Jennifer Rubin: Can insurrectionist enablers be disqualified from office? It's complicated.
Source: Washington Post
Opinion: Can insurrectionist enablers be disqualified from office? It’s complicated.
By Jennifer Rubin
Columnist
January 12, 2022 at 12:02 p.m. EST
Section 3 of the 14th Amendment disqualifies an elected official from holding federal office if they “engaged in insurrection or rebellion against the [United States], or given aid or comfort to the enemies thereof.” In the aftermath of the violent insurrection on Jan. 6, scholars and politicians began to consider whether members of Congress or the defeated former president should be blocked from holding office.
There are two hurdles to disqualification. Both raise unique questions for which there is little legal guidance.
First, defining “insurrection” is not straightforward. The relevant law in the U.S. Code does not help much. Section 2383 of Title 18 proclaims that “[w]hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.” To date, the defendants in the Jan. 6 prosecutions have not been charged with “rebellion or insurrection,” but that does not prevent prosecutors from sustaining such a charge against insurrectionists.
Second, Section 3 has no established mechanism for enforcement. Could Congress pass a resolution disqualifying some of its members? Could a political opponent of someone who assisted the Jan. 6 mob or who plotted to discard states’ electoral votes sue? We may find out soon.
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Read more: https://wapo.st/3tjLwAf
Original WaPo link: https://www.washingtonpost.com/opinions/2022/01/12/can-insurrectionist-enablers-be-disqualified-office-its-complicated/