An obscure portion of the 14th Amendment of the U.S. Constitution says that public officials cannot serve in any future federal, state, or military office if they engaged in “insurrection or rebellion.” Would that apply to people who participated in the Jan. 6 attack on Congress?
Some legal experts say the clause could be used against former officeholders — up to and including former President Donald Trump — who supported the events of that day.
In a notable test case, plaintiffs in North Carolina are seeking to apply the clause to GOP Rep. Madison Cawthorn, who spoke at the rally on Jan. 6 just before Trump supporters’ stormed the Capitol. The trespassers temporarily delayed Congress’ official counting of the electoral votes for the 2020 presidential election, which Trump lost to Joe Biden. Observers argue this qualifies as an insurrection.