Several states grapple with whether to remove the former president under the Insurrection Clause of the 14th Amendment. Colorado and Maine have both done so, with their decisions on hold pending Supreme Court review, but California and Michigan, where state law and the responsibility of the secretary of state are different, declined to do so at this time.
It's beyond dispute that Trump furthered the January 6 attack, said Kirschner — because "we have seen him continue to give aid" to the insurrectionists, complete with "pledges of love and pardons." That Trump engaged in insurrection, he continued, is "the only rational conclusion one could reach."