The HuffPost’s invaluable S.V. Date brings up what sounds like it could be a major problem for Trump and certainly should be, in a just world, but likely will not be. An old Civil War law prevents people who have participated in a rebellion or insurrection against the United States from holding a federal office.

The law was meant to put the burden of proof upon the southern states to prove that the people they were sending to Washington were not troops just back from the War and shooting United States federal government workers. It was fairly easy to make a finding that a colonel in the Confederate Army had waged war against the United States.

Now some people think that certain states may try to keep him from running using the same law due to January 6th. This is not a well-thought-out argument, not – yet, anyway.

As S.V. Date reports for the HuffPost, the former president, who is being investigated for his part in setting off an insurrection on Jan 6th of last year, may find himself banned from appearing on ballots in six southern states — including North Carolina, Georgia and Florida — due to a law passed in 1868 following the Civil War.

As S.V. Date reports for the HuffPost, the former president, who is being investigated for his part in setting off an insurrection on Jan 6th of last year, may find himself banned from appearing on ballots in six southern states — including North Carolina, Georgia and Florida — due to a law passed in 1868 following the Civil War.

(The other states are South Carolina, Alabama and Louisiana).

As Date wrote, “The third section of the 14th Amendment prohibits people who swore to defend the Constitution, but who subsequently took part in an insurrection against the United States, from holding state or federal office.”

As the report notes, the law was passed to “put the burden” on states that seceded, compelling them to “keep those who have been involved in insurrections from seeking office” — which could include the former president.

Yes, well – their heart may be in the right place, but without a conviction for insurrection against the United States, we cannot possibly see how it could work. That’s the thing in a country of laws, we don’t just get to decide Trump waged war that day (in our impression) and show the tape. It would take a judicial finding or an official finding by Congress. Indeed, Congress had its chance to prohibit Trump from running and came up about ten total votes short.

We are going to go out on a limb here and say that despite the law’s clarity, it cannot be used against Trump without some official court finding, even Congress is probably too political. Of course, we don’t know what evidence the Committee might have. They may be able to get that conviction. But that’s likely what it would take.

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[email protected] and on Twitter @JasonMiciak

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