Insurrection clause which bars officers of the United States who stage Instructional Rebellion from serving again. Democratic congressman adam schiff this week. The 14th amendment section 3 is pretty clear, if you engage in rebellion against the government, or give pain and comfort to those who do, you are disqualified from running. Doesnt require you be convicted of insurrection. It just requires you have engaged in these acts. Its a disqualification from Holding Office again and fits donald trump to a t. Paul joining me is the former Attorney General of the United States, general casey. You wrote about the 14th amendment issue arguing there are problems with the argument one of which is the president may not be an officer under the definition of that amendment. There are three steps to take under the 14th amendment under the 14th amendment. One is the step that he cant serve, he cant serve as senator in the House Of Representatives or an elector, need someone in the electoral college. Stop paul doesnt mention the president. Any office under the United States, the question is whether the presidency is an office under the United States. Second question, if you cant serve in that capacity if you previously took an oath as an officer of the United States it is a little different phrase, not office under but officer of the United States. If you have engaged in insurrection or rebellion. Before you reach the question whether you engaged in insurrection or rebellion you have to ask the first two questions with my view the oath that he took in january of 2,017 was not an oath as an officer of the United States. It was an oath as president which is prescribed in article 2, specific to the president. The general language in article 6 says officers have to take an oath is not the one that applied to him. And do so in my view and the Supreme Court authority to this effect, authority in the office of Legal Counsel including one written by Antonin Scalia when he headed that office, officer of the United States, that phrase used in the constitution means an appointed officer, not elected officer. Paul most would think an officer of the United States, president is the top officer, you say thats not a common understanding even by the us government. The Justice Department has taken that position that it, and officer of the United States as used in the constitution means appointed office. Paul the fact that the president is not expressly mentioned along with senator and House Of Representatives, would also make this problematic. That suggests it is problematic, in the part where it talks about you cant serve, but what Office Somebody can serve, there are other places in the constitution where the phrase and office under the United States is used, four 5 of them, two of them may be Elective Office so thats a little dicey but the question, the capacity in which he took the oath thousand officer it is clear he didnt take the oath of an officer. Paul there is disagreement with scholars about this question and i guess that we will see a lot of these suits. These suits by individuals dont have standing. How so . There is no issue presented. The bars against him serving. No particular voter or anybody else has standing to claim donald trump served. You need controversy. Paul but you get the secretary of state, california, secretary of state, i believe he engaged in rebellion and bar him. That is the way. That it is proposed. He is barred by a State Official and State Officials run president ial elections, barred by a State Official from putting electors on the ballot, he then sues, the claims that he violated the 14th amendment. It goes and gets decided by a court. Paul do you doubt it will make its way to the Supreme Court . No. Presumably they would have a very hard time not engaging in the subject of such a moment in terms of president ial election. Right. It is an enormously important issue, the most important issue in that setting and there was a whole listing of issues under the question whether he engaged in an insurrection or rebellion including what form does it become adjudicated that he engaged that behavior. Paul thats an important part of it. Jack smith, special counsel has not charged under the relevant statute that says you cannot engage in insurrection or rebellion which would seem to be relevant in this case because jack smith is not known for shying away from indictments. Not will about pioneering either. But also the inconsistency with the governments theory to prosecute people for the violence on january 6th. It was done informally that those people were acting on their own. They tried to call donald trump as a witness. They said that testimony would be relevant and they prevailed. The evidence introduced, at least one email by a leader of these groups who said that we expect it to be authorized and validated as a militia. We have to do this on our own. That is in evidence, one of those cases. Still had, speaker Kevin Mccarthy weighs an Impeachment Inquiry, President Biden, as the House Get Set to return from summer recess. Special counsel david wise will seek an indictment of first son hunter after the implosion of his plea deal, that and more with our Politics Panel next. Your brain is an amazing thing. But as you get older, it naturally begins to change, causing a lack of sharpness, or even trouble with recall. 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People 50 and older with at least one Heart Disease risk factor have higher risks. Dont take if allergic to rinvoq as serious reactions can occur. Tell your doctor if you are or may become pregnant. Done settling . Ask your rheumatologist for rinvoq. And take back whats yours. Learn how abbvie could help you save. Paul as the house gets set to return to Washington Republicans are weighing whether to have and Impeachment Inquiry into President Biden. Kevin mccarthy under pressure from some conservative lawmakers to launch an official probe, something of the speaker said would require a full house vote. That could spell potential trouble for the gops most vulnerable members many of whom represent districts President Biden won in 2020. Lets bring in dan heninger and kim strawser, Editorial Board member and kyle peters. You expect this inquiry to go forward and is it a good idea . I think there will be an effort to make it go forward. Will be a heavy lift for conservatives in the house to get this off the ground. You need a full vote in the house. They have to at least attempt to make a case with the public. I do believe there is a p impeachment fatigue after the two trump impeachments. Everything that entailed, we know the shoe is on the other foot, republicans would like to do the same thing to President Biden but the question, what would be the goal . You have to come up with accusations. They think it would allow them to investigate more deeply. Paul the inquiry being different from and impeachment vote. This is the way they will find a smoking done on the biden Family Business but thats not in the least assured. We are looking at a big election in 2024. It seems clear to me that independent voters are going to decide that president ial election. As republicans in Swing Districts have said, independent voters are what they have to pull across to get elected and i think those independents are not interested in focusing on impeachment. They are interested on other things, the economy, energy independence, the border but they dont want to go down that impeachment road. Paul the number is 18 seats that republicans hold that biden won in 2020. It is not just independents but other voters in those districts, some democrats who voted for them who may not like this. A big risk for the majority in the house if they go forward. Think about the redistricting that could be coming in new york that could cost republicans a few seats, a new district map in alabama that could cost one seat. I agree that caution is warranted. Kevin mccarthy is trying to walk the fine line giving his members something starting with the inquiry. Hes really saying the point of this is to get the house at the apex of its power to investigate. We have emails President Biden sent as he was Vice President under pseudonyms that we dont have copies of in the public domain. They are trying to investigate but the public wants answers to raise questions about President Biden but if he goes forward with Impeachment Process he has to make the case to the public. Paul kim, you have good sources among members of the capitol hill, what do you think will happen . Is mccarthy going to move . Will they have the votes . It is entirely undecided. We have three ways of thinking about this. You have the investigatory committee, conservatives who want to push ahead because the Biden Administration is not supplying them with the documents they need so they feel only and Impeachment Inquiry will give them the legal ability to do that. Youve got a group of folks in the middle who are concerned about whether or not this is the right way to pursue things, this falls under impeachment given the fact we are talking about acts taken when biden was Vice President , not when he was president so there is a legal argument and you have members in District Seats concerned about the blowback. The latter groups come to additional concerned this could take away from the issues they want to talk about this election. It is a jump ball, and counting votes in the next few weeks. Paul the delaware us attorney, he will file gun charges after the plea deal fell apart. You expect is that significant here . Or is the fact that what happened to tax charges seem to have vanished. Wise has been investigating hunter for five years. The problem with many federal crimes is statute of limitations runs out after five years, six years on tax charges. On the one hand this is not that big a deal. You may indict him on the gun charge. On the other hand an indictment is an indictment. It will put the hunter story back in the news. It is inevitably going to put it in front of people and the rest of it having to do with ukraine, burisma. To be sure, it is a strong circumstantial case but i dont think it helps President Biden to have the story in front of people because its a troubling story. I doubt wise is going to put much further than this. Paul what are you looking for if charges come down . I will be looking to see whether or not they pursue not just the gun charge but also tax charges, whether they are the misdemeanors listed in the original plea deal but whether they are felonies. Paul thanks. When we come back, democratic senator Sheldon Whitehouse accuses Justice Samuel alito of improper opining in the latest and strangest attack on the Supreme Court. Sleep more deeply and wake up rejuvenated. Purple mattresses exclusive Gel Flex Grid draws away heat relieves pressure and instantly adapts. Sleep better. 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Im starting a Private Equity Fund that specializes in midcap. You do you. Switch to Xfinity Mobile today. We moved out of the city so our little sophie could appreciate nature. But then he got us tmobile home internet. I was just trying to improve our signal, so some of the trees had to go. I mightve taken it a step too far. Chainsaw Revs tree crashes chainsaw continues daughter screams lets pretend for a second that you didnt let down your entire family. What would that reality look like . Well i guess i wouldve gotten us xfinity. And wed have a better view. Do you need mulch . What, we have a ton of mulch. Paul the lefts attack on the Supreme Court took a strange turn when Sheldon Whitehouse filed an Ethics Complaint against samuel alito under the joint interview he did but the Wall Street Journal. In a letter to chief Justice John Roberts on monday, the democrat Accused Alito of improper opining on a legal issue that may come before the justices namely the question of whether congress has the. To regulate the Supreme Court. Improper opining is what they accuse me of doing all the time. Not sure you can accuse a Supreme Court justice of that. What do you make of the charge . Give Sheldon Whitehouse credit for keeping us entertained. He was discussing the idea of some sort of ethics Legislation Congress imposed on the Supreme Court. If he was discussing it in detail, he discussed on the level of constitutional principles. Which justices are treed to do, they teach law courses in the summer, teach students in the summer, are not allowed to say anything about the constitution. I dont think that argument flies. The other problem is after Justice Alito may those are maxima justice on mana kagan made the opposite remark saying do i think congress has the ability to put some sort of strictures on the Supreme Court, i think the answer is yes. Sheldon whitehouse wants, to knock on of these justices out and asked him to read cues and ask two of them this is the real problem, for flavor of what he wants ethics legislation to do in the first place, to have these recusal conversations and kick justices off the cases he doesnt like. Paul Justice Clarence thomas updated his ethical filings this week along with statements from people representing him saying everything was kosher. Anything new that presents any difficulties . No. I argue the latest Financial Disclosure vindicated James Toronto who was pointing out the original stories on this were essentially bunk. I think it highlights the kind of impossible situation when they are under this attack. Justice thomas didnt have to do this because the rules only changed recently about what y