amendment put in the constitution that, you know, this simple idea. you can't actually run for and hold federal office if you try to undermine or overthrow the government you are trying to be a part of. it makes good sense, i will introduce that resolution in the coming weeks with lots of support from my colleagues. >> some democrats hosting the 14th amendment keep track of the white house. as for the justice department's plan to hold the former president accountable, well, time will tell. the new yorkers david roe -- special counsel to pick up the pace, writing, quote, the task for merrick garland and now jack smith is to ignore political considerations and resolve the investigations especially inequity as possible. david is back, with us and -- she is now a professor at the university of alabama law school and co-hosts the hashtag sisters in law podcast. both are msnbc contributors. all right, david, the title of your op-ed is a question, will the new special counsel bring donald trump to justice?
as well as the so many other cases that are pending around the country. georgia, new york, against the former president. >> congressman cicilline, one way that congress could hold donald trump accountable is by taking action on a piece of legislation that you are pulling together. you sent it -- trying to invoke the section three of the 14th amendment that basically says anybody who is involved in the insurrection if the government should never hold public office again. talk more about that. >> sure, so the 14 amendment specifically prohibits or disqualifies anyone from holding federal office who has incited an insurrection or assisted others and inciting insurrection against the united states. we know there is overwhelming evidence that donald trump did exactly that. section five at the 40 moment specifically authorizes congress to pass legislation to
it shows how broken our media is to. to put mildly, trump's four years in office were one long car crash of scandals, controversies, corruption and chaos. and came the first president to be impeached twice. the second time, literally inside an insurrection at this nation's capital. to voting that if trump had been convicted and sent last, year he could have been barred from running for office again. instead, the very same republicans who are now privately complaining about his return, or the ones that craven lee let him get away with that. now, there are some groups of activists trying to hold donald trump accountable. nonprofit watchdog. citizens first ponce ability, ethics in washington or crew, announced they will sue the ex president to stop from holding office once again. they claim he's violated section three of the 14th amendment to the constitution. it's the same amendment that was used and attempts to bar congress marjorie taylor greene
concluded that it is in the public interest to appoint a special counsel. >> an important from the attorney general friday, he is a point that the special counsel in part because trump is running again. somehow democrats see trump should not be able to join at all. among them rhode island representative, david silly needle plans to introduce new legislation to bar trump from holding federal office. using section three of the 14th amendment. the amendment explicitly forbids anyone who is quote, engage in an insurrection, rebellion against the u.s. government from holding elective positions. congressman david since eleni joins, monongahela what's. us your reaction first to the attorney general appointing a new special counsel? >> well i think the attorney general decisions consistent with this entire approach to leading the department of justice. it's the right decision any understands that former president trump not being a candidate and present biden having expresses intention to seek reelection, it was
legislation to enforce this provision. it is very clear that the founders intended that congress would preclude and prevents anyone who incited an insurrection against united states, from holding federal office in the makes perfect sense of course that she would not want a president or anyone else in federal offense was in fact engage in an insurrection. so this resolution will detail of course the president's conduct in inciting the insurrection. it's about 25 pages as of right now and it will determine as a result of that, he is barred under the 14th amendment from holding or disqualified from holding federal office. >> as you, know we have seen other candidates are by 14th amendment challenges in the past, a judge ruled that it could not keep marjorie taylor greene off of the ballot in georgia. do you think that logic applies here? >> yes i think she wasn't quite a different position, at least i am not aware of an evidence that marjorie taylor greene inside it or participated in. the former president of the united states, the evidence is overwhelming. that he incited by promoting
important to appoint a special counsel's that the public can continue to have confidence of judgments that are made based on the evidence on the law with without regard to any political considerations. at thank you made the right decision, he appointed someone who of course with extraordinary -- somebody ahead of the public integrity unit at the department of justice and currently working at the hang of the international criminal board. and season and experience prosecutor, so i thank the attorney general made the right decision. >> congressman, walk us through the 14th amendment argument that trump should not be allowed to run for office in the first place? >> well the founders made it explicit in the constitution under the 14th amendment, section three that somebody was engaged in an insurrection or aided and abetted and get comfort to those who did is barbados qualified from holding federal office. they go than to section five of the 14th amendment, and they specifically say that congress is authorized to enact
kevin mccarthy's corrupt bargain. this is the important thing, the corrupt bargain. consider what kevin mccarthy is doing to try and become speaker. he is promising to lattice members engaged and iron warranted investigations, just we can get the votes for his own leadership position. that's a corrupt bargain kevin mccarthy has engaged in. so they can launches investigations. but get ready for responses on fact, hypocrisy and corruption. >> former congressman denver jealousy, former congressman garcetti as always, thank you so much. so get the doctor to people actually know what this all looks like. next, to the 14th amendment keep trump from returning to washington. we will speak with congressman davis eleni who says it should after this break. after this break al decor from $30. washable rugs up to 80% off. and living room seating up to 65% off. search, shop, and save at wayfair! ♪ wayfair you've got just what i need ♪ there's a different way to treat hiv.
in fact engaged in insurrection. so this resolution will detail the president's conduct in inciting the insurrection. it is about 25 pages as of right now. and it will, determine as a result of, that he's part of the 14th amendment from holding is disqualified from holding federal office. >> as you know we have seen other candidates survive 14th amendment challenges in the past. a judge ruled it could not keep marjorie taylor greene off the ballot in georgia. do you think that logic applies here? >> i think she was in quite a different position. at least i'm not aware of marjorie taylor greene inciting or participating in it. with donald trump the evidence is overwhelming that he incited and promoted the big lie by giving that speech on the rally and by really refusing to intervene and stop the insurrection. i think the evidence is overwhelming that he in fact was the principal cause of this