Presidential Disqualification by 14th Amendment

As of 9 September 2023, should Donald Trump be disqualified from running for President of the United States of America (U.S.) in 2024 based on the 14th Amendment, Section 3, which is written as follows:

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.

Let’s focus this discussion on the part that says, “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”  Who determines whether someone has “engaged in insurrection or rebellion” for the purposes of Section 3?  I, like many other registered voters that make up We the People (WtP), believe his actions following the election of 2020 should disqualify him, but should my personal belief or say so be enough to disqualify someone from running for public office?  Or, should the disqualification be determined by individual States, the State or Federal Judiciary, WtP in a referendum, or some other way?

Regardless of personal opinions, what about the principle commonly used in the U.S. where a person is presumed innocent until proven guilty in a Court of Law?  Should Trump be disqualified from running when he has not yet been convicted of a crime related to insurrection?  If he gets convicted of any crime in any of his four indictments, should any conviction disqualify him based on Section 3?  Section 3 does not specify any crime to be a disqualifier.  It specifically refers to being “engaged in insurrection or rebellion”.  Does “engaged” in the context of Section 3 require a conviction, or can some other criteria be considered?  This seems more and more to me like a question that the Judiciary would have to answer for WtP.

Trump has been charged in four separate, criminal cases.  In New York, he is charged with crimes associated with paying hush money in violation of election laws.  Is that insurrection or rebellion?  I don’t believe so.

In Florida, he is charged with crimes related to mishandling classified documents and obstructing justice in the investigations around the mishandling.  Is that insurrection or rebellion?  I don’t believe so, even though I believe mishandling classified documents should be its own disqualifier.  That is for a separate discussion outside of the 14th Amendment.

In Washington, DC, he is charged with many counts related to unlawful acts associated with criminal attempts to overturn the results of the 2020 election which culminated in a violent attack against Congress at the U.S. Capitol while Congress was in the process of performing a Constitutionally mandated function.  Is that insurrection or rebellion?  I believe it absolutely is.

In Georgia, he is charged with using the power of the Office of the President of the U.S. to attempt to overturn an electoral function reserved for the State of Georgia relative to the 2020 election.  Is that insurrection or rebellion?  I believe it absolutely is.

So, by my estimation, Trump is charged in two cases where Section 3 of the 14th Amendment should disqualify him from running for President and two cases where the 14th Amendment should not apply.  However, should there be a conviction by a Court of Law before Section 3 could be applied?  If we don’t require conviction, then what should be the alternate threshold and who should make that determination?