It seems widely agreed upon that even if a President breaks a law, he can only be removed from office through the impeachment process.
However, could an incumbent president who wins a second term be kept from being seated due to the 14th amendment (section 3)? It reads (emphasis mine):
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Apologies because this is a multi-part, not-straightforward question:
- Does the above bolded part correspond to breaking any specific laws? That is, how would one show that a person engaged in insurrection or rebellion, or given comfort to enemies?
- If this could be demonstrated by finding someone guilty of a particular law, in theory couldn't someone bring federal charges against Trump for doing so? (assuming one of his many bad faith acts like cooperating with Russian election interference, or tweeting classified information appeared to be breaking said law).
- Couldn't this happen even if a Republican controlled senate decided not to remove him from office after being impeached? That is, even if it wouldn't cause him to be removed from office, couldn't he, separate from impeachment, be convicted of a crime while still holding office?
- If he was found convicted of a crime which fit the above bolded passage (and didn't engage in some shenanigans like pardoning himself), who would keep him from taking office? (i.e. enforce the law).
I apologize if I'm grossly misinterpreting things here. My background knowledge is just from Wikipedia and constitution.findlaw.com, and I couldn't find any articles dealing with Trump and the 14th amendment, section 3 (all results were about him trying to unilaterally change citizenship laws, so for a different section).