Some legal scholars and election officials say so, despite the recent push.
Former President and Republican presidential candidate Donald Trump speaks at a South Dakota Republican party rally in Rapid City, South Dakota, Sept. 8, 2023.from the 2024 ballot under the 14th Amendment gather steam, some election officials are pushing back and legal scholars are arguing doing so would be anti-democratic, among other concerns.
Former President and Republican presidential candidate Donald Trump speaks at a South Dakota Republican party rally in Rapid City, South Dakota, Sept. 8, 2023.
"Invoking the 14th Amendment is merely the newest way of attempting to short-circuit the ballot box. Since 2018, Georgia has seen losing candidates and their lawyers try to sue their way to victory. It doesn't work," Raffensperger wrote in a Wall Street Journal op-ed after the Colorado lawsuit was filed.
But even though the mob of Trump supporters who attacked the Capitol on Jan. 6 was trying to stop the constitutional transfer of power -- one legal scholar who spoke with ABC News questioned whether that amounts to the same thing as trying to overthrow the government. "So, somebody could say -- I mean, and Trump will certainly say -- 'Look, it was a riot. You could describe it any number of other ways, but it's not an insurrection. It's too far removed from the Civil War to be something considered a constitutional insurrection,'" Magliocca said.
Sterling, the Georgia elections official, predicts courts would find that a lack of a Trump criminal conviction would be a key reason against disqualification.
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