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Donald Trump’s indictment on charges related to his attempt to overturn the 2020 election, which led to the January 6 insurrection, may carry a political risk in addition to the legal trouble the former president is facing. IU McKinney Professor Gerard Magliocca told New York Magazine “The indictment will boost the credibility of a disqualification case.” The story appears in the August 3 edition.

Professor Magliocca has testified in a hearing that could have denied a member of Congress the right to run for reelection due to her involvement in the insurrection. He has provided expert commentary for media members nationwide about 14th Amendment challenges. While the current indictment of the former president doesn’t mention “insurrection,” it does note that Trump and others tried to “exploit” it to stop the certification of President Biden’s victory. “Election officials and judges can conclude on their own that Trump’s conduct met the constitutional standard for disqualification,” Professor Magliocca said in the story. “Excluding someone from office is not a criminal penalty and thus does not require a ‘beyond a reasonable doubt’ standard of proof.”

Professor Magliocca is a Samuel R. Rosen Professor of Law at IU McKinney and a nationally known expert in constitutional law. He is the author of five books, the latest of which, Washington’s Heir: The Life of Bushrod Washington, was published by Oxford University Press in early 2022. He also is the author of over 20 articles on constitutional law and intellectual property.