In a last-ditch effort to block President-elect Donald Trump from taking office, liberal lawyers Evan Davis and David Schulte urged Congress to invoke Section 3 of the 14th Amendment, arguing Trump’s alleged involvement in the January 6, 2021, Capitol riot made him ineligible for office. Writing in The Hill, they claimed evidence of Trump’s “insurrection” was overwhelming, despite the U.S. Supreme Court ruling that disqualification requires federal legislation and no conviction for insurrection exists.
The authors cited a Colorado court ruling that found Trump engaged in insurrection, though the Supreme Court clarified states lack authority to disqualify federal candidates. They also referenced the House January 6 Committee’s investigation but omitted evidence clearing Trump and implicating others.
Their proposal suggested barring Trump’s electoral votes, which would make Kamala Harris president, but Congress rejected the plea and certified Trump’s victory on January 3.
Meanwhile, The Federalist editor Mollie Hemingway noted on Fox News that former Rep. Liz Cheney’s departure to the Democratic Party took a “toxic” trait from the GOP, calling it an unexpected gift.
