Virginia’s Democratic Sen. Tim Kaine said Thursday he is likely to introduce next week a censure resolution condemning former President Donald Trump for the Jan. 6 Capitol breech that will include language intending to bar him from holding future office, since it appears certain that the Senate will not convict him.
Democrats have argued that a Senate trial of Trump on the House’s impeachment article of “inciting insurrection” go forward to invoke Section 3 of 14th Amendment, which bars those “engaged in insurrection” from holding office.
The 14th Amendment was adopted following the Civil War and was intended to bar former military and civilian officials of the Confederacy from government.
"If he ever were to decide to run again, which may not happen, then likely a court or somebody would say, ‘OK, what about your behavior in January of 2021 including the congressional fact finding,’” Kaine said, according to TheHill.com.
Kaine said his resolution would have “practical consequences,” finding that Trump not only incited insurrection but gave “aid and comfort to the insurrection.”
He suggested that "Congress’ finding the facts would be given great deference by a court."
Democratic Majority Leader Chuck Schumer, D-New York, has said that if the Senate voted to convict Trump of the impeachment article, it would vote to bar him from office. But considering 45 Republicans on Tuesday voted to declare the Senate trial unconstitutional, in a resolution sponsored by Sen. Rand Paul, R-Kentucky, it appeared virtually impossible Democrats would get the 67 votes needed to convict.
Kaine said he wanted his resolution to have the same effect as an impeachment conviction.
"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," he said.
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