Criminal defense attorney David Schoen, who represented Donald Trump during his second impeachment trial, threw a damp blanket on Democrats’ efforts to stop the former president from implementing the 14th Amendment in 2024.
In a podcast appearance with award-winning journalist Sara Carter, Schoen rejected the argument that Trump could be eliminated from the ballot for engaging in “insurrection.”
He even described the attempt as “offensive” and “dangerous.”
“Their fallback position is that President Trump should be disqualified from office because he supported an insurrection and is therefore disqualified under the 14th Amendment to the Constitution,” he explained.
CLIP👇: Former Trump lawyer @DavidSchönLaw explains how the 14th Amendment does NOT prevent President Trump from running for office in 2024.
Subscribe to the #SaraCarterShow here: https://t.co/3vTnVhF8Mt pic.twitter.com/lH65ruRW0M
— Sara A. Carter (@SaraCarterDC) September 12, 2023
RELATED: Trump Campaign Rejects False 14th Amendment Claims from Adam Schiff to Keep Him Off the Vote
The 14th Amendment argument goes up in flames
Section 3 of the 14th Amendment is a rarely cited Civil War provision that prohibits individuals from holding office if they have “been guilty of insurrection or rebellion” or “given aid or comfort to the enemies thereof.”
It’s an argument even some Republicans have made.
However, Schoen rejects this idea and raises two counterpoints that we have repeatedly focused on at The Political Insider: the fact that Trump has not been charged with “insurrection” and that, from a legal perspective, he was acquitted by the Senate in his impeachment trial. regarding the issue.
CLIP👇: Former Trump lawyer @DavidSchönLaw explains how the 14th Amendment does NOT prevent President Trump from running for office in 2024.
Subscribe to the #SaraCarterShow here: https://t.co/3vTnVhF8Mt pic.twitter.com/lH65ruRW0M
— Sara A. Carter (@SaraCarterDC) September 12, 2023
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“I think it’s very, very dangerous,” Schoen said, responding to those who cheered the effort to exclude the leading Republican candidate from an option in the Democratically-held 2024 elections.
“I believe that even if President Trump were convicted in these cases, it would still not prevent him from becoming president of the United States again,” he said.
“He was not charged with insurrection or sedition,” Schoen said. ‘They could have done that. There is a federal statute that allows them to charge him with that.”
Special Counsel Jack Smith’s indictment did not include a charge of incitement of insurrection, despite the Jan. 6 House committee recommending that specific charge.
Judge dismisses 14th Amendment lawsuit against Trump, rules require plaintiffs to have no standing.https://t.co/2NeRtLuwQg
— Mr. Producer (@RichSementa) September 1, 2023
RELATED: Now even Republicans are trying to keep Trump off the ballot with theories about the 14th Amendment
Dangerous and offensive
Democrat Rep. Adam Schiff (D-CA) suggested that the 14th Amendment’s reference to insurrection could prevent Trump from ever being elected president again.
He specifically used the word.
In an interview with the left-leaning MSNBC, Schiff pointed out that the 14th Amendment prohibits those “engaged in insurrection” from holding elected office and that it is “appropriate Donald Trump to a T.”
NEW: Adam Schiff appears to call for Trump’s removal from the 2024 ballot under the 14th Amendment.
Can you hear the panic?
“Under the plain terms of the 14th Amendment, [Trump] should be disqualified from holding office.”
The statement comes at a time when there are several swing states… pic.twitter.com/m62iVzWowH
— Collin Rugg (@CollinRugg) September 4, 2023
Think about what they’re trying to do here. The term ‘rebellion’ used in this case is a completely fabricated fantasy by the media. It has never been an accurate description of the events that occurred on January 6, 2021.
But the media killed the term and now you know why. Legacy media uses the phrase ad nauseam, Democrats repeat it and then try to point to it as evidence that Trump is violating the 14th Amendment.
They conspire based on a fabricated legal argument.
It’s a completely fabricated argument. Not only was Trump never charged with it, but even the New York Times has pointed out that “the Justice Department has not charged any rioters with this crime.”
From a legal point of view – the only thing that matters – not a single person was involved in the uprising that day.
This is left-wing legal porn. For Trump to be constitutionally ineligible, he would have to be convicted of insurrection. Note that he is not accused of that, because he is not guilty of it. https://t.co/vwVlrPEwD7
— Areasman (@lheal) August 26, 2023
“As a matter of fact, the argument is offensive because it ignores the outcome of the properly conducted impeachment process,” Schoen added.
“I find it insulting, I wish we could get rid of the discussion,” he concluded. “I think it should be rejected.”
And the Trump witch hunt continues.
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