If Jack Smith can't stop Trump, this case might

Plus, Hawaii governor’s haunting message in the wake of Maui’s deadly wildfires [VIEW IN BROWSER]( MSNBC DAILY Understand today's news [VIEW IN BROWSER]( MSNBC DAILY Understand today's news Monday, Aug. 14, 2023 THE LATEST [Alternate text] [The best argument for Trump being constitutionally disqualified has come from the right]( By Hayes Brown Former President Donald Trump’s momentum is unquestionable. Even facing a potential fourth criminal indictment in Georgia, Trump remains the GOP front-runner. A conviction in any one of those cases [would not necessarily bar him from continuing to run for office](, or even from being sworn in should he win. But now two prominent conservative legal scholars have [released a draft]( of a pending law review article arguing that Trump is constitutionally ineligible from reclaiming the White House. In doing so, they provide a necessary bulwark against Trump’s ongoing threat to American democracy. The argument comes courtesy of University of Chicago law professor [William Baude]( and [Michael Stokes Paulsen](, a professor at the University of St. Thomas School of Law. In [the draft posted on SSRN](, which is scheduled to be published next year in the University of Pennsylvania Law Review, they argue that Trump is barred from becoming president under [Section 3 of the 14th Amendment](. That clause, in summary, says that no person who previously swore to support the Constitution but then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” can be allowed to hold any federal or state office. This is a preview of Hayes Brown's latest article. [Read the full column here](.     TOP STORIES [Alternate text] [MEHDI HASAN]( [Trump’s top 5 election fraud defenses are as desperate as they are flawed]( Trump is being put on trial for what he did — not for what he said. [Read more.]( [JULIO RICARDO VARELA]( [Latino Republican reps played the anti-woke game — and hurt our community in the process]( That there isn’t already a national Latino museum in the U.S. is a travesty. The reason these Republicans voted to cut its funding is even worse. [Read more.]( [ZEESHAN ALEEM]( [The U.S. reportedly meddled with Pakistan's democracy over Russia]( The U.S. looks incredibly hypocritical in its apparent pressure tactics on Pakistan. [Read more.]( [JA'HAN JONES]( [Trump spreads a rap-centered conspiracy theory in Willis attack]( Trump’s racist and sexist diatribe against Fani Willis mirrors a conspiratorial claim spread by a hip-hop associate in his orbit. [Read more.]( TOP VIDEOS [Alternate text] [WAY TOO EARLY]( [Fulton County DA Fani Willis to present election case this week]( [AMERICAN VOICES]( [Matt Gaetz defends Trump in Iowa, says only 'force' will bring about change in Washington]( [SYMONE]( [Democracy in crisis: Unveiling a DeSantis power grab and Thomas' ethical failures]( [JONATHAN CAPEHART]( [‘I want to warn the entire planet about this’: Hawaii gov. says global warming caused 'fire-hurricane'](     MORE FROM MSNBC [Alternate text]   [Graphic with Joy Reid and cartoon style image of Ja'han Jones, promoting ''Hip-Hop is Universal'' series]( Tonight, Hillary Clinton joins Rachel Maddow live in-studio for an exclusive one-on-one interview, her first TV appearance since the federal indictments of former President Donald Trump. Watch The Rachel Maddow Show tonight at 9pm Eastern on MSNBC.   Sunday, watch the fifth and final episode of "Rainn Wilson and the Geography of Bliss." The documentary series follows actor Rainn Wilson as he explores some of the happiest places on earth and unpacks the science of happiness along the way. This week, Rainn wraps up his journey in Los Angeles. "[Rainn Wilson and the Geography of Bliss](" continues on Sunday at 10 p.m. ET on MSNBC and is streaming now on Peacock. MSNBC INSIGHTS [Alternate text] Have you ever wanted to provide MSNBC with your opinion about their TV programs, documentaries, and digital products, such as MSNBC.com, newsletters, and podcasts? Now is your chance! [Join the MSNBC Insights Community.](   [Image] [Image] 30 Rockefeller Plaza New York, NY 10112 [PRIVACY]( | [CONTACT]( | [UNSUBSCRIBE](listvar=sub_daily) [PRIVACY]( | [CONTACT]( | [UNSUBSCRIBE](listvar=sub_daily)