subject to section three, the only time it was applied until recently was to a representative, victor berger in 1920. then 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? gu

persons subject to section 3, the only time it was applied, until recently, was to a representative, victor berger, in 1920. then it was applied this summer or last summer to a county commissioner in new mexico who was at the insurrection, cayleigh griffin. >> when you hear then the argument or the calls for applying the amendment directly to former president trump, what do you make of those calls and does it have a basis? >> i think it does have a basis. the reason for the rarity of use is since the civil war there have not been a lot of insurrections in the united states, and the insurrectionist have not run for office. everybody agrees trump is a former officeholder in the united states. there's a good deal of evidence. i'm not an expert on the evidence, there's a good deal of evidence that he participated in the insurrection. if so, then he's disqualified from holding office under section 3 of the 14th amendment, which is as much a part of the constitution as the first amendment. >> you said you're not an expert in the evidence, but as far as what you've seen or at least have heard over the la

subject to section three, the only time it was applied until recently was to a representative, victor berger20. then 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: s