Has Donald Trump's hope for escaping 14th amendment shattered?

Despite Donald Trump's restoration, legal experts disagreed about use of amendment for federal candidate

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Web Desk
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Former president Donald Trump walks onstage at a watch party event to mark the Super Tuesday primary elections at his Mar-a-Lago property, in Palm Beach, Florida on March 5, 2024. — Reuters
Former president Donald Trump walks onstage at a watch party event to mark the Super Tuesday primary elections at his Mar-a-Lago property, in Palm Beach, Florida on March 5, 2024. — Reuters

A supporter of Donald Trump suffered a legal blow — threatening the former US president’s standing as White House hopeful — as the Supreme Court maintained the previous ruling of a New Mexico judge barring him from holding public office for aiding riots of January 6, 2021.

The ruling was issued citing the 14th Amendment of the US Constitution in which section 3 stipulates the "prohibition of people from holding public office who have been involved in or aided any insurrection or rebellion."

The supporter Couy Griffin — who also founded Cowboys for Trump — participated in the Capitol Hill riots and was serving on the Otero County Commission.

Supporters of Donald Trump climb a wall during a protest against the certification of the 2020 presidential election results by the Congress, at the Capitol in Washington on January 6, 2021. — Reuters
Supporters of Donald Trump climb a wall during a protest against the certification of the 2020 presidential election results by the Congress, at the Capitol in Washington on January 6, 2021. — Reuters

On a similar provision, Donald Trump was disqualified from the presidential election by Colorado last year, however, earlier this month Supreme Court restored the former president on the ballot. 

The court maintained that the power resides with Congress as the Republican is the federal candidate.

Despite the Supreme Court’s backing Trump, legal experts disagreed about the use of the amendment for a federal candidate.

District Judge Trevor McFadden said in his sentence that Griffin’s actions were in "grave tension" with the oath he took as elected official to uphold the Constitution.

"We need our elected officials to support this country and the peaceful transfer of power, not undermine it," McFadden said.

Griffin was challenged by three New Mexicans with the support of watchdog Citizens for Responsibility and Ethics in Washington — which was filed against Trump in Colorado.

The group's president maintained that the current ruling ensures that states can still apply the 14th Amendment’s disqualification clause to state officials.

"Now it is up to the states to fulfill their duty under Section 3 to remove from office anyone who broke their oath by participating in the January 6th insurrection," President Noah Bookbinder said.