Use of the 14th Amendment should be an option, but it should only be used after a strong investigation is made of the things that weren’t sufficiently uncovered in either of Trump’s two impeachments. The Democrats should operate rapidly within this window (which is actually less than two years), but they must also be thorough and not rush through things. If the evidence of Trump’s actual conspiratorial involvement in the January 6 insurrection is found, then the 14th Amendment might be used or even subsequent articles of impeachment. But the foundation must be laid, both in the court of public opinion and in the Republican Party, which then would become mutually reinforcing about the matter.

More important than this, the very powers that enabled Trump to obstruct the Mueller investigation and the first impeachment; as well as the powers he had to potentially declare martial law on January 6 to restore “law and order” from the very chaos he himself created must be curbed. I discuss a strategy for the 14th Amendment and how to restrain such presidential powers in The War After the Election []. The article also summarizes the findings of the Transition Integrity Project whose “war games” in June of 2020 predicted with great accuracy the events which led up to the Capitol attack on January 6 and the factors that enabled it.

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