Edward B. Foley: Forget the #tRump trials. He might already be ineligible for 2024.
"None of the criminal prosecutions of Donald Trump, even if he is convicted, can constitutionally stop him from running in — and winning — next year’s election.
But there’s a serious argument that, separate from any criminal charges, Trump is constitutionally disqualified from returning to the White House because of his role in the Jan. 6, 2021, insurrection at the Capitol. And if the Constitution bars him from the presidency, then he’s not entitled to be on the ballot, and it becomes the job of state election officials to keep him off."
#j6 #fourteenthamendment #uspolitics
https://www.washingtonpost.com/opinions/2023/08/15/trump-ineligible-14th-amendment-unconstitutional-presidency
To be clear, and this sounds like a small detail but it's actually practical and important, an ineligible person can win an election *even if he can't actually take office*.
Even if #Trump is ineligible to *be* president, he can still run, and we (well, the EC) can still elect him. It's just that he can't be seated, so presumably the elected VP would be seated instead, and the rest of the succession rules would proceed as laid out.
Nothing can stop Trump from winning except the election process deciding to elect someone else.
That's completely separate from eligibility to actually take office, though.
It's not the job of state election officials to undermine the ability of their voters to elect who they want to elect.
