Professor Steven Calabresi wrote a letter to editors of the Wall Street Journal. He now concludes that President Trump cannot be disqualified under Section 3. In particular, Calabresi changed his mind on a debate he had with Professor Seth Barrett Tillman in 2008. Calabresi now agrees with Tillman that the President is not an "Officer of the United States."
Former U.S. Attorney General Michael Mukasey's op-ed "Was Trump 'an Officer of the United States'?" (Sept. 8) has caused me to change my mind about an argument that I have had with Prof. Seth Barrett Tillman for 25 years. Mr. Mukasey is right: Looked at in the context of the Disqualification Clause of the 14th Amendment, the president is neither an "officer of the United States," nor, obviously, a "member of Congress." That must be why the Constitution prescribes a separate oath for the president.
As a result, former President Donald Trump isn't covered by the Disqualification Clause, and he is eligible to be on the ballot in the 2024 presidential election. I am correcting the public record on this important issue by sending you this letter.
Last month, Calabresi endorsed Baude and Paulsen's article, concluding that Section 3 does disqualify Trump. I appreciate that Calabresi took the time to correct the public record.
