this post was submitted on 03 Sep 2023
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Democratic Sen. Tim Kaine of Virginia on Sunday said that he believes a strong legal argument can be made to use the 14th Amendment to remove former President Donald Trump from the ballot in 2024, citing Trump's actions related to the Jan. 6 attack on the U.S. Capitol.

Shortly after Jan. 6, Trump was impeached by the House of Representatives for inciting an insurrection amid his push to overturn his election loss, with 10 Republicans and all Democrats voting to impeach him.

He denied any wrongdoing, and while seven members of his own party joined Democrats to support his conviction, he was ultimately acquitted by the Senate.

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[–] FlyingSquid 55 points 1 year ago (35 children)

I want to preface this by saying I think he is absolutely guilty and should suffer the maximum consequences for it. BUT- I do not like the precedent of not allowing someone on the ballot if they have been indicted but not found guilty or innocent yet. This could apply to all sorts of politicians that people want to conveniently get out of the way. I think it's a bad idea.

Now- when, and I am certain it will be a when at this point, he is found guilty, please do bar him from office.

[–] [email protected] 50 points 1 year ago* (last edited 1 year ago) (24 children)

14A S3 is not about punishment for a crime. It is about disqualification from office for a specfied condition, exactly in the same way that people who are under the age of 35 years (the condition) are disaqualified from the office of President. People who, having previously taken an oath to uphold the Constitution for the office they held, and then having engaged in insurrection or rebellion against the United States, or having given aid or comfort to the enemies thereof (the condition), are disqualified from office.

The condition described in 14A S3 may also be a criminal matter, but that is a wholly separate concern.

[–] FlyingSquid 35 points 1 year ago (12 children)

Great, again, what's to stop a Republican in a red state from indicting someone who was, for example, at a Black Lives Matter protest for insurrection because they want to bar them from office? Because that is the precedent being set if you don't wait for a verdict.

[–] qantravon 17 points 1 year ago (1 children)

This is 100% my take as well. Conviction is how the government proves a person did something. Absent that, all you have are allegations, and we really don't want to open up the possibility of disqualifying people because of unproven allegations of sedition.

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

What about the "truths" he truthed on his shitty twitter knockoff about needing to terminate the constitution?

[–] Pr0phet 2 points 1 year ago

This is still just an allegation until these posts have been presented in court and he has been convicted. You really don't want to set a precedent ignoring presumption of innocent.

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