• @Kbobabob
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    -24 months ago

    Has Trump actually been found guilty of insurrection? It seems this could be where the issue lies. I know he’s an insurrectionist, you know he is an insurrectionist but unless convicted how do you apply the law?

    • @ashok36
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      374 months ago

      He was found by the Colorado court to have engaged in insurrection, yes. No court since has overruled that finding. Not even the scotus in this decision disagreed with the finding. They just said, basically, “He did it but Colorado doesn’t have the power to determine eligibility under the 14th; That’s for congress.”

      The “trump was never convicted of insurrection” meme is dead.

      • @sunbrrnslapper
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        104 months ago

        Doesn’t that put the 14th and 5th in conflict? I made the assumption that due process (5th) was assumed/required when the 14th was written.

        • @[email protected]
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          4 months ago

          being disqualified from an office is not covered by the 5th amendment

          people under 35 are not being held out of office of the president for some crime.

        • @[email protected]
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          4 months ago

          It’s a civil matter, not a criminal one.

          Requiring congress to vote to not allow him to run is legally the same as requiring congress to vote to not let allow a 5 year old to run. Neither Trump nor the 5 year old should have to be proven ineligible They’re simply not, under the law as written.

          SCOTUS are a bunch of political hacks and they should be charged with aiding and abetting an insurrectionist.

      • @hydrospanner
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        -24 months ago

        So… what’s to stop a Texas or a Mississippi or a Florida from deciding that Biden has participated in an insurrection, and requiring no conviction, uses this as grounds for removal from the ballot in November?

        As much as I want Trump off ballots and believe he’s an insurrectionist, it’s important to remember that anything that can be done to hamper his chances that requires no (or a low bar) legal framework can also be done to help his chances.

        If a court in Colorado can sit down and decide he’s off the ballot because of their opinions, and that decision is enforceable and unassailable, then we’re establishing that a state court can strike any name from any ballot because they say so.

        With that precedent, I would fully expect states with GOP leadership to appoint judges who would then find reasons to call some aspect of Biden’s presidency an insurrection (in a similar vein as the Mayorkas impeachment), and remove him from their state’s ballot.

        • @thesporkeffect
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          24 months ago

          Literally nothing. If they were able to they would do it already, in several cases they are kind of half-assedly trying. Mutually assured destruction isn’t the principle of operation when one side is generally acting in good faith and the other side is actively pulling the copper out of the walls.

          • @[email protected]
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            44 months ago

            The thing keeping them from doing that is they need some form of proof.

            Nothing is stopping anyone from just lying about everything, except other people who refuse to go along with the lie. All social systems are inherently backed by community intolerance of dishonesty.

    • @thedirtyknapkin
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      134 months ago

      Yes, that was the ruling of the Colorado state Supreme Court. This is the federal Supreme Court saying “the courts can’t do that, only congress can” which is a very very strange way to read that amendment.

      • @[email protected]
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        4 months ago

        And then when it gets to Congress they’ll throw their hands up and say “He’s not president we can’t impeach him!” as if that’s all they could do. Then when he is president (I fully expect him to win…) they’ll say “impeachment is just a political tool it’s not about crimes!” So they can continue to do absofuckinglutley nothing about it, again pretending that this is an impeachment thing.

        I’m almost 40 and I’ve never lived in a time where Congress served any useful purpose. We already don’t have any representation yet we pretend like we do because like 6 people exist (AOC, Porter, Sanders etc…)