But they are thinking and talking about it….
An analysis by The Hill found that around a dozen Democratic lawmakers have spoken either publicly or privately over the last year about how Section 3 of the 14th Amendment might apply to those who engaged in insurrection on Jan. 6.
Among those whose offices have spoken recently with Tribe are Rep. Jamie Raskin (D-Md.), who sits on the Jan. 6 House Select Committee; Rep. Jerry Nadler (D-N.Y.), who chairs the powerful House Judiciary Committee; and Rep. Debbie Wasserman Schultz (D-Fla.).
“I continue to explore all legal paths to ensure that the people who tried to subvert our democracy are not in charge of it,” Wasserman Schultz told The Hill.
Nadler and Raskin did not respond to a request for comment.
Section 3 of the 14th Amendment, which was ratified after the Civil War, says that officeholders who “have engaged in insurrection or rebellion against the same” are disqualified from future office.
Raskin, a former constitutional law professor, served as a House manager during Trump’s impeachment trial over his role in the Jan. 6 attack. Days after Trump’s acquittal in the Senate, Raskin discussed the constitutional provision in a press interview, saying Trump was “right in the bullseye middle of the group….
Some scholars believe that Congress, by a simple majority in both chambers, could act on its own to find Trump engaged in insurrection, which would implicate the constitutional provision. Under the 14th Amendment, restoring Trump’s eligibility would then require a supermajority vote.
Other experts, like Tribe of Harvard, say Congress would need to go further, either by establishing a neutral fact-finding body to determine whether Trump engaged in insurrection under Section 3, or assigning that fact-finding role to a federal court.
One bill, introduced by Rep. Steve Cohen (D-Tenn.) after Trump’s Senate impeachment trial last February, would permit the attorney general to make the case before a three-judge panel that an office holder had violated the provision and should be barred from future office….