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. nytimes.com/2021/01/12/opi…
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. nytimes.com/2021/01/12/opi…
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. nytimes.com/2021/01/12/opi…
It’s terms would and should apply to every one of them, almost automatically. Hope you’ll read and share. nytimes.com/2021/01/12/opi…
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.
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.
https://twitter.com/deepakguptalaw/status/1348946477448634369
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