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The U.S. Capitol Dome is seen as House Republicans continue to search for a Speaker of the House in the Longworth House Office Building on Capitol Hill on October 24, 2023 in Washington, DC. (Photo by Win McNamee/Getty Images)

OAN Staff Blake Wolf
1:46 PM – Friday, December 27, 2024

Two legal scholars recently published an op-ed for The Hill, detailing a plan to prevent President-elect Donald Trump from re-taking office, citing an “oath-breaking insurrection” clause.

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Evan Davis and David Schulte, two left-wing Ivy League-educated scholars, were the authors of the piece, desperately calling on Democrats to legally prevent Trump from taking office due to the January 6th U.S. Capitol demonstration.

They claimed that evidence of Trump “engaging in such insurrection is overwhelming.”

The article cites Section 3 of the 14th Amendment to the Constitution, which states that “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … 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.”

The hypothetical scenario would require a two-third vote from the Republican-controlled House and Senate to pass, which is extremely unlikely, as Trump has garnered loyalist support from Congress.

“I think the Dems will consider because there should be some reluctance to set aside the Constitution and because they voted to impeach and convict for inciting insurrection. We wrote the piece to encourage attention to the Constitution either by rejecting electoral votes or by a ⅔ vote to remove the disability,” stated Davis, one of the writers in the op-ed.

The other co-writer, David Schulte, noted that he believes “members of Congress are becoming more aware of the issue by the hour, and they’re duty-bound to consider it as guardians of the Constitution. How they’ll react remains to be seen, both Democrats and Republicans. They’ve all taken the same oath of office.”

“Congress will do what it does, and it has the power under section 3 to free Trump of the disability of disqualification by reason of insurrection. The politics are intense though the law is clear. Should Trump be certified, unless the disability is relieved his administration will labor under a cloud of illegitimacy,” he added.

Meanwhile, the MAGA crowd pushed back on the idea that Trump could be denied a second term after his historic victory, with many accusing The Hill outlet of espousing its own Democrat “insurrection” in its attempts to prevent Trump from retaking office.

“Sounds like @thehill is endorsing insurrection. Yes, try blocking the inauguration of a President who won the popular vote and the electoral college. Let’s see how that goes for y’all,” wrote Conservative activist Robby Starbuck.

“Such a crazy thing for them to say. Legacy media is just the propaganda arm of the radical left,” wrote Elon Musk.

“The former editors-in-chief of the Columbia Law Review & of the Yale Law Journal want Congress to engage in what would be among the most egregious abuses of power in the history of the republic by overturning a democratic election & blocking a duty-elected president from office,” added Conservative commentator Jerry Dunleavy.

Soon after, Texas Senator Ted Cruz (R-Texas) also joined in on the condemnation, reminding Americans that “Trump derangement syndrome is real.”

“It is a serious mental illness. These people are freaking nuts. They hate his guts. They’ve lost their minds, and at this point, understand these two numb skulls and every other Democrat who engages is in fantasy about this is an election denier and an insurrectionist,” Cruz argued.

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