A place for ex-pats from the Denver Post comment section (closing down in July), as well as people that want to discuss Denver Post articles in general.
Yes, this should be done in every state. It's too bad that it even has to be something where people have to sue over this. Isn't this just following the law? Shouldn't he be prevented from being on the ballot automatically?
A lawsuit is a logical step. While it is clearly written in our constitution about these kinds of things, there is little to no legal precedent to use as additional guidance. We are forming history right at this moment.
I would also speculate that while Trump has been formally charged, he has not been officially "found guilty" yet. Yeah, our legal system can be too slow sometimes.
I am not a lawyer and just your average internet idiot. I could be wrong!
In this case, everyone knows he is guilty and everyone knows there is a subset of people that will still vote for him, given the chance. A lawsuit now will beat him at his own game of tying this issue up in court even through an election.
I would also speculate that while Trump has been formally charged, he has not been officially “found guilty” yet.
That's the point of invoking the 14th though, it doesn't require a guilty verdict. It was originally used against ranking members of the confederates to prevent them from holding office even though very few of them were ever convicted. Specifically 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.
That's some of the plainest language in the Constitution, to boot. I can't wait to see the #GOP's mental acrobatics in court.
They won't even try to justify it. They'll just pretend it doesn't exist and try to throw money at the issue until the right person takes it and makes it go away.
Probably something like "Um actually, it doesn't count as an insurrection if the sitting president supports it" or "there is no government to rebell against during the election certification process."
I can't find a source but I think the argument for the 14rh came from a republican think tank.
Nice.
Those Confederates you mention made the situation very cut and dry by clearly declaring their intentions, adopting a separate constitution, putting on uniforms, etc. Trump and his followers haven't done that; rather, they position themselves as true American patriots fighting to defend the country against malicious actors. Simply invoking the 14th amendment and kicking Trump to the curb will play directly into his side's narrative. We need to go through the courts to give the process legitimacy.
They do have uniforms and flags, have abandoned the constitution and have very vocally said they want a war against democracy.