Don't look now, but the "Democracy In Peril" channel is breathing heavily about removing "insurrectionists" from the ballot, starting with Rep. Madison Cawthorn of North Carolina, and then, in the ultimate dream, Donald Trump. .
It began with New Day rolling a clip of Mitch McConnell's statement yesterday specifically describing the events of January 6th as an "insurrection." That in turn led Avlon and co-host John Berman into a disquisition on the 14th Amendment, which prohibits people who have participated in an insurrection from holding office.
Berman initially described North Carolina's Madison Cawthorn as a congressman from "Georgia." Facts first!? Without acknowledging his error, Berman went on to describe how North Carolina law might keep Cawthorn off the ballot for insurrection.
Avlon admitted it was a "long ball" to get Cawthorn removed from the ballot. Leftists are trying anyway (note CNN chyron just calling them "Activists.") Then he enthusiastically discussed how this could be used to prevent Trump 2024:
AVLON: Who else could it apply to? Obviously, potentially Donald Trump. This has been done before. This is the lesson of the Civil War generation to stop a future insurrection.
Here's why it matters for Trump. Now, if he had been impeached, this would all be a moot point [because impeached presidents can't run for future office.] But Republicans pulled their punches at a critical moment. He obviously was not convicted in the Senate.
But what some Members of Congress will tell you is that because the letters, the articles of impeachment, specifically mention insurrection for Donald Trump, and because a majority of both houses voted for it, despite the fact they didn't convict, it could apply. Because that's the threshold for imposing the 14th Amendment, section 3. Boom!
In the nick of time, CNN legal analyst Elie Honig threw cold water on Avlon, thereby sparing him a potentially mortifying moment. Honig noted that although the 14th Amendment speaks of insurrectionists being disqualified from office, it lays out no procedure for that to happen.
Avlon's anti-Trump dreams were sponsored in part by Fidelity, and GlaxoSmithKline, maker of Trelegy.
Here's the transcript.
CNN
New Day
2/9/22
6:03 am ETMITCH MCCONNELL: Let me give you my view of what happened January the 6th. We all were here. We saw what happened. It was a violent insurrection, for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election, from one administration to the next. That's what it
JOHN BERMAN: With us now, CNN congressional correspondent Lauren Fox. And Lauren, I noted this last night. Mitch Mcconnell doesn't say anything by accident. Every syllable is carefully chosen. So he did this for a reason.
. . .
He didn't have to do it as forcefully as he did. That specific legal language. And now I'm going to turn it over to John Avlon—I'm one of his pet peeves here.
Because this has to do with something going on in Georgia right now. Madison Cawthorn, a congressman there. There is a lawsuit to get him off the ballot, because the lawsuit says he engaged in the insurrection, which, in North Carolina law, would mean he's disqualified from the ballot, potentially.
I'm going to read this. I'm sorry this is such a long preamble, but it sets people up here.
"No person shall be a Senator or Representative in Congress, elector of President and Vice President, or hold any office, civil or military, under the United States, any state, having previously taken an oath as a Member of Congress, or as an officer of the United States, or as a member of any state legislature," so on and so on, "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
So, John: now you're in my wheelhouse. Go!
JOHN AVLON: Look, the 14th Amendment, section 3, is what a lot of folks have been warning could apply to the insurrectionists, or Members of Congress if any were found to have participated, or given them aid or comfort. That's what's really being questioned here with Madison Cawthorn based on what we know. The North Carolina board said they will look at it.
This is a long ball as it applies to Madison Cawthorn. I want to be very clear. If we find out later that other Members of Congress were working with the insurrectionists to try to stop the certification of the election, then that could apply directly to them.
Who else could it apply to? Obviously, potentially Donald Trump. This has been done before. This is the lesson of the Civil War generation to stop a future insurrection.
Here's why it matters for Trump. Now, if he had been impeached, this would all be a moot point [because impeached presidents can't run for future office.] But Republicans pulled their punches at a critical moment. He obviously was not convicted in the Senate.
But what some Members of Congress will tell you is that because the letters, the articles of impeachment, specifically mention insurrection for Donald Trump, and because a majority of both houses voted for it, despite the fact they didn't convict, it could apply. Because that's the threshold for imposing the 14th Amendment, section 3. Boom!
