Roger Parloff Talks Madison Cawthorn, Donald Trump, and Section 3 of the 14th Amendment

The Lawfare Podcast

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4.7 • 6.2K Ratings

🗓️ 13 June 2022

⏱️ 38 minutes

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Summary

Lawfare senior editor Roger Parloff has been following in a way that just about nobody else has the litigation to keep people off ballots under Section 3 of the 14th Amendment—the part of the amendment that says that if you engaged in an insurrection, you're excluded from public office. It was the subject of a recent major Fourth Circuit opinion, and the state of Section 3 litigation is also the subject of a significant new Roger Parloff piece on Lawfare entitled, “After the Cawthorn Ruling, Can Trump Be Saved From Section 3 of the 14th Amendment?”

Roger joined Benjamin Wittes to talk through the piece. What are the major legal arguments that people involved in Jan. 6 are using to keep themselves on the ballots? How strong are the factual cases against different gubernatorial and congressional actors? And why is Donald Trump uniquely vulnerable to a challenge on this basis?

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Transcript

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
0:33.9	The big question about Trump is very much alive and I think Trump is really the only one where
0:42.1	there is a compelling case that he engaged in insurrection.
0:46.6	It's a high bar.
0:48.1	You need to overcome First Amendment hurdles, but he is getting there.
0:54.5	I'm Benjamin Widis and this is the LawFair podcast.
0:58.8	June 13th, 2022.
1:02.5	Roger Parloff is a senior editor at LawFair.
1:06.3	He has been following in a way that just about nobody else has the litigation to keep people
1:13.5	off ballots under Section 3 of the 14th Amendment.
1:18.3	You remember Section 3.
1:19.9	It's the part of the 14th Amendment that says if you engaged in an insurrection, you're
1:25.1	excluded from public office.
1:28.3	It was the subject of a major fourth circuit opinion the other day and the state of Section
1:34.9	3 litigation is also the subject of a significant new Roger Parloff piece on LawFair entitled
1:43.1	After the Cautorn ruling, can Trump be saved from Section 3 of the 14th Amendment?
1:50.4	Roger joined me in the virtual jungle studio to talk through the piece what are the major
1:57.1	legal arguments that people involved in January 6th are using to keep themselves on the
	...

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