2 August—The only surefire way to prevent Donald Trump from slithering back into the White House even if he should be lawfully elected is to actually convict him of a crime specified in the Fourteenth Amendment. Passed by the Senate in 1866 and ratified in 1868, the Fourteenth Amendment, among other things, forbids anyone who participates in “insurrection or rebellion” against the United States from holding federal office.

Section 3 reads:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, 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, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

The disqualification applies to people who participate in two categories of activities: those who have “engaged in insurrection or rebellion against” the United States, and those who have “given aid or comfort to the enemies thereof.” Imposing the disqualification therefore requires a determination that there was in fact an insurrection or rebellion against the federal government and that a person actually engaged in it—or that a person aided an enemy of the United States.

Problem is, as is the norm for the Constitution, the text doesn’t define the criteria for those offenses. Does the 6 January Capitol mob kerfuffle, riot, protest, attack, skirmish, or siege rise to the level of an insurrection? Depends who’s asking.

An insurrection by definition is a violent uprising against an authority or government. The storming of the Capitol on 6 January 2021 clearly was that. I don’t care who’s asking. But, then, what was the extent of Trump’s involvement? Really. Did he actually engage in an insurrection or rebellion or give aid and comfort to the enemy? Was he even aware that he could have been inciting insurrection?

Yesterday’s indictment merely charges Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. Special Counsel Jack Smith must have had good reason to not charge Trump with actually engaging in insurrection. And I rather doubt it was just to avoid fomenting a civil war, which, given his blindly belligerent following, is a distinct possibility should Trump not be nominated or elected.

Since the presumption of innocence is not guaranteed in the Constitution, then, what is Donald Trump to do? Beats me. That’s why I’ve founded Benefactors United Loyally and Lawfully to Support Heroic Innocent Trump. I don’t rightly know what we can do to help him, but in an effort to maintain a house undivided we’ll do our best.

So I implore Monitor readers to send whatever they can to help Trump pay his mounting legal bills. Make checks payable to Benefactors United Loyally and Lawfully to Support Heroic Innocent Trump. Or, since that won’t fit on the payee line, just use the acronym BULLSHIT . . .