The Problem with ‘Insurrection’ in the Impeachment Article

Members of U.S. Capitol Police part through a crowd in riot gear as people rally outside of the Supreme Court in support of President Trump in Washington, November 14, 2020. (Leah Millis/Reuters)
The Democrats’ language could have implications for people other than the president.

NRPLUS MEMBER ARTICLE I have tried to distinguish two issues: whether President Trump committed impeachable conduct (he did), and whether that conduct is accurately described in the article of impeachment Democrats will propose today (the description is problematic). Relevant to that latter point, as I’ve previously detailed, is the title of the article: “Incitement to Insurrection.”

My point here is not to rehash the problems I’ve already outlined. It is, rather, to look at the issue through the prism of my colleague Dan McLaughlin’s characteristically incisive and comprehensive essay on the insurrection-based disqualification from public office in Section 3 of the 14th Amendment.

As Dan