Those legal policies raise tough questions for Justice Department prosecutors – and possibly the courts – such as whether Trump’s speech to his supporters on a political issue can be considered an official act.
“The truth is, the whole thing is fraught with uncertainty,” Goldsmith said.
Could Trump be denied public office in the future?
Yes, in theory. If you were found guilty in a Senate trial after being challenged by the House of Representatives, or if you were found guilty in court of inciting not just a riot, but an “insurrection,” which is understood as an violent uprising against the federal government.
The Fourteenth Amendment The Constitution after the Civil War prohibits people who have been “involved” in an insurrection or rebellion from holding public office, even if they have previously taken an oath to defend the Constitution as legislators or federal officials. However, this principle by itself does not have a mechanism to determine what it covers or how it is applied.
However, the impeachment resolution introduced Monday by House Democrats cites that provision as context. By accusing Trump of “incitement to insurrection,” lawmakers sought not only to remove him from the presidency, but also to disqualify him in order to bar him from holding any federal office in the future. “
It seems unlikely that there will be a Senate trial or vote before Trump’s term ends. However, the possibility of banning him from holding public office in the future would give relevance to a political trial after his presidency; in 1876, the Senate put the former Secretary of War on trial, William Belknap, who had resigned just before the House of Representatives challenged him.
On the other hand, the penalty for violating the section 2383 of title 18 of the Federal Code of the United States, which establishes as a crime to incite an insurrection, it is not only time in prison, but also that the culprit is “incapable of holding any public office in the United States.”
It should be noted that, separately, this law covers the act of providing assistance or comfort to persons involved in an insurrection. In a video he posted on Twitter as the violence unfolded, Trump comforted the rioters rather than condemned them. He repeated their false claims about electoral fraud that they invoked as their justification. After saying, “We need peace” and urging them to go home, he added: “We love you; they are very special”.