A recent CNN discussion about the potential disqualification of former President Donald Trump from future office under the 14th Amendment took an unexpected turn when legal analyst Elie Honig pointed out the lack of clear guidelines for enforcing this amendment. This refutation came in response to fellow CNN pundit, John Avalon’s, optimistic remarks about holding Trump accountable due to his status as a former president.

The conversation was sparked by ongoing hearings in a Denver court to decide whether Trump should be excluded from Colorado’s 2024 election ballot. Avalon argued that if proven guilty in Colorado, this litigation could prevent Trump from appearing on future ballots across the country.

Honig, however, quickly debunked Avalon’s theory. He explained that neither Congress nor the Constitution has provided explicit instructions on how to enforce the 14th Amendment since it was passed over 150 years ago. “The problem is, you can’t just make it up now and apply it retroactively,” Honig stated, questioning the vague concept of the amendment being ‘self-executing’.

The lawsuit in question, brought forward by six voters, references Section 3 of the 14th Amendment. This section disqualifies individuals from holding certain offices if they have previously sworn an oath to support the U.S. Constitution and then engaged in or supported insurrection or rebellion. The plaintiffs argue that Trump breached his official oath with his actions surrounding the Capitol breach of January 6, 2021.

However, Honig predicts two potential outcomes if the state-level judge in Colorado rules against Trump. First, he anticipates a significant political backlash favoring Trump, as such a decision would disenfranchise millions of voters. Secondly, he believes any such ruling is likely to be overturned on appeal, even if the initial judgment goes against Trump.

Despite Trump’s motion to dismiss the case, Colorado’s Judge Sarah Wallace overruled it, rejecting Trump’s claim that only Congress holds the power to settle ballot eligibility disputes. Similar legal battles are unfolding in other states, including Minnesota, New Hampshire, Arizona, and Michigan.

While the idea of disqualifying Trump from future office under the 14th Amendment may seem appealing to liberals, the lack of clear guidelines for enforcing this amendment makes it a complex legal issue. As Honig highlighted, such a decision could result in significant political backlash and is likely to be challenged in higher courts.