In the NY Times today, I argue w/ @brianbeutler that a Civil War amendment to the Constitution--barring those who've "engaged in insurrection" from holding office--authorizes a broader response, one that goes beyond impeachment and beyond Trump alone.

nyti.ms/2MWMnE1 Congress should use its power under the 14th Amendment to pass a law blocking the instigators and perpetrators of last week’s siege of the Capitol--including but not limited to Trump--from holding office ever again.

This would be a complement, not a substitute, for impeachment.

There's understandably been a lot of talk today about the 25th Amendment and the Impeachment Clause. We should also focus on Section 3 of the 14th Amendment, which disqualifies those who engage in insurrection against the Constitution of the United States from holding office. The Impeachment Clause also authorizes Congress to order "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." And there should be a high bar to concluding that an official has engaged in "insurrection." But it seems worth discussion.

A quick note on the scary seconds just before my SCOTUS argument this morning. We had tested all the technology carefully, working with the Court’s excellent, helpful staff. But just seconds before I was about to start talking, the line went completely dead. Silence! This happened while @smmarotta was wrapping up, which was my cue that the Chief Justice was about to call my name to immediately start. At first, we thought that Sean’s line cut out. A few seconds later, we realized that the high-tech phone system we were borrowing had shut off!

BREAKING: We just won our appeal in our Emoluments Clause case against Donald Trump, on behalf of Trump's restaurant and hotel competitors. The Second Circuit panel unanimously reverses the district court's dismissal, across the board. Opinion coming shortly. @CREWcrew @tribelaw @jontaylor1 @CohenMilstein @NoahBookbinder @ZephyrTeachout @JoshuaMatz8