Does the 14th Amendment disqualify Donald Trump from being elected president again? It's 'not real clear.'

By Robert Schroeder

Could it disqualify Trump from serving as president? Not all agree.

The 14th Amendment is back.

You may remember this part of the Constitution from the now-resolved debt-ceiling standoff. But a different part of the same amendment is factoring into the debate about Donald Trump's fitness to run or serve as president, with critics brandishing it against him.

Read:The 14th Amendment: Here's how it relates to the debt-ceiling debate

Here's a closer look at why, and why it's not a slam-dunk way of disqualifying the former president from being president again.

The 14th Amendment bars anyone from public office who, "having previously taken an oath" to support the Constitution, "engaged in insurrection or rebellion" or gave "aid or comfort" to enemies of the U.S.

This option has been discussed at least since late 2022, when a group of 40 House Democrats introduced legislation invoking the amendment. Then-Rep. David Cicilline said Trump "very clearly" engaged in an insurrection on Jan. 6, 2021 -- the day a mob of Trump supporters stormed the U.S. Capitol after a speech in which the ex-president falsely claimed voter fraud. Trump has denied wrongdoing.

The group Citizens for Responsibility & Ethics in Washington as recently as Monday said the amendment disqualifies Trump from serving as president, even if his previous indictments do not. CREW has urged secretaries of state to remove Trump from the ballot in 2024.

In One Chart:As Trump's documents case grabs the spotlight, here are the Republicans running for president in 2024

Trump is showing no signs of backing down from his latest White House bid, after pleading not guilty Tuesday to historic charges he broke the law by keeping top-secret documents at his Mar-a-Lago, Fla., residence. Jack Smith, the special counsel who unveiled the documents charges against Trump, is also investigating efforts by Trump and his allies to overturn the results of the 2020 election.

To be sure, indicted persons are permitted to run for, and even serve as, president, as MarketWatch has written.

Washington Watch:Donald Trump indicted again. Can he still run for president?

Chris Edelson, an assistant professor of government at American University, told MarketWatch it's a possibility that the 14th Amendment could keep Trump from being president. But Edelson also said the provision is "not real clear," a point that legal scholars Seth Barrett Tillman and Josh Blackman have made. They have argued that Trump isn't covered by the amendment and therefore can't be disqualified.

What else could prevent Trump -- who's currently the frontrunner for the GOP nomination -- from being president?

There are parts of U.S. law -- 18 U.S. Code 2071, for example -- that deal with concealment or destruction of government records, and carry a penalty of disqualification from office.

That section, however, was not cited in Smith's indictment. What's more, Trump could argue that such a charge wouldn't meet a constitutional test.

The Constitution doesn't say anything about criminal charges or convictions. The only presidential eligibility requirements are being a natural-born citizen at least 35 years old and a resident in the U.S. for 14 years.

Now see:Trump calls latest indictment 'election interference,' special prosecutor a 'thug'

-Robert Schroeder

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06-14-23 1231ET

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