Attorneys representing former President Donald Trump have argued that the US Constitution’s insurrection clause in the 14th Amendment does not apply to him, as he is exempt from the language as president and did not take an oath to support the Constitution.
They also claimed that the events of January 6, 2021 did not constitute an insurrection.
However, it is noted that the presidential oath of office explicitly mentions upholding the Constitution. (Trending: Donald Trump Confronts Bud Light CEO)
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” Section Three of the 14th Amendment reads.
“The framers excluded the office of President from Section Three purposefully. Section Three does not apply, because the presidency is not an office ‘under the United States,’ and President Trump did not take an oath ‘to support the Constitution of the United States,'” the filing read.
“Wow in a legal proceeding trump is now arguing he didn’t violate the 14th Amendment by inciting the Jan 6 insurrection because he ‘never took an oath to support the Constitution of the United States,'” Rep. Bill Pascrell (D-NJ) posted.
“This treacherous criminal is head of the republican party.”
The legal filing is part of a case in the Colorado Supreme Court to remove Trump from the 2024 ballot due to his involvement in the Capitol riot.
A judge ruled in Trump’s favor, but the decision has been appealed.
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States,” the oath reads.
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