Trump Campaign Slams Bogus 14th Amendment Claims From Adam Schiff To Keep Him Off Ballot

The Trump campaign fired back at "bogus" efforts to keep him off the 2024 presidential ballot via the 14th Amendment even as Democrat Senators Adam Schiff and Tim Kaine have continued to push the legal theory.
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The Donald Trump campaign fired back at “bogus” efforts to keep him off of the 2024 presidential ballot via the 14th Amendment even as Democrat Senators Adam Schiff (D-CA) and Tim Kaine (D-VA) have continued to push the legal theory.

Kaine, the former Vice Presidential candidate for Hillary Clinton, and Schiff both revived the argument despite an Obama-appointed judge dismissing a lawsuit brought forth by a tax attorney and Democrat donor in Florida.

Section 3 of the 14th Amendment is a rarely cited Civil War-era provision that bars individuals from holding office if they “have engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”

The lawsuit was promptly dismissed by federal court Judge Robin Rosenberg on Thursday noting that the plaintiffs lacked “standing” to bring the challenge.

That didn’t stop Schiff and Kaine from seemingly coordinating their comments to further the argument, however.

RELATED: Florida Lawyer Sues To Keep Trump Off The Ballot, Citing Civil War Amendment

Schiff, Kaine, And the Washington Post All Make 14th Amendment Arguments To Keep Trump Off Ballot

Both Schiff and Kaine lent legitimacy to the legal theory that former President Trump could be removed from the presidential ballot for inciting a so-called “insurrection” in separate interviews this past Sunday.

In an interview with the left-leaning MSNBC, Schiff pointed out that the 14th Amendment bans those who “engaged in insurrection” from holding elected office and that it “fits Donald Trump to a T.”


That’s right. Schiff, one of the biggest election deniers of the Trump era and self-appointed spokesman for the Russia collusion hoax to undermine his presidency, wants to ban the leading GOP contender from the ballot box for voicing doubts about the previous election.

Kaine echoed those sentiments in an interview with “ABC This Week.”

“In my view, the attack on the Capitol that day (January 6th, 2021) was designed for a particular purpose at a particular moment, and that was to disrupt the peaceful transfer of power as is laid out in the Constitution,” Kaine argued.

“So I think there’s a powerful argument to be made,” he added without evidence.

The Washington Post suggested that the 14th Amendment legal theory is “gaining traction” citing as evidence “some scholars and liberal groups.”

RELATED: Now Even Republicans Are Trying To Keep Trump Off the Ballot With 14th Amendment Theories

Trump Campaign Fires Back

Early Tuesday morning, the Trump campaign fired off a fundraising email in which they addressed efforts by Democrats like Schiff and Kaine to argue that the 14th Amendment is a legitimate means to keep the leading Republican contender off the ballot.

“Those who want to stop Donald Trump won’t just resort to trying to jail him,” the donation request states.

“Now, the deranged Democrats and Never Trump Republicans are pushing a bogus theory on the 14th Amendment — one that has been thoroughly debunked, yet will generate press and clickbait,” the campaign continues. “The more they come up with ways to keep him from running, the stronger Donald Trump gets and the larger his ballot share.”

A spokesperson for the former President’s campaign separately dismissed the 14th Amendment argument as an “absurd conspiracy theory.”

As with much of what Schiff and Kaine have said during their senatorial careers, their comments are not based in reality.

Trump was impeached in January of 2021 on the charge of “incitement of insurrection,” but was ultimately acquitted by the Senate. No doubt that acquittal will form a significant portion of his defense.

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Further, just because the media and Democrats like to call January 6th an “insurrection” due to the fact it makes their supporters feel more knowledgeable by using a catchphrase three syllables longer than they’re used to handling, it doesn’t mean it’s accurate.

Even the New York Times has pointed out that “the Justice Department has not charged any rioters with that crime.”

You’ll also note that Special Counsel Jack Smith’s indictment did not include a charge of inciting insurrection, despite the House January 6th committee recommending that specific charge.

Considering they’ve leveled Trump supporters with every minor charge possible and elevated others, you know damn well the DOJ would have collared them and the former President with “insurrection” if they thought they could get it to stick.

Former law professor Alan Dershowitz also has made it clear that the 14th Amendment was intended to be used against high-ranking Confederates (or Democrats, if you look over your history).

“It wasn’t intended as a general provision empowering one party to disqualify the leading candidate of the other party in any future elections,” he wrote.

Be careful what you wish for, Democrats.

Barring the former President from running again based on a rarely cited Civil War-era provision without a trial could open up the floodgates for parties in power to keep their political opponents out of office in the future.

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Rusty Weiss has been covering politics for over 15 years. His writings have appeared in the Daily Caller, Fox... More about Rusty Weiss

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