Photo edit of President Donald Trump. Credit: Alexander J. Williams III/Popacta.
Photo edit of President Donald Trump. Credit: Alexander J. Williams III/Popacta.

The Biden administration’s announcement of a special prosecutor to investigate former President Donald Trump’s actions leading up to and during the January 6, 2021 riots at the U.S. Capitol could end with Trump declared ineligible to run against Biden in 2024.

Merrill Matthews, a resident scholar with the free-market Institute for Policy Innovation, writes in The Hill that Attorney General Merrick Garland may be laying the groundwork for an attempt to declare Trump engaged in “insurrection” and is therefore ineligible to serve in any federal office under the 14th Amendment to the United States Constitution.

“…the attorney general appears willing to proceed with efforts to keep Trump on the presidential sidelines,” writes Matthews, referring a January 10, 2021 meeting between House Speaker Nancy Pelosi and congressional Democrats to discuss declaring Trump ineligible to serve as president.

“Your views on the 25th Amendment, 14th Amendment Section 3 and impeachment are valued as we continue.” Section 3 is the Fourteenth Amendment’s Disqualification Clause,” said Pelosi at the time.

“(T)he most likely avenue would be to use the Fourteenth Amendment’s insurrection provision, which states in part, “No Person … shall hold any office … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same. …,” writes Matthews.

And Garland may issue such a declaration without Trump being found guilty in a legal trial.  A Congressional Research Service paper claims a declaration from the President or a vote of Congress may be all that is necessary to declare someone guilty of insurrection and therefore ineligible to serve in a federal office.

It also cites a ruling by a New Mexico state court that declared a local official present during the January 6 riots was guilty of insurrection, and removed him from elected office.

That could, theoretically, led to liberal activist judges at the state level issuing their own rulings Trump is an “insurrectionist” and move to remove him from state ballots.

Of any scenario in which Trump is ruled ineligible to challenge Biden, the likeliest is a jury based in Washington, D.C., where Trump got just 5.4 percent of the vote, finds Trump guilty of insurrection.

“In short, it’s likely no one knows how a Fourteenth Amendment challenge would work given the current circumstances. But the CRS does say Congress might enforce the Disqualification Clause by ‘relying on federal criminal prosecution for insurrection or treason.’ That’s where Garland might play a role, and it provides a reason why he would appoint a special counsel,” writes Matthews.

Matthews concludes by blasting any move to interfere with Trump’s effort to run for president again, noting “an attorney general has no business trying to ensure he can’t. If that’s Garland’s motive, he’s the one who should be on trial.”

Michael Brigham has written for American Action News since the summer of 2019. His areas of expertise include foreign affairs, government, and politics, but regardless of the subject matter, he has a nose and an insatiable appetite for news. In his free time, he enjoys reading nonfiction, watching a mix of comedies and true crime documentaries, and spending time away from the swamp hiking in the foothills of the Appalachian Mountains.


  1. That’s bullsh1t you should let President Trump run if he wants to we the people should decide not some crazy lawyer who is a democrat I’m sure and trying to help the left agenda

  2. Democrats hate President Trump so they will do anything to stop him from running in 2024. But We The People know that he is the only one that can save our country from the swamp and the country that is trying to destroy America.

  3. No rotten democrat will disqualify my President Trump from the 2024race. Merrick Garland is a weasel a filthy weasel with no guts just like the corrupt president biden

    1. Merrick Garland gets ONE vote, .And unlike the thieving democrats who steal elections, the millions of President Donald J Trump supporters will also get ONE vote,and that will determine the outcome.As it should be.

    1. I would vote for fat Donny over ay Democrat, independent, or Rhino. The Democrats are incompetent morons of questionable progeny. Iike your father with no ethics.

    2. Hahaha.. 🤣 What..?… the fabricated, lightweight “candy floss” web of lies that melts at the tiniest whiff of truth..??

  4. Good ! Trump had absolutely no business running for president in the first place, and his “presidency ” was by far the most disastrous in US political history . Like millions of other Americans, I shudder to think of what another term with Trump in the White House would be like .

    1. Okay, sure Robert. You made the ignorant claim, so tell us in detail ( without lying or using long debunked accusations) what was so disastrous about Trump’s presidency. My guess is you’re one of those millions of uninformed morons who were willingly duped by the the lying liberals and their MSM whores.

    2. Why did Trump have “no business running for President”..? He’s more fitted for the job that anyone else who stood..! Do you have any recognisable, coherent, trustworthy, solid reasonable evidence that would stand up in court to back your wild comments.? If so, Biden’s waiting for you… he hasn’t found any such evidence ss yet..!! 🤣

  5. Jan 6th Set up by Pelosi??? She told security when asked by them if they needed any extra security officers for Jan. 6th and Pelosi said no! I am sure she was aware of some dissatisfaction with some on the internet with the election. Also I am sure she was aware of the size of the crowds Trump draws! Just the size would justify extra security . The Limited Security, for a large crowd!!!!! The Security there was cordial it appeared on tv and were invitind and ushering the people in, with handshakes and smiles. A few always spoil the bunch.. it seems they had a few… that spoiled it for the rest of all the good people and families there! Pelosi screwed up BIG TIME, knowing things were upsetting for those who invested much into the election and believed the election was fraudlent. I am sure she reads sites on the internet, etc. Pelosi knew this and still she turned down extra security. I believe she was responsible for her own mistakes with Security and I believe she was probobly hoping there would be trouble that she could use against Trump. It was said as well by some on internet sites that there were people with high tech communication phones and they were giving directives to each other and many in the crowd believed that they were NOT Trump supporters, but plants wearing Trump hats. Interesting!!! I also remember women screaming and poundidng on the doors of the Supreme Court vote on the acceptance of a Supreme court justice … women pounding ,and screaming… was that behavior acceptable????

  6. That’s the whole idea for the continued persecution of President Trump, to keep him from “Making America Great Again”. Personally, I wonder why our so called representatives are fighting against the idea of MAGA, why they support the mass illegal immigration & look for ways to keep shafting the American people.

  7. For me disqualification of Trump to america run by Democrat operatives would be a declaration of war on the right of America and would require an appropriate response to the leftist fascist scum. Democracy is under attack, by the fascist racist left with Bidening leading them in destroying America and its freedoms of free speach, the right to. Keep and bear arms, freedom from unwarranted search and seasure, and the right to a trial by your peers. A Republican/conservative can not receive a trial by his peers in any major city due to the overwhelming number of very biased liberal/Communist Democrats that hate anyone on the right that make mup the population of those cities. Also, due to the lack of education of the people that make up the inner cities, and that are controlled and brainwashed by the left. This proven by more than 90% voting for Biden, the most racist politician since George Wallace of Alabama. It is really funny since it was the Republicans that freed the slaves in the south and the Democrats that gave rise to the KKK. Proves they are totally brainwahed. The Democrats, including Obama, have done absolutely nothing to help the people of the inner cities except kerp them uneducated and dependent on welfare. My comment will probably be deleted for telling the truth.

  8. Shall have engaged…… it does not block Trump from running unless Convicted. If opinion stops someone from serving, Biden is out NOW. More people believe him guilty, but he is still in the Oval Office. Notice I did not state he was elected.

  9. The Democraps, FAKE Republicans, and RINOS are terrified that Pres Trump will run and end them. By this I mean end their time in office. The REAL REPUBLICANS will do everything they can to get President Trump in to make up for the FRAUD that CHEATED Pedo Joe into Office. All those in the Deep State are TERRIFIED of President Trump. If he wins their time is up. If anyone should have been or should be barred from running it would be Pedo Joe for all the females he has groped especially the little girls. A fresh supply of little girls is why Pedo Joe and Democraps WON’T secure the border.

  10. Garland And The Jan 6 People are scum and Thieves, Don’t believe A thing they say, They keep Stealing THE PEOPLES MONEY! They Need To Be In Jail Or The Ground Spiteful Hags

  11. The House had better stop all these witch hunt about Trump. I am an independent voter and not certain I would only vote for him but democrats are so afraid of him that they will appoint one of their own to find the needle in the haystack or put one there to be found just because of their fear of him.

  12. How absolutely destitute of ethics, integrity & simple commonsense are these Democrats … give it up fools for we know you are running scared & have no chance of getting rid of God’s chosen vessel… the true President of the USA… Donald J Trump… Biden is a usurper..!!

  13. The democrat power grab will result in citizens rising up and protecting not just President Trump but our entire country. They are out to destroy us and while they may pass whatever actions they choose, they are fools who should be removed for being a far greater danger to America than the man who made our lives so much better, increased our prestige worldwide and was serious about the job. Publish the names of every one of these anti-Americans. Let the chips fall where they may.

  14. Leave President Trump alone all you losers who don’t have a single honorable bone in your pathetic bodies. The whole reason you’re putting up such a stink, because you know he will send you all to prison where you belong. Go away, leave our country alone.


  16. The next step is to declare that anyone who voted Republican or is registered to vote as a Republican is guilty of insurrection.

  17. unfortunately I don’t think they will disqualify Trump. I believe he is controlled opposition. Don’t get me wrong I voted for him twice but never again. He didn’t go after big tech when he controlled both houses. He went after the 2nd Amendment ( bump stocks and red flag laws). Bombed Syria twice Iran once. Worst of all he pushed an untested mrna vaccine on the people of the US which has had a higher death toll on people than all the other vaccine combined. He has a cult like following and I don’t think they can stop him for getting back in the White House so I think. They will simply control him. People be careful of what you wish for.

  18. They know they can’t beat him fair and square. They’ve really shown that with this. They should look up “insurrection” in the dictionary, unless they’ve already changed that too. The actual definition shows what nonsense this whole Jan. 6 panic is.

  19. I have read your article carefully and I agree with you very much. This has provided a great help for my thesis writing, and I will seriously improve it. However, I don’t know much about a certain place. Can you help me?

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