donald Trump is already disqualified by operation of Section 3 of the 14th Amendment, just as he would be disqualified if he was only 34 years old or not a natural-born citizen. And, you know, the authors of that really detailed, excellent law review article say that all that is left to do is for the people who are in a position to either put somebody's name on a presidential ballot or decline to put somebody's name on a presidential ballot, all they are left to do is follow the Constitution, and decline to put Donald Trump's name on the ballot."
"That will undoubtedly inspire litigation," Kirschner added. "I think whether the name goes on the ballot or doesn't, it's going to inspire litigation, and then these challenges are going to be resolved in the courts."
