In the @nytimes, @deepakguptalaw and I explore the hidden power of the 14th Amendment’s anti-insurrection provisions, particularly if used as a complement to impeachment, rather than a substitute for it.…
Most immediately, it’s a cudgel to brandish at Senate Republicans intent on letting Trump serve out his final days, particularly if they believe they can avoid the tough votes of a trial by running out the clock.…
But the legislative approach we lay out would serve as a font of accountability well into the future, until the full story of the siege is known and all applicable perpetrators (including those in the administration and Congress) are identified.…
It’s terms would and should apply to every one of them, almost automatically. Hope you’ll read and share.…
A critical postscript that did not make the column: the legislation Congress passes to enforce a broad disqualification must be called Responding to Insurrection and Ongoing Threats, or RIOT Act.

That’s actually in the Constitution.
(It’s not.)
In his thread, Deepak lays out the constitutional history, textual analysis, and legal principles that convinced us our proposed approach is sound, and helped us anticipate and answer a number of predicted objections. Read the whole thing.

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Brian Beutler

Brian Beutler Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @brianbeutler

10 Jan
When Twitter banned Trump I thought it was a face-saving move. But their rationale was oddly precise. Then Google and Apple banned Parler. Then Amazon kicked it off the open web. They’re not scared of boycotters. They’re scared their services are being used to organize an attack.
Probably not worth dwelling on, however, because as we all know Trump is an InCoMpEtEnT AuThOrItArIaN.
Seems bad.
Read 4 tweets
9 Jan
Democrats, as is their wont, can interpret this as a reason to give up, which is exactly what Blunt hopes they do, or they can interpret it as an invitation to send articles over and spend the next 12 days making Republicans pay a political price for doing nothing.
The inclination to do nothing unless a magic bullet appears is so self-defeating, particularly as magic bullets don’t exist.
An interesting document, clearly meant to deter the House. It shouldn’t.
Read 4 tweets
8 Jan
If I could impart one non-obvious thing to youngs about Congress it’d be that its famed gridlock isn’t obligatory. Its powers are awesome. Starting from scratch, a concerted House can impeach a president over your lunch break. A concerted Senate can remove him before dinner.
The gridlock stems from trying to get large numbers of people to agree to a course of action. But when a majority reaches consensus, as it has over the view that Trump should be impeached, it can move like lightning.
If it doesn’t then the leadership is choosing a slow pace for its own reasons.
Read 4 tweets
8 Jan
I wrote about this in a bit more detail in the newsletter, but legal consequences aside, Trump’s attempt to overthrow the government makes the democratic reform agenda and the Trump accountability agenda a single agenda.…
There were obviously points of overlap before, but now it’s just one thing. Joe Manchin can’t kill the former without leaving the government exposed to the next coup attempt: The most unpatriotic thing a senator could do.
DC statehood, voting rights, court reform etc. All require abolishing the filibuster. But they're not such abstract ideas anymore. They're insurance against the next attempt to seize control of government illegitimately, through corruption or force or both.
Read 4 tweets
8 Jan
Pretty abundantly clear Trump withheld reinforcements to insure his rioters could do as much harm as they could for as long as possible.
Everyone in the White House with even a passing connection to what happened Wednesday should probably lawyer up.
Now why would Meadows, Miller, McEntee, and Scavino need a pardon all of a sudden...?
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!