Democrats have a back-up plan in case the Senate doesn’t convict Trump on impeachment
By Michael Wilner
February 08, 2021 02:38 PM,
WASHINGTON
House and Senate Democrats may push ahead this week with a censure resolution to bar former President Donald Trump from holding future office over his role in the U.S. Capitol riot, anticipating acquittal in the Senate impeachment trial, several sources familiar with the matter told McClatchy.
The effort to draft the resolution that would invoke a provision of the 14th Amendment began quietly in January and gained momentum over the weekend, as Democratic Sen. Tim Kaine of Virginia and Republican Sen. Susan Collins of Maine gauge whether the measure could attract bipartisan support.
The reception has been lukewarm so far from Democrats, who would prefer to see the former president convicted in the impeachment trial, and from Republicans, who fear political consequences in barring Trump from office.
But a group of Democratic lawmakers may still proceed with the censure resolution this week, hoping to build public support and political momentum for the alternative as the trial proceeds, two sources said.
Some Democratic lawyers warn the strategy could backfire if taken to court and provide Trump with a rallying cry to run again for president in 2024, while others see it as the last, best chance to hold him accountable for attempting to overturn the 2020 presidential results and disrupt Congress’ certification of his loss.
excerpt:
Rep. Debbie Wasserman Schultz of Florida first raised the idea of a dual-track process that would reserve a second constitutional pathway. Kaine then began exploring the idea on the Senate side.
Their attention has focused on Section 3 of the 14th Amendment, a rarely cited Civil War-era provision which allows Congress to bar individuals from holding office if they have “engaged in insurrection.†A resolution to censure Trump would require a simple majority vote to pass in the House and Senate.
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