I keep reading, hearing, seeing reference to the case against Trump’s candidacy based on Article 4, Section 3 of the Constitution in terms of him engaging or giving aid and comfort to the insurrection of January 6th. The implication is usually that the insurrection is against the government of the US. That is incorrect, as Judge Luttig has emphasized:
“Section 3 of the 14th Amendment ... disqualifies any person who, having taken an oath to support the Constitution of the United States, thereafter engages in an insurrection or rebellion against the Constitution of the United States, disqualifying that person from holding high public office in the future, including the presidency.”
(snip)
“This is very, very important: Section 3 disqualifies one who has engaged in insurrection or rebellion against the Constitution of the United States, not an insurrection or rebellion against the United States, or the authority of the United States.”
Indeed, this is made clear in Article 3:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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.”
Clearly, “against the same” refers to the Constitution.
So it’s not about the storming of the Capitol. It’s about the purpose behind the storming, namely to disrupt the Congressional proceedings directed to electing a President. It’s also about all the shenanigans Trump and his minions engaged in to prevent the constitutionally-protected election of a President, including pressuring local election officials to modify the vote tallies, pressuring Mike Pence to delay the validation of the electoral vote count and the formation of fake electors to facilitate that delay. What this means is that there is no requirement to prove that Trump planned or aided the Jan 6 storming of the capitol or attempted to overthrow the US government. Just that he violated the constitution, which is basically what Jack Smith has charged him for.
So whenever referring to the “insurrection,” please qualify it as below and please email/text/whatever media and politicians to do the same:
INSURRECTION AGAINST THE CONSTITUTION