this post was submitted on 19 Aug 2023
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Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.

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[–] [email protected] 1 points 1 year ago (1 children)

Again, so what?

Negligent, sure. But that's not the point.

You keep arguing on a moral level, which is entirely besides the point. The question is: is he guilty of insurrection? Not bad presidenting, not shitty behavior.

[–] [email protected] 1 points 1 year ago (1 children)

It's strong circumstantial evidence that the attack on the capitol (which itself is just a component of his overall objective to illegally overturn the election results) was his intention all along

[–] [email protected] 1 points 1 year ago (1 children)

You don't have to convince me, that's once again beyond the point.

[–] [email protected] 1 points 1 year ago

I suppose it would ultimately be up to the supreme court to define what exactly that eligibility requirement (that you basically have to have never tried to overthrow the government) as written in the constitution means, but that doesn't actually immediately involve a conviction of Trump for anything (as "being under the age of 35" doesn't require some sort of criminal conviction)

In the hypothetical scenario, someone would try to remove him from the ballot, and the supreme court would either uphold or reject that based on their interpretation of the language of the amendment