14th Amendment, Section 3 Disqualification from Holding Office:
"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."
Nowhere in that Section does it include the Office of the President of the United States of America (i.e., The Executive Branch), let's get that straight right from the onset.
First key legal term in that criteria is "shall": Shall is an imperative command, usually indicating that certain actions are mandatory, and not permissive.
Second key term here is "engaged": involved in activity; involved especially in a hostile encounter
Third key term, and its legal definition thereof is, "insurrection": A rebellion of citizens or subjects of a country against its government.
Rebellion: The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued.
The final legal term (phrase) in that criteria is "giving aid and comfort to the enemy": SECTION 3. Clause 1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open court.
"The two branches of treason, "levying war," and "adhering to their enemies, giving them aid and comfort," are distinct, and do not embody synonymous actions."
"The term 'enemies,' as used in the second clause, according to its settled meaning, at the time the Constitution was adopted, applies only to the subjects of a foreign power in a state of open hostility with us. It does not embrace rebels in insurrection against their own government."
"...whereas giving aid and comfort is generally committed in connection with a war waged against the United States by a foreign power."
President Donald J. Trump did NOT (shall have) directly engage in an armed insurrection "in a hostile encounter" against the United States Constitution for which he gave oath to support. Equally, President Donald J. Trump did NOT give aid and comfort to the enemy since there was no enemy (a foreign power) to give aid and comfort to on January 6, 2020. More importantly, the United States Government via the F.B.I. emphatically declared that J6 was NOT an insurrection. Nor was President Donald J. Trump charged with inciting a riot and/or directly engaging in said riot that was facilitated by FBI agents placed within the J6 crowd and Capitol Police who aided in the breach of the Capitol.
"The FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result, according to four current and former law enforcement officials."
No insurrection, as such no rebellion either.
No enemies (agents of a foreign power) were present at the events of J6 either. Therefore, no enemies for anyone to give aid and comfort thereto.
The 14th Amendment, Section 3, does not apply where President Donald J. Trump is concerned.
And the following should go without saying, since 14/3 was specifically written after the Civil War to bar/forbid anyone in the Confederacy from holding any office (specifically named therein) that "engaged in" OR "gave aid and comfort" to the enemy during said Civil War. 14/3 has absolutely no relevance to any era thereafter.
But more importantly is Section 5 of this Amendment:
Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Congress, not the judiciary or any Secretary of State has the authority to enforce Section 3 of this Amendment, let alone any other provision therein. And Congress, through an impeachment proceeding, acquitted President Trump of inciting an insurrection.
Donald J. Trump can and will likely serve another term as POTUS.
March 4, 2024 UPDATE:
"The justices unanimously overturned a Dec. 19 decision by Colorado's top court to kick the former president off the state's Tuesday Republican primary ballot after finding that the U.S. Constitution's 14th Amendment disqualified him from again holding public office. The Colorado court had found that Trump took part in an insurrection for inciting and supporting the Jan. 6, 2021, attack on the U.S. Capitol by his supporters.
The justices determined that only Congress can enforce the constitutional provision against federal officeholders and candidates."
And let me remind everyone, there was NO insurrection. Even the FBI admitted same; but more importantly, no one to this date has ever been charged and convicted for criminal insurrection. There is a reason for that, obviously.