this post was submitted on 15 Aug 2023

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Reality for thee, not for me (i.imgur.com)

submitted 1 year ago by dancingsnail to c/lemmyshitpost

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[–] Lammy 17 points 1 year ago (8 children)

As a doomer, I’d like to point out that even conviction and imprisonment, do not prohibit him from winning the presidential election.

[–] whereisk 5 points 1 year ago (2 children)

Depends on what he's convicted of. There are certain convictions specifically prohibiting you from holding high office.

[–] Lammy 2 points 1 year ago (1 children)

Is that true, which of the charges do that?

[–] LordOfTheChia 2 points 1 year ago* (last edited 1 year ago)

https://www.vox.com/23828477/trump-2024-14th-amendment-banned

The legal paper, authored by University of Chicago professor William Baude and University of St. Thomas professor Michael Stokes Paulsen, centers on Section 3 of the 14th Amendment — a provision that limits people from returning to public office if they have since “engaged in insurrection or rebellion” or “given aid or comfort” to those who have. Baude and Paulsen argue that this clearly covers Trump’s behavior between November 2020 and January 2021.

Tested at the state level:

https://abcnews.go.com/Politics/judge-removes-local-official-engaging-jan-insurrection/story?id=89463597

A state judge in New Mexico has removed a county commissioner from office after ruling that -- because he participated in the Jan. 6 attack on the Capitol -- the U.S. Constitution barred him for engaging in an "insurrection."

https://www.npr.org/2022/09/06/1121307430/couy-griffin-otero-county-insurrection-fourteenth-amendment

The State Supreme Court dismissed his appeal:

https://www.krqe.com/news/politics-government/new-mexico-supreme-court-maintains-couy-griffin-office-removal/

Griffin tried to appeal the ruling, but the state Supreme Court dismissed the appeal in November. He filed a motion for the state’s highest court to reconsider, which they dismissed this week. Now, Griffin wants to take this to the United States Supreme Court.

His wiki:

https://en.wikipedia.org/wiki/Couy_Griffin#Removal_from_office

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