[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9578 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9578

To provide that Donald J. Trump is ineligible to again hold the Office 
   of President of the United States or to hold any office, civil or 
                   military, under the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2022

 Mr. Cicilline (for himself, Mr. Blumenauer, Mr. Bowman, Ms. Brownley, 
Mr. Cardenas, Mr. Carson, Mr. Casten, Ms. Chu, Ms. Clarke of New York, 
    Mr. Cleaver, Mr. Connolly, Mr. Danny K. Davis of Illinois, Mr. 
 DeSaulnier, Mr. Espaillat, Mr. Evans, Mr. Gomez, Mr. Green of Texas, 
 Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Jones, Mr. 
Lamb, Ms. Lee of California, Mr. Lieu, Mr. Lowenthal, Mr. McGovern, Mr. 
 McNerney, Ms. Newman, Ms. Norton, Mr. Payne, Ms. Pingree, Ms. Roybal-
Allard, Ms. Schakowsky, Mr. Takano, Ms. Tlaib, Mr. Torres of New York, 
    Mr. Vargas, Ms. Velazquez, Mrs. Watson Coleman, Ms. Williams of 
  Georgia, and Ms. Wilson of Florida) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide that Donald J. Trump is ineligible to again hold the Office 
   of President of the United States or to hold any office, civil or 
                   military, under the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Section 3 of the Fourteenth Amendment to the 
        Constitution of the United States states: ``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, or 
        given aid or comfort to the enemies thereof.''.
            (2) Section 5 of the Fourteenth Amendment states: ``The 
        Congress shall have power to enforce, by appropriate 
        legislation, the provisions of this article.''.
            (3) The Presidency is an office under the United States.
            (4) Mr. Donald J. Trump did engage in insurrection against 
        the United States by mobilizing, inciting, and aiding those who 
        attacked the United States Capitol on January 6, 2021, to 
        disrupt certification of the 2020 Presidential Election as 
        required by the Twelfth Amendment to the Constitution and the 
        Electoral Count Act of 1887 (3 U.S.C. 15), and a majority of 
        both the House of Representatives and the United States Senate 
        concluded as much through the House of Representatives' vote to 
        impeach Mr. Trump for high crimes and misdemeanors and the 
        majority of the Senate voting to convict Mr. Trump of 
        Incitement of Insurrection on February 13, 2021, with a vote of 
        57-43.
            (5) Evidence has come forward that Mr. Trump and his 
        advisors strategically refused to accept the results of the 
        2020 Presidential Election in November 2020 and attempted to 
        cast doubt on the election results, including as follows:
                    (A) Recorded testimony by Jason Miller, former 
                Trump Campaign Senior Advisor, played during the June 
                13, 2022, hearing held by the Select Committee to 
                Investigate the January 6th Attack on the United States 
                Capitol (hereinafter referred to as the ``January 6th 
                Committee'') revealed that Rudy Giuliani, Mr. Trump's 
                lawyer, urged Mr. Trump to declare victory on election 
                night. Mr. Miller recalled Mr. Giuliani saying 
                ``They're stealing it from us. Where did all the votes 
                come from?''.
                    (B) In the same hearing, recorded testimony by 
                William Stepien, former Trump Campaign Manager, 
                revealed that he encouraged Mr. Trump not to declare 
                victory but rather to say that votes were still being 
                counted and it was too early to declare a winner. Mr. 
                Stepien testified that Mr. Trump disagreed with this 
                approach.
                    (C) In the same hearing, recorded testimony by Mr. 
                Stepien alluded to a divide within the White House 
                between ``Team Normal'' and those insistent on 
                challenging the election, including Mr. Giuliani.
                    (D) The January 6th Committee presented evidence in 
                an October 13, 2022, hearing that an October 31, 2020, 
                draft statement prepared by Tom Fitton, an outside 
                advisor for Mr. Trump, indicated a plan for Mr. Trump 
                to declare victory on the night of the 2020 Election 
                before all ballots were counted or the final results 
                were known, claiming that all ballot-counting must stop 
                at that point in the evening.
            (6) Evidence has shown that Mr. Trump attempted to 
        implement a detailed strategy, drafted by his lawyer, John 
        Eastman, to have Mr. Mike Pence refuse to certify the 2020 
        Presidential Election results on January 6, 2021, despite Mr. 
        Trump and his advisors being repeatedly advised that the plan 
        was unconstitutional, including as follows:
                    (A) A Memo from John Eastman to Mr. Trump outlined 
                a 6-point detailed strategy, titled ``January 6 
                scenario,'' to overturn the 2020 Presidential election.
                    (B) Mr. Eastman's plan involved Mr. Trump asking 
                Mr. Pence to refuse to certify certain electoral votes 
                from 7 States, announcing that there were no electors 
                validly appointed from these States and these States' 
                votes would need to be discarded, then announce the 
                majority of the valid electors voted for Mr. Trump 
                instead of Joseph Biden.
                    (C) The memo continued that if Members of Congress 
                opposed this unlawful change in the slates of electors 
                for these States, Mr. Pence was to declare that neither 
                candidate would reach the needed 270 electoral votes, 
                then call for the vote to be made by the House of 
                Representatives in a voting system that would assign 
                each State one vote, understanding that Republicans 
                controlled a majority of States and would most likely 
                vote for the re-election of Mr. Trump.
                    (D) Recorded testimony by Marc Short, Mr. Pence's 
                Chief of Staff, played during the June 16, 2022, 
                January 6th Committee hearing made clear that John 
                Eastman presented legal theories to Mr. Pence that 
                suggested that he had the authority to reject electors 
                who voted for President Biden. Mr. Short testified that 
                Mr. Pence was unconvinced by these theories, and in his 
                book, Mr. Pence wrote that he ``had told the president 
                many times that the vice president, as president of the 
                Senate, is afforded no authority to reject or return 
                votes to the states and no vice president in history 
                had ever asserted that authority.''.
                    (E) In the same hearing, recorded testimony by Mr. 
                Short confirmed that Mark Meadows, former White House 
                Chief of Staff, acknowledged to him multiple times 
                before January 6, 2021, that the Vice President had 
                ``no role'' in changing the results of an election.
                    (F) In the same hearing, recorded testimony by Mr. 
                Miller revealed that Pat Cipollone, former White House 
                Attorney, expressed his belief that Mr. Eastman's 
                theory was ``nutty,'' and had told Mr. Eastman that he 
                thought so.
                    (G) In the same hearing, Greg Jacob, former counsel 
                to Mr. Pence, testified that Mr. Eastman acknowledged 
                in a January 5, 2021, conversation that if the matter 
                went in front of the Supreme Court of the United 
                States, they would lose, 9-0. Mr. Pence confirmed this 
                in his book, writing: ``. . . even Eastman had conceded 
                to Mr. Jacob that rejecting electoral votes was a bad 
                idea and any attempt to do so would quickly be 
                overturned by a 9-0 vote on the Supreme Court.''.
                    (H) In the same hearing, Mr. Jacob further 
                testified that Mr. Eastman acknowledged in that same 
                conversation that no other Vice Presidents, past or 
                future, should have the authority to reject the results 
                of an election. Despite this, Mr. Eastman reaffirmed to 
                Mr. Jacob that Mr. Pence ought to reject the results of 
                the election on January 6th.
                    (I) In the same hearing, recorded testimony by Eric 
                Herschmann, former White House Attorney, revealed that 
                Mr. Eastman acknowledged that he was willing to accept 
                that there may be violence as a result of his efforts 
                to overturn the election.
                    (J) In the same hearing, recorded testimony by Mr. 
                Short revealed that Mr. Pence advised Mr. Trump that 
                the Vice President had no legal or constitutional 
                authority to interfere with an election. In his book, 
                Mr. Pence wrote of the first time he heard of 
                challenging the election results: ``. . . there was no 
                ambiguity in the Constitution or the law about the role 
                of the vice president, and I never believed that the 
                vice president's role was anything more than 
                ceremonial.''.
                    (K) In his book, Mr. Pence also wrote that Mr. 
                Trump questioned why Mr. Pence opposed Congressman 
                Louie Gohmert's lawsuit filed in Federal court asking 
                ``a Texas judge appointed by President Trump to declare 
                that [Mr. Pence] had `exclusive authority and sole 
                discretion' to decide which electoral votes should be 
                counted.''. Mr. Pence said that Mr. Trump ``came on 
                strong'' and said to him: ``I don't want to see `Pence 
                Opposes Gohmert Suit' as a headline this morning'' and 
                asked Mr. Pence ``if it gives you power, why would you 
                oppose it?''. Pence also wrote: ``I told [President 
                Trump], as I had told him many times before, that I did 
                not believe I possessed the power under the 
                Constitution to decide which votes to accept or reject. 
                He just kept coming.''. Mr. Pence said that Mr. Trump 
                replied by saying: ``You're too honest'' and told Mr. 
                Pence that ``hundreds of thousands are gonna hate your 
                guts'' and ``people are gonna think you're stupid.''.
                    (L) Mr. Pence wrote in his book that Mr. Trump told 
                him that ``[Mr. Pence had] the absolute right to reject 
                electoral votes,'' and told Mr. Pence ``You can be a 
                historic figure . . . but if you wimp out, you're just 
                another somebody.''.
                    (M) Mr. Pence also wrote in his book that Mr. Trump 
                told him ``I think you have the power to decertify.''. 
                Mr. Pence wrote that he told the President again that 
                he did not believe he had the authority, and that such 
                authority ``belongs to the elected representatives of 
                the people''. When Mr. Pence said that they had a duty 
                to support and defend the Constitution, Mr. Trump 
                reportedly called him ``naive'' and later suggested 
                that he would ``have to say that [Mr. Pence] did a 
                great disservice''.
                    (N) Mr. Jacob testified in the June 16, 2022, 
                January 6th Committee hearing that in the evening of 
                January 6, after the violence had been quelled, Mr. 
                Eastman contacted him to ask whether Mr. Pence would 
                consider ``one more relatively minor violation'' by 
                delaying the certification of votes for ten days.
                    (O) Mr. Trump and members of his administration 
                reportedly ran a ``command center'', which has also 
                been referred to as a ``war room'', in the days leading 
                up to and on January 6 at the Willard InterContinental 
                Washington, DC, hotel, with the purpose of preventing 
                the certification of Joseph Biden's victory in the 2020 
                Presidential election.
                    (P) This ``command center'' reportedly served as a 
                central location for members of Mr. Trump's 
                administration to attempt to convince legislators not 
                to vote for the certification of the 2020 Presidential 
                election results and to call on Mr. Trump's supporters 
                to pressure elected officials not to certify those 
                results.
                    (Q) Those working at the ``command center'' also 
                reportedly attempted to pressure Mr. Pence to delay or 
                block the certification of the 2020 Presidential 
                election results.
                    (R) Recorded testimony by Eric Herschmann, former 
                White House Attorney, played during the June 16, 2022, 
                January 6th Committee hearing revealed that Mr. 
                Giuliani seemed to concede on the morning of January 6 
                to Mr. Herschmann's belief that the Vice President had 
                no authority to reject the results of the election, 
                admitting: ``Look, I believe that you're probably 
                right.''.
                    (S) Despite advice that the Vice President could 
                not reject electors, including from Mr. Pence, on 
                January 5, 2021, Mr. Trump tweeted that ``The Vice 
                President has the power to reject fraudulently chosen 
                electors''.
                    (T) On January 6, 2021, when Mr. Pence did not 
                attempt to reject the electors, Mr. Trump tweeted: 
                ``Mike Pence didn't have the courage to do what should 
                have been done to protect our Country and our 
                Constitution, giving States a chance to certify a 
                corrected set of facts, not the fraudulent or 
                inaccurate ones which they were asked to previously 
                certify. USA demands the truth!''. In Mr. Pence's book, 
                reflecting on the rioters ``ransacking the Capitol'' 
                and some of them chanting ``Hang Mike Pence!'', he 
                wrote that ``[President Trump] had decided to be part 
                of the problem.''.
            (7) Evidence has shown that Donald Trump intentionally cast 
        doubt on the legitimacy of the 2020 Presidential election 
        through promoting unfounded theories of voter and election 
        fraud, despite being advised no significant fraud existed, 
        including as follows:
                    (A) Donald Trump spent months promoting the false 
                narrative that the 2020 Presidential Election was 
                fraudulent, tweeting and making statements including: 
                ``[b]ecause of the new and unprecedented massive amount 
                of unsolicited ballots which will be sent to `voters', 
                or wherever, this year, the Nov 3rd Election result may 
                NEVER BE ACCURATELY DETERMINED, which is what some 
                want'' on September 17, 2020; ``We have to win the 
                election. We can't play games. Go out and vote. Do 
                those beautiful absentee ballots, or just make sure 
                your vote gets counted. Make sure because the only way 
                we're going to lose this election is if the election is 
                rigged,'' on August 17, 2020; and ``With Universal 
                Mail-In Voting (not Absentee Voting, which is good), 
                2020 will be the most INACCURATE & FRAUDULENT Election 
                in history . . . It will be a great embarrassment to 
                the USA. Delay the Election until people can properly, 
                securely and safely vote???'' on July 30, 2020.
                    (B) Recorded testimony by former Attorney General 
                Bill Barr played during the June 9, 2022, January 6th 
                Committee hearing revealed that Mr. Barr had told Mr. 
                Trump that ``the idea of saying the election was stolen 
                and putting out this stuff . . . was bullshit.''.
                    (C) Recorded testimony by Mr. Barr played during 
                the June 13, 2022, January 6th Committee hearing 
                revealed that Mr. Trump complained that the Department 
                of Justice was not investigating claims of election 
                fraud, to which Mr. Barr replied that the Department 
                would investigate credible and specific claims, but the 
                Department was not an extension of the President's 
                personal legal team and suggested the election fraud 
                claims were ``just not meritorious''.
                    (D) In the same hearing, recorded testimony by Mr. 
                Barr further revealed that he found Mr. Trump's 
                allegations about the Dominion voting machines 
                perpetuating fraud to be disturbing: ``. . . 
                `disturbing' in the sense that I saw absolutely zero 
                basis for the allegations.''.
                    (E) Recorded testimony by Ivanka Trump, Mr Trump's 
                daughter, played during the June 9, 2022, January 6th 
                Committee hearing revealed that she accepted Mr. Barr's 
                conclusion that there was no evidence of fraud 
                sufficient to overturn the election.
                    (F) In a June 13, 2022, January 6th Committee 
                hearing, Al Schmidt, former City Commissioner of 
                Philadelphia, testified that there was no significant 
                evidence of voter fraud in the 2020 election in his 
                State like Mr. Trump had claimed.
                    (G) In the same hearing, Byung J. ``BJay'' Pak, 
                former U.S. Attorney for the Northern District of 
                Georgia, testified that Mr. Trump requested that he 
                investigate a video which he believed showed election 
                workers pulling out a suitcase of ballots in Atlanta, 
                Georgia. An investigation revealed that the suitcase 
                was in fact an official lockbox, and Mr. Pak confirmed 
                his investigations found no evidence of widespread 
                voter fraud sufficient to undermine confidence in the 
                election results in Georgia. Mr. Pak reportedly 
                resigned in January 2021 in response to pressure from 
                Mr. Trump to overturn the results in Georgia.
                    (H) In the same hearing, recorded testimony by 
                Richard Donoghue, former acting Deputy Attorney 
                General, revealed that Mr. Trump was repeatedly 
                informed that allegations of voter fraud were not 
                supported by the evidence. Mr. Donoghue stated that as 
                each conspiracy theory was debunked, Mr. Trump 
                ``wouldn't fight us on it, but he would move on to 
                another allegation.''.
                    (I) Recorded testimony by General Mark Milley, 
                Chairman of the Joint Chiefs of Staff, played during an 
                October 13, 2022, January 6th Committee hearing 
                revealed that, in an Oval Office meeting after the 
                election, either Mr. Trump or Secretary of State Mike 
                Pompeo acknowledged that President-Elect Biden would be 
                taking over as President.
                    (J) In the same hearing, recorded testimony by 
                Alyssa Farah, former White House Communications 
                Director, revealed that, a week after the election had 
                been called for President-Elect Biden, Mr. Trump 
                acknowledged his election loss in private, saying, 
                ``Can you believe I lost to this effing guy?'' in 
                reference to President-Elect Biden.
                    (K) In the same hearing, recorded testimony by 
                Cassidy Hutchinson, former Aide to then-Chief of Staff 
                Mark Meadows, revealed that Mr. Meadows told her that 
                Mr. Trump repeatedly confided to Mr. Meadows that he 
                had lost the election but wanted to continue to try to 
                overturn the result.
            (8) Evidence has shown that Mr. Trump, after the November 
        2020 Presidential Election, tried to have the results 
        overturned through intimidation of State officials and 
        attempting to have voting machines seized, including as 
        follows:
                    (A) The January 6th Committee presented evidence in 
                a July 12, 2022, hearing that on the evening of 
                December 18, 2020, Donald Trump was visited in the 
                White House by Sidney Powell (attorney for Mr. Trump), 
                Michael Flynn (former National Security Adviser for Mr. 
                Trump), and Patrick Byrne (founder of Overstock.com) 
                for a private, unplanned meeting. The Committee showed 
                a draft Executive order which ordered the Secretary of 
                Defense to seize States' voting machines and appoint a 
                Special Counsel (Ms. Powell) to prosecute perpetrators 
                of election fraud.
                    (B) In the same hearing, recorded testimony by Pat 
                Cipollone, former White House counsel, revealed that he 
                was of the opinion that Ms. Powell, Mr. Flynn, and Mr. 
                Byrne were not giving Mr. Trump good legal advice. Mr. 
                Cipollone testified that when he expressed his concerns 
                to Mr. Trump, the aforementioned three began 
                ``attacking [him] verbally''.
                    (C) Hon. Jeffrey A. Rosen, former Acting Attorney 
                General, testified in a June 23, 2022, January 6th 
                Committee hearing that Mr. Trump asked the Department 
                of Justice in late December to seize voting machines 
                from State governments, which Mr. Rosen insisted they 
                had no authority to do.
                    (D) In the same hearing, Richard Donoghue, former 
                acting Deputy Attorney General, testified that because 
                they refused to say that there was election fraud, Mr. 
                Trump threatened in a December 31, 2020, meeting to 
                remove both Mr. Donoghue and Mr. Rosen from their 
                positions, saying: ``People tell me that I should just 
                get rid of both of you, I should just remove you . . . 
                Maybe something will finally get done.''.
                    (E) Mr. Trump ``publicly and privately attempted to 
                impede Georgia officials'' from certifying Georgia's 
                election results in favor of Joseph Biden, by calling 
                Georgia's Secretary of State Brad Raffensperger an 
                ``enemy of the people'' for refusing to overturn 
                Georgia's election results and by placing 
                ``inappropriate pressure on the Office of the U.S. 
                Attorney for the Northern District of Georgia'' to 
                pursue baseless voter fraud claims, according to 
                documents from the 2021 impeachment.
                    (F) In a June 21, 2022, January 6th Committee 
                hearing, the Committee played a recorded interview with 
                Mike Shirkey, the then-Republican majority leader of 
                the Michigan State Senate, in which Mr. Shirkey 
                revealed that he received nearly four thousand text 
                messages after Mr. Trump publicly disclosed Mr. 
                Shirkey's personal cellphone number on Twitter in an 
                effort to pressure Mr. Shirkey to hold a vote to 
                decertify the 2020 election results in Michigan.
                    (G) After Al Schmidt, former City Commissioner of 
                Philadelphia, said that he believed that there was no 
                significant evidence of voter fraud, Mr. Trump tweeted 
                that Mr. Schmidt ``refuse[d] to look at a mountain of 
                corruption and dishonesty'', and Mr. Schmidt and his 
                family members began to receive specific and targeted 
                threats.
                    (H) In an October 13, 2022, January 6th Committee 
                hearing, the Committee presented a recorded call 
                between Mr. Trump and Secretary Raffensperger in which 
                Mr. Trump told Secretary Raffensperger he wanted to 
                ``find 11,780 votes'', which would be ``one more than'' 
                Mr. Trump would need to prevail against President-Elect 
                Biden. During that same call, Mr. Trump implied that 
                Secretary Raffensperger would potentially face legal 
                consequences if Secretary Raffensperger did not find 
                the votes Mr. Trump requests.
                    (I) In a recording played in a June 21, 2022, 
                January 6th Committee hearing, Gabriel Sterling, Chief 
                Operating Officer of the Georgia Secretary of State, 
                said that election workers were being directly 
                threatened by those who believed the results of the 
                election were fraudulent. He said of the violence 
                perpetrated against election workers: ``It has to stop. 
                Mr. President, you have not condemned these actions or 
                this language. Senators, you have not condemned this 
                language or these actions. This has to stop. We need 
                you to step up. And if you're gonna take a position of 
                leadership, show some. My boss, Secretary 
                Raffensperger, his address is out there. They have 
                people doing caravans in front of their house. They've 
                had people come on to their property. It has to stop. 
                This is elections. This is the backbone of democracy. 
                And all of you who have not said a damn word are 
                complicit in this.''.
            (9) Evidence has shown that on January 6, 2021, Mr. Trump's 
        intention was to encourage a mob to go to the Capitol to stop 
        the certification, where lawmakers and Mr. Pence were present, 
        including as follows:
                    (A) At around 1:30 in the morning of December 19, 
                2020, Mr. Trump sent out a tweet urging his supporters 
                to come to Washington, DC, on January 6: ``be there, 
                will be wild!''.
                    (B) The January 6th Committee presented evidence in 
                the July 12, 2022, hearing that Mr. Trump's tweet 
                launched a barrage of activity online, where previously 
                unconnected right-wing extremist groups began 
                coordinating plans to arrive in Washington, DC, for 
                January 6.
                    (C) In the same hearing, the January 6th Committee 
                presented evidence that Homeland Security in 
                Washington, DC, was aware that these violent groups 
                were planning to arrive in the city.
                    (D) In the same hearing, recorded testimony by 
                Katrina Pierson, former campaign advisor to the Trump 
                Campaign, revealed that she was concerned that these 
                groups may cause trouble at the January 6 rally, and 
                expressed her concerns to Mr. Meadows.
                    (E) In the same hearing, the January 6th Committee 
                presented evidence that Mr. Trump made last-minute 
                edits to his rally speech to specifically reference Mr. 
                Pence.
                    (F) Cassidy Hutchinson, former aide to Mr. Meadows, 
                testified in a June 28, 2022, January 6th Committee 
                hearing that the administration was aware that violence 
                was likely on January 6, 2021, before that date 
                occurred, and made no moves to prevent such violence.
                    (G) In the same hearing, Ms. Hutchinson testified 
                that on the morning of January 6, the former Chief of 
                Staff was made aware of people with weapons on the 
                National Mall but seemed untroubled.
                    (H) In the same hearing, Ms. Hutchinson testified 
                that Mr. Trump was furious that the rally area was not 
                at maximum capacity and wanted the magnetometers 
                removed so that attendees with weapons could enter. 
                ``They're not here to hurt me,'' Ms. Hutchinson 
                recalled Mr. Trump saying. ``Let my people in. They can 
                march to the Capitol from here.''.
                    (I) In an October 13, 2022, January 6th Committee 
                hearing, the Committee presented evidence that revealed 
                the Secret Service was aware that portions of the crowd 
                gathered outside of Mr. Trump's rally at the Ellipse 
                were armed. Mr. Trump was informed of the likelihood 
                that part of the crowd was armed, but he nevertheless 
                held the rally and instructed the crowd to descend upon 
                the Capitol.
                    (J) In the June 28, 2022, January 6th Committee 
                hearing, Ms. Hutchinson testified that Mr. Giuliani 
                told her that January 6 would be a ``great day'' and 
                that Mr. Trump would ``look powerful.''.
                    (K) On January 6 at his rally at the Ellipse, Mr. 
                Trump said: ``Democrats are trying to steal the White 
                House . . . [y]ou can't let it happen. You can't let it 
                happen'', and that ``[T]hey're not taking this White 
                House. We're going to fight like hell, I'll tell you 
                right now.''.
                    (L) Mr. Trump also said on that day: ``If Mike 
                Pence does the right thing we win the election . . . we 
                become president and you are the happiest people . . . 
                Mike Pence is going to have to come through for us and 
                if he doesn't, it's a sad day for our country.''.
                    (M) Mr. Trump also said: ``I said something is 
                wrong here, something is really wrong, can't have 
                happened and we fight, we fight like hell, and if you 
                don't fight like hell you're not going to have a 
                country anymore . . . [W]e are going to try--give our 
                Republicans, the weak ones because the strong ones 
                don't need any of our help, we're try--going to try and 
                give them the kind of pride and boldness that they need 
                to take back our country. So let's walk down 
                Pennsylvania Avenue.''.
                    (N) In a June 28, 2022, January 6th Committee 
                hearing, recorded testimony by former White House aides 
                Nick Luna and Max Miller revealed that Mr. Trump was 
                serious in his intention to go to the Capitol with the 
                crowd.
                    (O) In the same hearing, Ms. Hutchinson also 
                testified that Mr. Trump was furious when informed that 
                he could not go to the Capitol himself. Ms. Hutchinson 
                testified that she was told that Mr. Trump attempted to 
                grab the steering wheel of the car himself to make 
                Secret Service take him to the Capitol.
                    (P) The January 6th Committee presented evidence in 
                a July 21, 2022, hearing that while the insurrection 
                was occurring, Mr. Trump sat in the White House dining 
                room and watched coverage of the insurrection on Fox 
                News for more than two and a half hours.
                    (Q) In the same hearing, recorded testimony by Mr. 
                Cipollone revealed that at no point did Mr. Trump 
                contact or give orders to any law enforcement agencies 
                to intervene.
                    (R) In the same hearing, recorded testimony by 
                Kayleigh McEnany revealed that Mr. Trump contacted 
                Senators from his place in the dining room, encouraging 
                them to delay the certification.
                    (S) In the same hearing, recorded testimony by Mr. 
                Cipollone revealed that he, Ivanka Trump, Eric 
                Herschmann, and Mark Meadows, among others, believed 
                Mr. Trump should make a public statement in response to 
                the growing violence at the Capitol. Mr. Cipollone 
                remarked that Mr. Trump could have gone to the White 
                House briefing room to make a statement at any point.
                    (T) The January 6th Committee presented evidence in 
                the same hearing that Donald Trump, Jr., texted Mr. 
                Meadows on the afternoon of January 6, 2021, saying 
                ``He's got to condemn this shit. Asap. The capitol 
                police tweet is not enough.''. Sean Hannity also texted 
                Mr. Meadows expressing a similar sentiment.
                    (U) The January 6th Committee presented evidence in 
                the same hearing that minority leader Kevin McCarthy 
                called Mr. Trump directly, urging him to call off the 
                violence. When Mr. Trump refused, Mr. McCarthy 
                reportedly reached out directly to Ivanka Trump and 
                Jared Kushner, asking for assistance.
                    (V) Mr. Trump, while the insurrection was occurring 
                at the Capitol, told the people who stormed the Capitol 
                via a social media video, ``[W]e love you, you're very 
                special.''.
                    (W) Mr. Trump, on social media referring to the 
                insurrection that occurred at the Capitol, declared: 
                ``[t]hese are the things and events that happen when a 
                sacred landslide election victory is so unceremoniously 
                & viciously stripped away.''.
                    (X) In the June 28, 2022, January 6th Committee 
                hearing, Ms. Hutchinson testified that the former Chief 
                of Staff seemed largely unconcerned about the reports 
                of violence and that Mr. Trump wanted to be alone.
                    (Y) In the same hearing, Ms. Hutchinson testified 
                that the former Chief of Staff told her that Mr. Trump 
                felt that the former Vice President deserved the ``Hang 
                Mike Pence'' threats, and that the protestors were 
                doing nothing wrong.
                    (Z) In the same hearing, Ms. Hutchinson testified 
                that allies and supporters were urging Mr. Trump to 
                tell the protestors to go home, but he was very 
                reluctant to do so.
                    (AA) The January 6th Committee presented evidence 
                in the July 22, 2022, hearing that in the hour before 
                the Joint Session reconvened following the end of the 
                violence, Mr. Giuliani called several Republicans in 
                Congress, urging them to delay the certification of the 
                votes.
            (10) Evidence shows that Mr. Trump's team recognized the 
        illegality of their and Mr. Trump's actions, and that he may 
        have been unfit to serve in office, including as follows:
                    (A) The January 6th Committee presented evidence in 
                a June 16, 2022, hearing that Mr. Eastman emailed Mr. 
                Giuliani on January 11, 2021, saying: ``I've decided 
                that I should be on the pardon list, if that is still 
                in the works.''.
                    (B) Ms. Hutchinson testified in a June 28, 2022, 
                January 6th Committee hearing that members of Mr. 
                Trump's cabinet were discussing a potential invocation 
                of the Twenty-fifth Amendment.
                    (C) Ms. Hutchinson testified in the same hearing 
                that Mr. Giuliani and Mr. Meadows both sought 
                Presidential pardons in the days after January 6, 2021.

SEC. 2. INELIGIBILITY OF DONALD J. TRUMP TO HOLD ANY OFFICE UNDER THE 
              UNITED STATES.

    Under section 3 of the Fourteenth Amendment to the Constitution of 
the United States, Donald J. Trump is ineligible to again hold the 
Office of President of the United States, or to hold any office, civil 
or military, under the United States.

SEC. 3. NO IMPACT ON EXISTING STATE AND FEDERAL PROCESSES FOR ENFORCING 
              SECTION 3 OF THE FOURTEENTH AMENDMENT.

    This Act shall not supersede, foreclose, or impair any local, 
State, or Federal authority, cause of action, or legal process that can 
give effect to section 3 of the Fourteenth Amendment to the 
Constitution of the United States.
                                 <all>