it was applied last summer to a county commissioner in new mexico who was at the insurrection, cody griffith. host:host: when you hear the arguments or calls for applying the amendment directly to former president trump, would do you make of those calls and doesn't have a basis -- does it have a basis? guest: it does have a basis. there have not been a lot of insurrections in the united states since the civil war and the insurrectionists have not run for office. everyone agrees that trump is a former officeholder in the united states. there is a good deal of evidence that he participated in the insurrection. if so then he is disqualified from holding office under section three of the 14th amendment, which is as much a part of the constitution is the first amendment. host: you said you are not an expert in the evidence, but as far as what you have seen or heard over the last several months or years, what did he do in order to make the 14th amendment apply in your mind? guest: several things. first, he appeared to have egged on the effort to storm the capitol. he second, appear to have known o