A section of the 14th Amendment bars anyone who has 'engaged in insurrection or rebellion' against the United States from holding federal office.
It's not just Donald Trump who may face consequences for inciting the deadly insurrection against the United States last week, which led to the death of at least one Capitol Police officer and caused considerable damage to the Capitol building.
House Democrats are discussing using a section of the 14th Amendment to seek the expulsion of Republican members of Congress who helped incite the riot, along with Trump, with their lies of a stolen election and calls for Congress to overturn President-elect Joe Biden's landslide victory.
"Tomorrow, I'm introducing my resolution to expel the members of Congress who tried to overturn the election and incited a white supremacist coup attempt that has left people dead," freshman Rep. Cori Bush (D-MO) tweeted Sunday night. "They have violated the 14th Amendment. We can't have unity without accountability."
One hundred forty-seven Republican members of Congress voted to overturn Trump's loss — even after the violent mob of Trump supporters unleashed their deadly attack, including House Minority Leader Kevin McCarthy, House Minority Whip Steve Scalise, and eight Republican senators, led by Ted Cruz of Texas and Josh Hawley of Missouri.
Section 3 of the 14th Amendment clearly states:
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.
House Speaker Nancy Pelosi appears open to discussion about expulsions based on that Constitutional provision.
"Your views on the 25th Amendment, 14th Amendment Section 3 and impeachment are valued," Pelosi wrote in a letter to House Democrats on Sunday, which says that Democrats plan to begin impeachment proceedings against Trump if Vice President Mike Pence and the remaining Trump Cabinet members do not strip Trump of his power for the last nine days he remains in office.
Video and photographic evidence show just how much worse the attack could have been if not for the actions of some law enforcement officers who acted quickly and strategically to keep the insurrectionists from entering the House and Senate floors while members remained.
A number of House Democrats are on board with Bush's legislation calling for the expulsion of Republicans whose lies and efforts to overturn the Electoral College results helped spark the insurrection.
"Section 3 of the 14th Amendment was written after the Civil War to bar from government any traitors who would seek to destroy the Union. It forbids Members of Congress from engaging in rebellion against America. Trying to overturn an election is a pretty clear example of that," Rep. Bill Pascrell (D-NJ) tweeted.
Multiple Senate Democrats have called on Cruz and Hawley to resign or face expulsion. Both men objected to the Electoral College results, and thus are being considered key figures in the now-failed coup attempt.
"Every single one of the 12 Senators who created false hopes that this mob could stop Joe Biden from becoming President bears responsibility for this," Sen. Chris Murphy (D-CT) tweeted, referring to a video of the pro-Trump mob physically crushing the law enforcement officers working to keep the mob out of the building. "But unconscionably, Sen. Hawley was the only one to continue to object and force votes AFTER the assault — after 4 people died."
Republican in Congress haven't so far owned up to any responsibility for their actions leading up to Wednesday's terror attack.
Instead, they are claiming that pursuing punishment for Trump and others involved in the attack is too divisive and could only lead to more violence. And they're calling on Biden to help bridge the divide, abdicating any responsibility for fixing the division they created with their lies and fomenting of anger that helped lead to the attack.
"Impeaching the President with just 12 days left will only divide our country more," House Minority Leader Kevin McCarthy tweeted. "I've reached out to President-elect Biden today & plan to speak to him about how we must work together to lower the temperature & unite the country to solve America's challenges."
Published with permission of The American Independent Foundation.