It’s Debatable Is Trump an insurrectionist, can he serve as President?

In this week’s “It’s Debatable” segment, Rick Rosen and Charles Moster debate whether former President Trump is an insurrectionist under Section 3 of the 14th Amendment and constitutionally disqualified from serving as President. Rosen retired as a professor from the Texas Tech University School of Law and is a retired U.S. Army colonel. Moster is founder of the Moster Law Firm based in Lubbock with seven offices including Austin, Dallas, and Houston. 


Section 3 of the Fourteenth Amendment provides in relevant part: “No person shall … hold any office, civil or military, under the United States … who, having previously taken an oath … as an officer of the United States … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof….” Some argue former President Trump engaged in an insurrection on January 6, 2021, and is automatically ineligible to appear on ballots for president. I disagree.

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