Why Trump Is ‘Disqualified’ from Running for President Again, Explained by a Law Professor

Laurence Tribe underlined what “disqualifies” 45 from holding the Presidency and declared that the accusations against Trump “really are besides the point.”

Laurence Tribe, a constitutional law expert at Harvard, stated that Donald Trump is “disqualified” from running for office again and that the Constitution “couldn’t be clearer.”

Tribe highlighted Section 3 of the 14th Amendment in an interview with CNN’s Wolf Blitzer on Friday, which stipulates that a person is ineligible to hold federal office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Tribe stated, “You are disqualified, period. So all of the charges against the president that at this time don’t happen to include insurrection are really beside the point.” Tribe compared the “disqualification” to those on presidential term limits, the legal age requirement for the position, and whether or not a person is a natural-born citizen.

Asa Hutchinson, the former governor of Arkansas, said at the first GOP debate that the former president is “disqualified,” and conservative law academics have recently cited the clause in their discussions of whether Trump is qualified for the presidency.

Tribe later said secretaries of state may have to set up a way to determine if Trump gave “aid or comfort” to the Constitution’s enemies before he pointed out the former president considering “full pardons” of Jan. 6 defendants.

“When he said he was going to pardon the ones who breached the Capitol and who had Confederate flags in there and caused mayhem and even death, that sure sounds like giving aid or comfort to the enemies of the Constitution,” he said.

Before he mentioned that the former president was considering “full pardons” for Jan. 6 defendants, Tribe subsequently stated that secretaries of state may need to establish a method to ascertain whether Trump provided “aid or comfort” to the Constitution’s foes.

“That sure sounds like giving aid or comfort to the enemies of the Constitution,” he added, referring to the president’s announcement that he would pardon those who broke into the Capitol, placed Confederate flags inside, and caused mayhem and even fatalities.

Later, Blitzer questioned Tribe about if the decision about Trump was “subjective” in nature. Tribe recently co-wrote an op-ed in The Atlantic about Trump’s ineligibility for president.

“Are you worried that this might eventually be abused?” enquired Blitzer.

It is undoubtedly difficult, but the 14th Amendment’s drafters included a safeguard for this very reason. They claimed that if it is misused, all it takes to eliminate a disability or disqualification is two-thirds of each house of Congress, Tribe said.