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The Lawfare Podcast

Lawfare Archive: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment

The Lawfare Podcast

The Lawfare Institute

News, International Law, Foreign Policy, Military, Intelligence, Government, National Security, Rule Of Law, Constitutional Law, Law, Terrorism, Current Events, History, Diplomacy, Politics, International Relations

4.76.4K Ratings

🗓️ 9 September 2023

⏱️ 49 minutes

🧾️ Download transcript

Summary

From January 19, 2021: In the wake of the January 6 mob attack on the Capitol, some have called for the invocation of Section 3 of the 14th Amendment. Section 3 disqualifies anyone who has engaged in rebellion or insurrection against United States from public office. In particular, critics of President Trump have seized on this as a potential way of preventing him from running in 2024. Alan Rozenshtein spoke about Section 3 with professors Daniel Hemel of the University of Chicago Law School and Gerard Magliocca of the Indiana University Robert H. McKinney School of Law.

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Transcript

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0:00.0

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1:01.1

I'm Kayla Benjamin, intern at LawFair, with an episode from the LawFair archive for September

1:15.3

9th, 2023. This week, six Colorado residents filed a lawsuit in the Denver City and County

1:22.7

District Court to disqualify former president Donald Trump from running for re-election

1:27.7

in 2024 under section three of the 14th Amendment. The petitioners are seeking to prevent

1:32.9

Trump from appearing as a candidate on the state's 2024 Republican presidential primary

1:37.9

ballot and quote any future election ballot. For today's archive episode, I picked

1:43.9

an episode from January 19th, 2021, in which Alan Rosenstein sat down with Daniel Hemel

1:50.7

and Gerard Meglioka in the wake of the January 6th attack on the Capitol to discuss section

1:55.6

three and its potential as a method for preventing former president Trump from running in 2024.

2:10.9

I'm Alan Rosenstein and this is the LawFair podcast, January 19th, 2021. In the wake of

2:18.4

the January 6th mob attack on the Capitol, some have called for the invocation of section

2:23.2

three of the 14th Amendment. Section three disqualifies anyone who has engaged in rebellion

2:28.8

or insurrection against the United States from public office. In particular, critics of

2:34.1

president Trump have seized on this as a potential way of preventing him from running in 2024.

...

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