The Disqualification Clause was written for people like the ex-president, who gave aid and comfort to enemies of the country.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same,...
Baude and Paulsen note that this could include people like former National Security Advisor General Michael Flynn , the “fake electors,” Jeffrey Clark of the Justice Department, and “at least one member of Congress” who had supported Clark’s plans—and even lobbied for removal of senior DOJ officials who opposed Clark’s scheme.
Secondly, citizens and states could challenge his presence on the ballot through the courts. There has already been a recent case involving removal of Jan. 6 rioter from theirAll of these, naturally, would result in litigation which likely would end up in the U.S. Supreme Court. Nor is it clear how the Supreme Court would rule on this.
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