Donald Trump Has 'Constitutional Problem' Ahead of 2024 Run: Kirschner
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A video of former President Donald Trump is played during a hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on October 13, 2022 in Washington, DC.
Former president Donald Trump must not be allowed to run for office again after he violated the Constitution by inciting the January 6 insurrection, according to a former federal prosecutor.
Glenn Kirschner, a legal analyst for NBC and MSNBC, was discussing how the House Select Committee investigating the Capitol riot recommended that Trump be banned from running for president over his role in the January 6 attack.
The panel said that Trump must be disqualified from running for office for violating Section 3 of the 14th Amendment which states that any person who "engaged in insurrection or rebellion" after taking a congressional oath should be prevented from running for office again.
Speaking on his Justice MattersYouTube channel, Kirschner said that Trump will be met with a "constitutional problem" during his attempt to re-enter the White House because of the 14th Amendment.
"When you look at the federal law, the statute that defines how one commits the crime of insurrection, it talks about if you incite the insurrection, if you assist the insurrection, or if you give aid and comfort to the insurrection, you have committed the crime of insurrection," Kirschner said.
"And Donald Trump hit the trifecta of insurrection."
Kirschner said Trump incited the insurrection by telling his supporters to come to Washington D.C. on January 6, 2021, to take part in "wild" election protests and "whipped them up into a frenzy" by continually pushing false claims the 2020 election was stolen from him.
Kirschner noted how Trump told his supporters during his speech at the Ellipse just prior to the riot that they needed to "fight like hell" before urging them to march to the Capitol.
"He also assisted the insurrection because once his angry mob was there attacking the Capitol he sent out that tweet: 'Mike Pence didn't have the courage to do what needed to be done' to keep me in office, in substance, is what he communicated to that angry mob," Kirschner said. "He thereby assisted the insurrection while it was in progress.
"Then he gave aid and comfort to the insurrection later in the day. By saying 'this is what happens when an election is stolen. We love you, always remember this day.' How's that for giving aid and comforting the people who just attacked the Capitol?"
Kirschner added that while the Constitution states that any person who engaged in insurrection must be barred from office, it does not state how to implement such a move.
The former prosecutor suggested that Republicans politicians who are frequently "carping about strict construction of the Constitution" should be the ones pushing for Trump to be disqualified from running for office for violating the 14th Amendment.
"Strictly construed the Constitution, the 14th Amendment, Section 3 says Donald Trump is disqualified," Kirschner said.
"So I guess Democrats and Republicans can all hold hands, strictly construe the 14th Amendment's disqualification clause and we should all reach the same conclusion—Donald Trump is disqualified from being president again, or holding any office."
Trump has denied any wrongdoing in connection with the January 6 attack, and frequently calls the congressional and criminal investigations into the insurrection a politically motivated "witch hunt" against him.
Donald Trump has been contacted for comment.
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