University of Chicago law professor William Baude and former U.S. Court of Appeals Judge Michael McConnell debated the 14th amendment’s insurrection clause, and how it relates to former President Trump’s role in the events that took place on January 6, 2021. Mr. Baude argued that Mr. Trump incited a crowd to resist the counting of electoral college votes and then failed to call on authorities to quell the crowd as it invaded the U.S. Capitol. Mr. McConnell countered that former President Trump did not advocate for violence and that his lack of action in stopping the attack did not mean that he himself engaged in an insurrection. This debate occurred as Colorado’s and Minnesota’s judicial systems considered whether Mr. Trump, who was running to be president again, should be removed from their states' primary ballots, based on the Constitution’s 14th amendment. It took place at the Federalist Society’s 2023 National Lawyers Convention in Washington, DC.
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