Liberal Lawyers Propose Longshot Nuclear Option to Stop Trump From Taking Office

Two liberal attorneys claimed Thursday that Congress can still prevent President-elect Donald Trump from taking office — and elect Vice President Kamala Harris in his place — if they act fast.

Congress can reject electoral votes on when they gather to certify them on Jan. 6 because Trump is disqualified from holding office under 14th Amendment, which restricts anyone who took an oath to support the Constitution and then “engaged in insurrection” from holding office, attorneys Evan Davis and David Schulte wrote in a column for The Hill.

“The unlikelihood of congressional Republicans doing anything that might elect Harris as president is obvious,” the attorneys wrote. “But Democrats need to take a stand against Electoral College votes for a person disqualified by the Constitution from holding office unless and until this disability is removed. No less is required by their oath to support and defend the Constitution.”

Two liberal corporate elitists, Evan Davis and David Schulte, are advocating for the nullification of a democratic election. 👇 https://t.co/zS3rdvYSSX pic.twitter.com/6gpd8eJIkk

— Daily Caller (@DailyCaller) December 26, 2024

Lawmakers have grounds to dispute the vote if electors were “not lawfully certified” or if the vote was “not regularly given,” they claim.

“A vote for a candidate disqualified by the Constitution is plainly in accordance with the normal use of words ‘not regularly given,’” the attorneys argued, writing that disqualification for insurrection is “no different from disqualification based on other constitutional requirements such as age, citizenship from birth and 14 years’ residency in the United States.”

4/ This is basic reading comprehension error of the Electoral Count Reform Act. The denominator is only reduced if the objection is that the vote was not "lawfully certified." If votes for Trump are rejected, the election goes to the House. pic.twitter.com/j7hDGIHoA1

— Derek T. Muller (@derektmuller) December 26, 2024