• iHUNTcriminals@lemm.ee
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    1 year ago

    Guess what everybody. We can do whatever we want! So start stocking up on guns and weaponry legal or not! /S

    I mean we always knew right… But now we know for sure. Nothing matters anymore. Do whatever you want!

    We are inching closer to a time where the next crazy mass shooter might be a hero in the history books. Although that little kid that ran scared during that 2020 protest may have already done it.

    Quit raising flags. It’s cooked and finished.

    (Disregard this emotional dramatized post.)

  • Minsk_trust@lemmy.world
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    1 year ago

    Michael Luttig (via The Guardian)- “The former president is disqualified from holding the presidency again because he engaged in an insurrection or rebellion against the constitution of the United States when he attempted to remain in power, notwithstanding that the American people had voted to confer the power of the presidency upon Joe Biden.

    “That constituted a rebellion against the executive vesting clause of the constitution, which limits the term of the president to four years unless he is re-elected by the American people. I cannot even begin to tell you how that is literally the most important two sentences in America today.”

    Luttig draws a fine but important legal distinction between a rebellion against the constitution, as described by the 14th amendment section 3, and rebellion against the United States. He claims that groups that filed lawsuits in Colorado and elsewhere to bar Trump from the ballot are confused on this issue.

    “They do not yet understand what disqualifies the former president, namely an insurrection or rebellion against the constitution. They have argued the cases as if he is disqualified because he engaged in insurrection or rebellion against the United States.

    “That’s why they have, unfortunately, focused their efforts on establishing or not that the former president was responsible for the riot on the Capitol. The riot on the Capitol is incidental to the question of whether he engaged in a rebellion against the constitution.”

    But he adds: “All of these cases – and there’ll be others in the states – is the constitutional process by which the American people decide whether the former president is disqualified from the presidency in 2024. All of these cases are going to roll up to the supreme court of the United States and it will be decided by the supreme court whether Donald Trump is disqualified.”

    • RGB3x3@lemmy.world
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      1 year ago

      They do not yet understand what disqualifies the former president, namely an insurrection or rebellion against the constitution. They have argued the cases as if he is disqualified because he engaged in insurrection or rebellion against the United States.

      My god, what an asinine distinction to make. What difference does it make? The United States hardly exists without the Constitution and vice-versa. They’re as close to one and the same as you can legally get, especially regarding insurrection and disloyalty against either.

  • grue@lemmy.world
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    1 year ago

    I can’t read the article because paywall, but I assume this ruling is based on the fact that political parties are “technically” private entities and therefore primaries are “technically” legally-meaningless private contests that said parties can run however they want.

    Which is all bullshit, of course – if political parties were truly private then they wouldn’t get any support from the state whatsoever to run their fake elections, for starters – but just goes to show how their corruption and power lets them (as de-facto government entities) get away without accountability or oversight.

    • agent_flounder@lemmy.world
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      1 year ago

      Judge James Robert Redford of the Court of Claims in Michigan said that the disqualification of a candidate through the 14th Amendment “is a nonjusticiable, political” issue and that it was up to Congress, and not the courts, to settle the matter.

      Basically he said insurrection can’t be defined by the court system…

      Sounds a lot like passing the buck. Or taking a page out of the SCOTUS playbook.

      • MagicShel@programming.dev
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        1 year ago

        If the court can’t define it, that just means they can’t argue with whatever definition the state government uses.

    • RupeThereItIs@lemmy.world
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      1 year ago

      Nope. Michigan primaries are run by the state like any other election.

      We have open primaries, anyone who’s registered to vote can vote in our primaries.

      My guess is Trump’s not been convicted of acts that would disqualify him.

      This was always a flimsy case, without a conviction that we should already have.

      • MagicShel@programming.dev
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        1 year ago

        Wasn’t the law originally applied to folks who weren’t convicted? That would make requiring a conviction wrong.

        • RupeThereItIs@lemmy.world
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          1 year ago

          It was after the civil war, a general amnesty had been declared nobody was being tried.

          Furthermore they where obviously guilty, with a serious paper trail of a rebal government to back up their guilt.

          Trump is garbage who defied his oath and committed treason… But he still deserves a trial first. And that trial should have already completed.

  • rivermonster@sh.itjust.works
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    1 year ago

    All you need is common sense. If someone tells you it’s not an insurrection bc it happens on a Friday, or bc they weren’t wearing socks–just punch those people in their face as hard as you can. Any judge who thinks it’s legitimate to run thus nazi should be eliminated by common sense using any tool available.

    Anyone with common sense knows that this is nonsensical bullshit. You dont need to be a legal scholar to know that a traitor can’t run to lead the county. In fact, this could be used as a case study for arguing that being a legal scholar makes you stupid.