Hostin's argument hinges on the Democrats' potential to invoke Section 3 of the 14th Amendment against Trump. This section stipulates that no individual who has "engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof" can hold office.
"The Supreme Court yesterday said that what's going to matter for an insurrectionist is that Congress has to pass legislation," Hostin stated on Tuesday. She further emphasized that Trump is shielded from any court cases unless Congress takes action. "Congress is up for grabs, as you [Alyssa Farah Griffin] will admit. Republicans have a razor slim majority. Californians, please, go out and vote for those Democrats, give the House and Congress to the Democrats and you will see Donald Trump go down. That has to be the plan."
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On Monday, the Supreme Court ruled that Colorado does not have the authority to disqualify Trump from the ballot under Section 3 of the 14th Amendment. The court clarified that it is Congress, not an individual state, that can enforce this amendment. The justices also expressed apprehension about a potential "patchwork" of outcomes in future elections, where an "evolving electoral map could dramatically change the behavior of voters, parties, and States across the country, in different ways and at different times."
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"Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse," the court's ruling stated.
Democratic Maryland Rep. Jaime Raskin informed CNN on Monday that congressional Democrats are crafting legislation to disqualify Trump from executive office on the grounds of insurrection.
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"In any event, the Supreme Court punted and said it's up to Congress to act, and so I am working with a number of my colleagues, including Debbie Wasserman-Schultz and Eric Swalwell, to revive legislation that we had to set up a process by which we could determine that someone who committed insurrection is disqualified by section three of the 14th Amendment and the House of Representatives already impeached Donald Trump for participating in insurrection by inciting it. So the house has already pronounced upon that, and there was also a 57 to 43 vote in the Senate," Raskin said on CNN's "Inside Politics with Dana Bash." "The question is whether Speaker Mike Johnson would allow us to bring this to the floor of the House."
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Special Counsel Jack Smith has charged Trump with four counts related to his alleged attempts to overturn the 2020 presidential election in the lead up to and during the January 6, 2021 Capitol riot. However, the former President has not been charged with inciting an insurrection.
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