Democratic Senator Tim Kaine of Virginia believes that there’s a strong legal argument to use the 14th Amendment to prevent former President Donald Trump from running in the 2024 election. This is due to Trump’s actions related to the January 6th attack on the U.S. Capitol.
Shortly after January 6th, the House of Representatives impeached Trump for inciting an insurrection while he was trying to overturn his election loss. Ten Republicans and all Democrats voted for his impeachment. Trump denied any wrongdoing, and although seven members of his own party joined Democrats in supporting his conviction, he was ultimately acquitted by the Senate.
Kaine argued that the attack on the Capitol was intended to disrupt the peaceful transfer of power as outlined in the Constitution, making a compelling case for Trump’s disqualification.
The 14th Amendment states that someone cannot hold future office if, while in a previous office, they engaged in insurrection or rebellion against the Constitution unless they receive a two-thirds vote of Congress for amnesty. Some legal scholars and advocacy groups believe this applies to Trump, but similar efforts against other Republicans have failed.
A spokesperson for Trump’s campaign previously called this potential use of the 14th Amendment “blatant election interference.”
Kaine, a former vice presidential nominee, mentioned that his colleagues had debated using the 14th Amendment instead of pursuing a second impeachment after January 6th. He believed it might have been a more productive approach at the time.
However, Kaine also cautioned that Democrats shouldn’t solely rely on this legal maneuver and emphasized the importance of winning the 2024 elections. He suggested that winning legislative races in Virginia in 2023 would send a crucial message about the upcoming elections. President Joe Biden directed the Democratic National Committee to invest $1.2 million in these races to support campaign staffing and get-out-the-vote efforts.
Kaine also criticized many 2024 Republican presidential contenders for their loyalty to Trump, despite any potential legal issues he might face. He argued that pledging support for Trump despite his attempts to overturn the peaceful transfer of power showed a lack of moral compass.
When asked about Trump’s close standing with Biden in recent polls, Kaine attributed it to the collective trauma caused by the COVID-19 pandemic, job losses, and personal sacrifices. He highlighted the accomplishments of the Biden administration, such as infrastructure development and job growth, as reasons for optimism.
Kaine emphasized the need for Democrats to better communicate their achievements and policies, believing that this would help secure Biden’s reelection.