In a recent article, George Washington University law professor Jonathan Turley expressed concern over the efforts by Democrats to prevent former President Donald Trump from running for office again. Turley referred to this effort as “the single most dangerous constitutional theory” he had ever seen, highlighting the potential threat it poses to democratic principles.
The controversy revolves around the suggestion that Trump may be ineligible to run for president in 2024 due to his attempts to contest the outcome of the 2020 election. Two legal scholars, William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, argue in an upcoming publication that Trump’s actions may disqualify him from holding public office. This argument draws parallel with a similar effort to disqualify Republican Rep. Madison Cawthorn of North Carolina for his alleged support of the January 6, 2021 Capitol riot, which was revived by the United States Court of Appeals for the Fourth Circuit.
Turley spoke out against this theory, emphasizing its potential dangers. He suggested that under the 14th Amendment, Trump could be permanently barred from running for office or holding any federal government position, based on the accusation that he supported an insurrection or rebellion. Turley’s concerns lie in the fact that such an interpretation could criminalize challenges to election results, which he believes is counter to democratic values.
This is not the first time Turley has criticized the actions of Democrats in relation to Trump. Earlier this month, he described the indictment against Trump in Georgia as “dangerous,” arguing that it essentially criminalized challenges to elections, which he saw as an authoritarian approach.
Given these perspectives, it is not surprising that Turley believes Democrats will go to great lengths to prevent Trump from taking office again. He suggests that their rhetoric about the importance of democracy will be abandoned when faced with the possibility of Trump winning another election.
It is worth noting that this article presents only one perspective on the issue. There are differing opinions among legal scholars and political commentators regarding the interpretation of the 14th Amendment and its applicability to Trump’s potential candidacy. The debate surrounding this constitutional theory is likely to continue as the 2024 election approaches.
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