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From the opinion pages of the Wall Street Journal, this is Potomac Watch.

The latest legal theory against Donald Trump is that he's disqualified from being president

again under the 14th Amendment.

As the latest Wall Street Journal poll finds that his support in the Republican primary has risen to 59%.

Welcome, I'm Kyle Peterson with the Wall Street Journal.

We are joined today by my colleagues, columnists, Kim Strassel, and Bill McGurne.

Last in the years after the Civil War, the 14th Amendment includes a disqualification clause aimed at former Confederates,

and an argument that's now gaining currency in the national discourse is that this language might also apply to President Trump.

Let's start with a clip of Senator Tim Cain of Virginia. This is him on ABC yesterday making the argument.

The language is specific if you give aid and comfort to those who engage in an insurrection against the Constitution of the United States.

It doesn't say against the United States. It says against the Constitution.

In my view, the attack on the Capitol that day was designed for a particular purpose at a particular moment.

And that was to disrupt the peaceful transfer of power as is laid out in the Constitution.

So I think there is a powerful argument to be made. My sense is it's probably going to get resolved in the courts.

And here is one of President Trump's Republican rivals, Governor Asa Hutchinson, last month on CNN.

There should be a court declaration, and so there would have to be a separate lawsuit that would be filed in which there would be a finding that the former President engaged in insurrection,

and that would disqualify him. That's one avenue. The other way would be that if a specific state made that determination on their own, then that would put the burden on someone else challenging that.

Either way, it winds up in court for a specific finding, but I expect those lawsuits to be filed.

I expect some states to take that that action, but I think it's a serious jeopardy for Donald Trump under our Constitution and not being qualified.

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