Virginia’s Democratic Senator Tim Kaine has drafted a resolution that would formally censure Donald Trump, but it would also include provisions that would mirror language in Section 3 of the 14th Amendment on barring officials from holding future office.
Kaine is looking to file next week, and is still gathering input.
“In a way I view it as kind of censure plus because it has these two factual findings that could have the same consequence as an impeachment conviction,” Kaine said. “It’s not just, ‘hey you did those things and that’s bad.'”
Kaine says the wording in the resolution is essentially a condemnation with “practical consequences” if Trump tried to run for office again.
In addition to a condemnation, the resolution makes two findings:
- That January 6 was an insurrection
- And that Trump gave “aid and comfort” to the insurrection
Section 3 of the 14th Amendment says that no public officials who had “previously taken an oath” to support the Constitution will hold office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Senator Dick Durbin has previously said he was unsure that the 14th Amendment could be pursued without a conviction, but if a censure were to be pursued it would be following the impeachment trial.
Susan Collins, Lisa Murkowski, and Mitt Romney all said they were willing to review the resolution with Kaine.
Democrats would likely not go forward with censure if they couldn’t get the 10 Republican votes needed to get the resolution over a procedural hurdle.
Andrew Jackson is the only president to ever be censured, and after three years the action was walked back.