Speaking to reporters in Milwaukee, Biden said, "I'll let the court make that decision. But he certainly supported an insurrection. No question about it." Despite emphasizing the judiciary's role, Biden seldom comments on Trump's growing legal challenges.

This legal setback for Trump, who will appeal to the US Supreme Court, stems from the 14th Amendment, which prevents those who have engaged in insurrection from holding office. It is central to several nationwide legal efforts against Trump.

Amid close polling with Trump and low approval rates, Biden has escalated his criticism, warning at a recent event that Trump poses a significant threat to democracy and condemning his apparent indifference during the Capitol attack on January 6, 2021. Biden characterized Trump's attitude towards violence against Americans as despicable.