In a recent legal battle surrounding former President Donald Trump's eligibility to appear on the ballot, a challenge claiming insurrection as grounds for disqualification has emerged. Multiple states have raised objections to Trump's presence on the ballot due to his alleged involvement in the events of January 6th, which some argue amounts to an insurrection. However, it is worth noting that even prominent prosecutors have failed to bring substantive charges of insurrection against Trump.
One prosecutor in particular, Jack Smith, known for his aggressive tactics and experience at the House, did not find sufficient evidence to include insurrection in the indictment against Trump. It raises questions about the basis for disqualification, especially since no convictions have been made in relation to this matter. The argument suggests preemptively eliminating Trump from the ballot without proper due process.