'He will be barred': Watergate prosecutor predicts reversal of Trump's Colorado win
"I don't think that's what our founders intended," Wine-Banks said. "The language of the 14th amendment says anyone, any officer, military, or civil, and the president is both a civil officer of the United States, and the military commander in chief, so he falls into both of those categories."
She continued:
"So the argument that he is not an officer, and that there is a difference between his oath and the oath that a senator takes, is a difference without distinction. The difference between protect and support doesn't make any sense to me. Of course, protect is even a higher burden. If the president has to protect the constitution, he also has to support it."
Wine-banks added that the judge's decision is "wrong on the law."
"Of course on the facts she is right, and she made a factual finding that he is insurrectionist. And that would bar him if he were an officer. And I believe that any higher court will find that it was the intent to bar such a person from holding the office of president. and that he will be barred."
"I don't think that's what our founders intended," Wine-Banks said. "The language of the 14th amendment says anyone, any officer, military, or civil, and the president is both a civil officer of the United States, and the military commander in chief, so he falls into both of those categories."
She continued:
"So the argument that he is not an officer, and that there is a difference between his oath and the oath that a senator takes, is a difference without distinction. The difference between protect and support doesn't make any sense to me. Of course, protect is even a higher burden. If the president has to protect the constitution, he also has to support it."
Wine-banks added that the judge's decision is "wrong on the law."
"Of course on the facts she is right, and she made a factual finding that he is insurrectionist. And that would bar him if he were an officer. And I believe that any higher court will find that it was the intent to bar such a person from holding the office of president. and that he will be barred."