“The View” co-host Sunny Hostin expressed support Tuesday for using a fringe legal theory to block former President Donald Trump from running for office in 2024.
An article by William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas slated to be published in the University of Pennsylvania Law Review suggests that Trump may be ineligible to run for President in 2024 due to his efforts to contest the 2020 election. A similar effort to disqualify then-Republican Rep. Madison Cawthorn of North Carolina for allegedly supporting the Jan. 6, 2021 riot at the Capitol building was revived by the United States Court of Appeals for the Fourth Circuit in May 2022, according to the American Bar Association Journal.
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“The larger question, why is he allowed to run?” Hostin said. “I’ve said it over and over again. Now, there are these legal – Alyssa [Farah Griffin] and I were talking about it earlier – there are conservative legal minds and experts that are saying that under the 14th Amendment he is not even allowed to run, even though he hasn’t been convicted yet, because the 14th Amendment says [that if] you’ve participated in public office, after taking an oath to this country, in an insurrection, you’re ineligible to run.”
Trump pleaded not guilty to all charges during his Aug. 3 arraignment after special counsel Jack Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election. A grand jury in Fulton County, Georgia, handed down indictments Aug, 14, charging Trump and other associates over Trump’s efforts to contest the 2020 election results in that state.
“This has been tested before. Remember Madison Cawthorn? A court found he was ineligible to run because he participated in an insurrection and there was no conviction there, so I think this legal theory is something that we really need to concentrate on, instead of concentrating so much on the indictments,” Hostin added. “I mean, I’m very excited about them myself but think 14th Amendment all the way.”
Cawthorn was defeated for re-election in a May 2022 primary, losing to Republican State Sen. Chuck Edwards 33.5% to 31.7%. Trump leads the race for the Republican presidential primary by 39.3% in the Real Clear Politics average of polls from Aug. 24 to Aug. 30.
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