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[News] Liberal groups seek to use the Constitution's insurrection clause to block Trump from 2024 ballots (apnews.com)

submitted 1 year ago by [email protected] to c/[email protected]

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As former President Donald Trump dominates the Republican presidential primary, some liberal groups and legal experts contend that a rarely used clause of the Constitution prevents him from being president after the Jan. 6, 2021, attack on the U.S. Capitol.

The 14th Amendment bars from office anyone who once took an oath to uphold the Constitution but then “engaged” in “insurrection or rebellion” against it. A growing number of legal scholars say the post-Civil War clause applies to Trump after his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol.

Two liberal nonprofits pledge court challenges should states’ election officers place Trump on the ballot despite those objections.

The effort is likely to trigger a chain of lawsuits and appeals across several states that ultimately would lead to the U.S. Supreme Court, possibly in the midst of the 2024 primary season. The matter adds even more potential legal chaos to a nomination process already roiled by the front-runner facing four criminal trials.

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[–] [email protected] 4 points 1 year ago (3 children)

I don't see it happening unless he's actually convicted in the 1/6 or Georgia trials.

Superficially, it seems obvious he broke his oath of office, but using superficial observations isn't how our court system is supposed to work. "BUT HE LOOKS GUILTY!" ;)

The Cowboys For Trump guy who got bounced out based on the 14th Amendment was actually convicted first.

https://www.lcsun-news.com/story/news/local/new-mexico/2023/02/20/court-upholds-ban-against-cowboys-for-trump-co-founder/69923713007/

[–] [email protected] 0 points 1 year ago (2 children)

I don’t see it happening unless he’s actually convicted in the 1/6 or Georgia trials.

I 100% agree with you. I've argued that, despite my personal feelings on Trump, he deserves due process under law before this happens. I understand that some constitutional scholars believe he's disqualified just because it's mentioned in the 14th Amendment, but I can't see how you enforce that without some sort of conviction or admission of guilt.

[–] CatpainTypo 3 points 1 year ago (1 children)

He has been impeached for his big lie and attempted insurrection. There was enough evidence for the impeachment to be made. Should be enough to remove him from the ballot.

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

The bar for impeachment is essentially "enough people didn't like you enough", which is significantly lower than actually being convicted in a court of law.

Not that I think Trump is innocent. The bastard did it, but you don't want to set the precedent of "oh we impeached you you can't run again".