Trump can't be excluded from the election on the grounds that he was an officer under the 14th Amendment.
Here:
In U.S. v. Mouat (1888), the Supreme Court ruled that “unless a person in the service of the government . . . holds his place by virtue of an appointment . . ., he is not, strictly speaking, an officer of the United States.” Chief Justice John Roberts reiterated the point in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010): “The people do not vote for the ‘Officers of the United States.’ ” ...
Mr. Trump took an oath as president pursuant to Article II, not as an
officer pursuant to Article VI. Because the Insurrection Clause applies
only to those who have taken an oath “as an officer of the United
States,” he can’t be barred by that clause from serving in any capacity. ...
Even a criminal conviction wouldn’t bar him from seeking and winning the presidency. The Constitution specifies only that a person seeking that office be at least 35, a natural-born citizen and a 14-year U.S. resident. If Mr. Trump is to be kept from office, it will have to be done the old-fashioned way, the way it was done in 2020—by defeating him in an election.
