Episode 32: Does the 14th Amendment prevent Trump from being President?

Does Section 3 of the 14th Amendment prevent Donald Trump from running for or being President of the United States again?

This week, our legal team takes on the newest legal argument being proposed by Conservative law professors William Baude and Michael Stokes Paulsen that the 14th Amendment actually bars Donald Trump from being President again. Dr. John R. Vile - a noted expert of the Constitution, its Amendments, the Amending Process, and Constitutional Law talks with attorney Virginia Tehrani about whether this is a valid argument, whether there are loopholes to the argument, and how the constitutional clause could or would even be enforced. Who would decide whether former President Trump had "engaged in insurrection or rebellion against the [Constitution]", and who would even define the terms "insurrection" and "rebellion"? How soon could a court case happen, and when and could a case get up to #SCOTUS? 

Grab a glass of wine and join us for happy hour while we discuss all the legal and practical intricacies of this new legal argument being supported by William Baude, Michael Stokes Paulsen, Laurence Tribe, and J. Michael Luttig. 

Also in this episode, find out what we think about the right to a speedy trial and how that impacts #Trump and his 18 co-defendants in the Georgia indictments and cases. Get our take on Kenneth Chesebro's demand for a speedy trial and trial date of October 23, 2023, along with our take on Trump's request for a trial in 2026. 

In this episode, we reference "The Constitutional Case for Barring Trump from the Presidency," by Isaac Chatiner, August 23, 2023, in The New Yorker. We also reference an article in the University of Pennsylvania Law Review by William Baude and Michael Stokes Paulsen.

To learn more about Virginia Tehrani and her background and law practice, check her out at: https://www.tehranilawllc.com/about-us/our-team/virginia-tehrani/

To learn more about Dr. Vile and his amazing background and expertise in the American Constitution, along with a list of his publications about the Constitution, check him out at: https://www.mtsu.edu/honors/staff/vile.php

To learn more about the MTSU Honors College, follow this link: https://www.mtsu.edu/honors/

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To view a video version of this podcast, visit us on YouTube at:

https://www.youtube.com/@thelawunscripted 

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Today's wine: Grapes & Vibes "I"Iwi Sparkling Rose. You can find it here: 

https://www.verifiedwines.com/grapes-vibes-sparkling-rose.html

This wine was a gift to us from our friend Dr. Roberto Desena with the Maryland Spine and Health Chiropractic Center. Find out more about Dr. Desena and his amazing team at:

https://www.marylandspineandhealth.com/

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LAW STUDENTS! Attorney Virginia Tehrani and former law student Chelsey Rogers of The Law Unscripted team have joined up again to provide supplemental Bar Examination and Law School Courses! These include outlines, lectures, discussions, and hypotheticals for the 8 core law school and bar examination subjects. You can purchase products a la carte, in bundles, or as a package. Access all these programs as they appear on our website: www.thelawunscripted.com.

AFFILIATE LINK! Also, we have teamed up with Quimbee to provide an affiliate link and discount for law students for their full bar examination review courses. Click the following link, and get 10% off the Quimbee Bar Review or Quimbee Bar Review+ programs for your main Bar Examination review: https://www.quimbee.com/bar-review?fpr=virginia82

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Legal Disclaimer

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All commentary and opinions expressed in this podcast and video are solely for informational purposes and should not be taken as legal advice. Chelsey Rogers and Dr. Vile are not attorneys and cannot provide legal advice. Virginia Tehrani is an excellent attorney, but she is not your attorney. Nothing in this podcast and video create a legal or contractual relationship between any listener or viewer and the hosts of this show, Tehrani Law, LLC, or The Law Unscripted. If you need assistance with a legal problem, contact an experienced attorney in your local area.