I totally buy that trump at least "gave aid and comfort" to people now convicted of seditious conspiracy & should be held ineligible for public office.
But I will be shocked if SCOTUS holds that he can be kept off state ballots.
GOP lawyer with ties to three Trump rivals enters 14th Amendment fray
really hard to say. The law was created shortly after the Civil war. they would have to convince a judge that Trump actually "engaged in insurrection or rebellion" when it was more of an incitement, until he told them he loved them and for them to go home peacefully
Does telling people to "Fight like hell" and "Do the right thing" count? But one thing for sure, there has to be a ruling and not a "Let the voters decide"
@Kinnison well, there is also the "or given aid or comfort to the enemies thereof" language, which I think is more permissive. I think there's a good argument that by not calling in the national guard during the insurrection (at least) that qualifies as giving aid to the insurrectionists.
I'm convinced anyway... 😛