Congressman Cohen Applauds January 6th Committee’s Investigation and Calls for Trump to be Barred from Office

WASHINGTON – Congressman Steve Cohen (TN-09), Chairman of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, today applauded the Select Committee to Investigate the January 6^th Attack on the United States Capitol for its thorough investigation and compelling conclusions.

After the January 6^th Committee’s final hearing, Congressman Cohen made the following statement:

“I applaud Chairman Thompson, Vice Chair Cheney, and the bipartisan members of the Select Committee for their thorough investigation of the January 6^th attack and welcome their compelling conclusions. In establishing this bipartisan Select Committee, Speaker Pelosi did a tremendous service to the American people and to history. The Committee’s findings are abundantly clear: the former president engaged with a lawless scheme to prevent the peaceful transfer of power, including inciting a violent mob to attack the United States Capitol while it attempted to certify the election of his successor. The Committee’s work demonstrates both the fragility of democracy and the resilience of our institutions. Their work has made our nation stronger.

“Now Congress must take the next step in restoring democracy and holding accountable those who seek to undermine our Constitution by passing my bill to enforce the Fourteenth Amendment of the Constitution and bar from office those who engaged in insurrection against the United States. No one who sought to overthrow the government and obstruct the peaceful transfer of power can be trusted with public office.”

Ratified in the aftermath of the Civil War, Section 3 of the Fourteenth Amendment explicitly disqualifies any person from public office who, having previously taken an oath as a federal or state office holder, engaged in insurrection or rebellion. This disability can only be removed by a two-thirds vote of each House of Congress. Having lived through that violent rebellion, the framers of Section 3 of the Fourteenth Amendment were concerned that office holders who had engaged in insurrection might again serve in the very State and Federal governments they had previously sought to violently overthrow.

In February 2021, Congressman Cohen introduced H.R. 1405, the first piece of legislation to create a modern mechanism to enforce Section 3 of the Fourteenth Amendment through a cause of action for the Attorney General before a three-judge panel. Should the Attorney General prove, by clear and convincing evidence, that an officeholder or former officeholder engaged in insurrection or rebellion, that individual would be disqualified from holding public office.

Also under this legislation, disqualified individuals would forfeit any benefits derived from their service in federal office and would be prohibited from obtaining contracts with the federal government. The bill also amends the Former Presidents Act so that an individual disqualified under Section 3 of the Fourteenth Amendment pursuant to this legislation would not be considered a “former President” for the purpose of receiving benefits under the Act.

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