The 14th Amendment bars from office any elected officials who “engaged in insurrection or rebellion” against the U.S.
The individuals identified by CREW include Couy Griffin, a New Mexico manto step down as Otero County commissioner last year after participating in the 2021 insurrection; Victor L. Berger, a Wisconsin congressman convicted under the Espionage Act whom Congress refused to seat in 1919; A.F. Gregory, a local postmaster removed by the postmaster general in 1871; and J.D. Watkins, who was disqualified from serving as a state judge in Louisiana in 1869.
This provision was put in place after the civil war to ensure that those who rose up against the United States would not then be put in charge of it. Many former confederate officials did not even try to hold office because of it; courts disqualified others who did.Additionally, as CREW found from digging through historical records, William L. Tate, Zebulon B. Vance, and Kenneth H. Worthy — all of North Carolina — were respectively disqualified from serving as state solicitor, U.S.
The precedent likewise confirms that one can “engage” in insurrection without personally committing violent acts. Neither Kenneth Worthy nor Couy Griffin [was] accused of engaging in violence, yet both were ruled to be disqualified because they knowingly and voluntarily aided violent insurrections. Although Trump has not yet been criminally charged for the Capitol attack, it is still possible he could face charges as a result of an ongoing investigation by Special Counsel Jack Smith, whom U.S. Attorney General Merrick Garland appointed last year after the twice-impeached former president formally announced his 2024 campaign.
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