• reddig33@lemmy.world
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    11 months ago

    Make no mistake — by not waiting for a conviction to remove Trump from the ballot, this is the Pandora’s box that has been opened. Just like impeachment, it will be used and abused.

    • Telorand@reddthat.com
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      11 months ago

      He was convicted—of participating in an insurrection by incitement. That’s what the judge before SCOCO ruled, and SCOCO finished the groundwork she laid out. He was therefore rightly ejected from the Colorado ballot under the 14th Amendment.

      If you mean waiting for a conviction from his other cases, none of them would bar him from running. Felons are allowed to run for president.

      But no matter what, Republicans will always use whatever they can to do damage. Justice shouldn’t stop just because you know they’ll continue to abuse the system as they have always done.

      • Nougat@kbin.social
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        11 months ago

        “Convicted” is not the correct term here. That would (outside of impeachment) require a criminal charge, followed by a guilty plea or a trial, and if a trial, a finding of guilty by the finder of fact (either a judge or a jury).

        As a finding of fact, in both a Colorado district court, and in the Colorado Supreme Court, Trump “engaged in insurrection.” I would need to look and see whether Michigan and Minnesota courts found the same fact.

        None of the 14A S3 cases charge anyone with any crime.

    • TransplantedSconie@lemm.ee
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      11 months ago

      Show me in the 14th Amendment Section 3 where it says you have to be convicted.

      Here is the full text. Show me any mention of convicted:

      Section 3

      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.

      • reddig33@lemmy.world
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        11 months ago

        See “felony disenfranchisement” and “presumption of innocence”. Amendment 14 section 3 doesn’t exist in a vacuum.

    • PeepinGoodArgs@reddthat.com
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      11 months ago

      Yeah, except there was very detailed reasoning that went along with that ruling. Permitting crybaby ass Texas officials to just…follow their feelings would be insulting to everyone.

    • bostonbananarama@lemmy.world
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      11 months ago

      If the court was not able to find a factual basis for the requested relief then they would simply deny the application/complaint. The court reviewed the facts and granted the requested relief. Why does a different court need to rule on the facts before this court can act?

    • lolcatnip@reddthat.com
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      11 months ago

      Being ineligible to be president is not a punishment for a crime. No criminal conviction is required.

    • DragonTypeWyvern@literature.cafe
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      11 months ago

      The insurrection clause was used after the Civil War exactly as intended, to prevent treasonous filth from running for office despite not being convicted in criminal courts.