Has Trump made himself ineligible for any elected office?
There is a growing body of legal opinion that between his involvement and non-actiions, in the January 6 attempted coup and his statements about throwing out the US Constitution if elected President again (which is itself a tacit admission he recognizes he was not elected President in 2020) that Trump violated the provisions of Amendment 14, Section 3 of the US Constitution. Although it has been over 199 years since this clause was used to remove an elected Federal official from office or prevent their seeking one, it is still a very real part of the highest law in the United States.The wording is:
"Section 3 Disqualification from Holding Office
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."
Several Federal judges and State election officials are maintaining this precludes Donald Trump from ever again being placed on a ballot for office.
Comments (133)
aid or comfort? What'd he tell the rioters? "We love you, you're very special." Comforting I'd say.
It's seems to me that when Trump was impeached, officials voted in their own self-interest, rather than in the interest of democracy, the constitution and the citizenry. Government cannot be trusted to self-regulate in the US under the current circumstances.
And I don't think it was just Trump who violated those provisions: by not standing up to Trump in their own self-interests many Republican officials gave aid and comfort. How close to 'every last one of them', except for those fired by Trump, might that be?
It will be interesting to see how the trajectory of holding people to account continues.
It's seems to me that when Trump was impeached, officials voted in their own self-interest, rather than in the interest of democracy,.
It's interesting how you attempted to steer this in a different direction.
The US has utterly failed to act like a republic.
The US has utterly failed to act like a republic.
Most modern nations—including the United States—are democratic republics with a constitution, which can be amended by a popularly elected government. This comparison, therefore, contrasts the form of government in most countries today with a theoretical construct of a "pure democracy", mainly to highlight the features of a republic.
I think also the due process portion of the Amendment would be a little sticky in the current Congress. I doubt they could get the 2/3 vote needed to let Trump run again. Also the standard of proof needed to use the clause is not really well defined. Everything would seem to depend on the outcome of the criminal cases which Trump wants to delay until 2026 so that he could already have run. (Of course if he did, and won, he would simply pardon himself of all Federal charges. Those not liking his doing so would of course have to sue after the fact, and also convince a court they even had sufficient Standing to oppose his action in a civil case.)
I think also the due process portion of the Amendment would be a little sticky in the current Congress. I doubt they could get the 2/3 vote needed to let Trump run again. Also the standard of proof needed to use the clause is not really well defined. Everything would seem to depend on the outcome of the criminal cases which Trump wants to delay until 2026 so that he could already have run. (Of course if he did, and won, he would simply pardon himself of all Federal charges. Those not liking his doing so would of course have to sue after the fact, and also convince a court they even had sufficient Standing to oppose his action in a civil case.)
aid or comfort? What'd he tell the rioters? "We love you, you're very special." Comforting I'd say.
It definitely said 199, but it's not unusual for something like '100,99' or '100 or 99' in speech to end up as '199' in a subtitle.
I don't much like Glenn Kirschner's style, nor biases, but he's good at explaining the law and the practicalities of the legal process. I'll give him the benefit of the doubt that it wasn't hyperbole.
Colored soldiers were offered the choice of mustering out and being discharged to their home states without any weapon or job, or staying in the Army getting a steady salary and being used to continue the Indian Wars and help maintain order during re=construction in the former Confederate states. Many chose to stay in and thus began the era of the Buffalo Soldier.
There's a lot of interesting stuff there.
On the subject of why it's taken so long for Trump to be indicted regarding J6, I think perhaps the answer is in how cleverly structured everything is such that people are being held to account for their actions, or held to abide by the constitution all the way up to and including the Supreme Court Justices.
And several thousand federal employees he laid off as hostages to fund The Wall against Mexico.
And several thousand federal employees he laid off as hostages to fund The Wall against Mexico.
Perhaps it is just not worth the worry...but interesting how many people Trump screwed over...
Weaponizing the courts and the justice system is of course nothing new in history. Would-be tyrants have taken this path constantly. It serves to give an air of 'legitimacy' to their tyranny. Democrats' plan is clear: knowing they are unlikely to beat Trump in 2024 as things stand, they've strategized to prosecute Trump from multiple angles. 'Novel legal theories' is what people are calling the various charges being brought against him. Another way to say it is that Trump is being charged and treated in a manner that no other person - much less a president - has been treated previously.
Investigations and grand juries empanelled in Heavily Democrat districts. Clearly biased prosecutors and attorneys leading the charge. And all timed perfectly to try and impact on the 2024 election. Trump is 100% right when he says it is election interference. Fani Willis in Georgia has proposed just 2 months from now for the trial to take place. A trial with 19 defendants (incl Trump) and likely dozens of witnesses. 2 months is a joke. RICO cases usually take many YEARS before going to trial. And yesterday we find out the case in DC (where residents voted for Biden over Trump by a factor of 17 to 1) was announced for March 4 next year, ONE DAY before the important Super Tuesday Republican primaries. Trump's lawyers have 12 million pages of discovery to get through in that case, in a case that will likely involve 100+ witnesses. Again, it's an absolute joke to bring such a case so soon. It deprives the defendant the ability to make a proper defense.
But we know the play:
Democrats want to get guilty verdicts of Trump ahead of the election. It's as simple as that. They've designed it in a way where that's likely to happen. Partisan judges, in Heavily Democrat districts where the jury pools are made up of a strong majority of people who already really dislike Trump. There's a very good chance that any guilty verdicts would be overturned on appeal. But here's the kicker - any such overturned verdicts wouldn't come 'til AFTER the election.
So now you see it. It's not exactly complicated. The strategy is clear. In many ways it's very similar to how the 'justice' system operated in Stalinist Russia. 'Show me the man and I'll find you the crime'
This is the state of affairs. Many people have been so successfully gaslit into hating Trump - the result of years of media and political attacks against him - that many will now ACCEPT this new 'standard' of 'justice', not realising that if it becomes the norm that ultimately no one is safe. Next time round it may well be someone YOU like or support. Sow the seeds, reap the harvest
The criminal Trump has been getting away with too much for too long, time he learnt he is not above the law.
The Democrats are doing what the republicans won't do, standing up to a bully.
It's not complicated.
With such a deeply embedded surveillance infrastructure now in place and expanding exponentially,
the only way to remove this invasive high tech now is anarchy.
2025 is their end timeline, so jack up the credit cards , chink together those double Southern Comfort chasers and live like theres no tomorrow coz like sand through an hour glass there running out!
And yet not a single firearm was found on a Trump supporter at The Capitol that day. Anyone calling the events of that day an 'insurrection' is just deluding themselves.>
<Smipped>
Trump is 100% right when he says it is election interference.
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Total BS. There have been prosecutions and convictions of people who carried firearms and other weapons onto the Capital Grounds on January 5. Also there have been numerous convictions of Seditious Conspiracy involving events of that day. Under US law Sedition is a crime or violence or intended violence related to a coup attempt.
"18 USC §2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both."
Yes, based on a casual reading of the 14th Amendment of the US Constitution and viewing a recent recording of Trump stating that if he was President again he would "throw out" the US Constitution, he very much should be blocked from being listed on any state's ballot and also totally barred from ever again holding any elected office, even that of dog catcher.
And yet not a single firearm was found on a Trump supporter at The Capitol that day. Anyone calling the events of that day an 'insurrection' is just deluding themselves.>
<Smipped>
Trump is 100% right when he says it is election interference.
_______________________________________________________________
Total BS. There have been prosecutions and convictions of people who carried firearms and other weapons onto the Capital Grounds on January 5. Also there have been numerous convictions of Seditious Conspiracy involving events of that day. Under US law Sedition is a crime or violence or intended violence related to a coup attempt.
"18 USC §2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both."
Yes, based on a casual reading of the 14th Amendment of the US Constitution and viewing a recent recording of Trump stating that if he was President again he would "throw out" the US Constitution, he very much should be blocked from being listed on any state's ballot and also totally barred from ever again holding any elected office, even that of dog catcher.
But given how we've seen how the Democrats and the security state apparatus has used J6 to greatly expand power and strip the rights of citizens, it looks more and more like it was an orchestrated event for those very reasons. It's like what happened post 9/11 with the Patriot Act and attacks on civil liberties, primarily against Muslims. Only this time the security state has declared war on roughly half the nation. Dangerous times. And shame on absolutely everyone who refuses to call it out for exactly what it is. You are complicit. It's not too late to stand for what's right. This is a crucible moment in history. It's a choice if you want to hate your fellow Americans, your neighbors, your co-workers, your friends, your family members. It's a choice to do that. It's a choice to bow down in the face of blatant tyranny and weaponization of state power. It's not how the founding fathers acted, as they kicked the occupiers the hell out and forged their own destiny. It's not that attitude. But it's a choice nonetheless. You get to choose now where to stand. I suggest you choose very wisely. Life doesn't do re-runs.
Aren't you from Ireland...
What do you actually know about what is going on in the US...the crap you choose to read on bogus youtube sites is not a reflection of the the USA...you are getting a sample of the psychotic conspiracy theorists...grifters seeking money from the ignorant...not what the majority of US citizens thinks/represents...
You sound off your rocker...get out much?
And if you think the Proud Boys or the Oathkeepers are nice young men...you truly need help...racist misogynistic pieces of shit...no respect for their brand of their delusional sense of "justice"...they are criminals...pure and simple...
Talk more shit why don't you...
Every single person who stepped over the police barricades on January 6 knew they were commuting a criminal offense. Every single person who hit, shoved, sprayed or kicked one of the police assigned to guard the Capital knew they were engaging in a violent illegal act of insurrection. The speed of prosecution has been limited by available court time and schedules. Although almost a thousand have entered the legal system, Federal authorities still have over 300 not yet served warrants for folks on the run in hiding. Luckily in America once a warrant is issued the statute of limitations ceases to exist. Any warrant issued inside the statute of limitations remains valid until the person is caught. The hunt continues and just like when we were hunting the SDS or Bin Laden a sizeable reward exists for locating some of the still not caught individuals.
We are in total agreement, if you want, that the great bulk of the people storming the Capital did not realize they were being used as sacrificial dupes by the 30 or so with actual knowledge and plans to use the demonstration as cover for a violent coup and attempt to disrupt the Constitutional process. The mere presence of vans full of firearms just across the state lines is proof (and was accepted as such by the court and trial participants) of violent intent. There were also individuals who placed explosives and were causght with explosive devices in their vehicles. I am actually kind of surprised the planners did not think of disrupting communications during the attack, but I will give them credit for possibly maybe thinking the publicity would be more helpful than blocking news of the Capital riot happening.
Lou, I doubt it. St. Petersburg is more probable.
"Lonnie Coffman of Alabama was found with multiple weapons in his vehicle and on his person. Coffman’s truck, which he had parked in the vicinity of the Capitol on the morning of Jan. 6, was packed with weaponry, including a handgun, a rifle and a shotgun, each loaded, according to court documents. In addition, the truck held hundreds of rounds of ammunition, several large-capacity ammunition feeding devices, a crossbow with bolts, machetes, camouflage smoke devices, a stun gun and 11 Molotov cocktails. When Coffman was detained, questioned and searched, police found two more handguns on his person. None of the weapons were registered, documents state. Coffman pleaded guilty and was sentenced in April to 46 months in prison followed by three years of supervised release.
Guy Reffitt of Texas was charged with bringing a handgun onto Capitol grounds. Court documents showed that Reffitt, reported to be a member of the Three Percenters militia group, told his family he brought his gun with him and that he and others "stormed the Capitol." A jury found Reffitt guilty of five felony charges in March, and he remains detained pending sentencing.
Christopher Michael Alberts of Maryland also brought his handgun onto Capitol grounds. An officer saw that Alberts had a gun on his hip and alerted fellow officers. When Alberts tried to flee, officers detained him and recovered the loaded handgun, along with a separate magazine. He has been indicted on ten felony counts."
These are just 3 people out of many, who have been indicted for carrying firearms at the Jan 6 insurrection.
Aren't you from Ireland...
What do you actually know about what is going on in the US...the crap you choose to read on bogus youtube sites is not a reflection of the the USA...you are getting a sample of the psychotic conspiracy theorists...grifters seeking money from the ignorant...not what the majority of US citizens thinks/represents...
You sound off your rocker...get out much?
And if you think the Proud Boys or the Oathkeepers are nice young men...you truly need help...racist misogynistic pieces of shit...no respect for their brand of their delusional sense of "justice"...they are criminals...pure and simple...
Talk more shit why don't you...
The lies and misinformation spread by right-wing supporters are starting to backfire spectacularly, soon they will be shamed into leaving CS for good, IMO.
No one in their right mind would support a criminal and con man to be President of the US of A.
The lies and misinformation spread by right-wing supporters are starting to backfire spectacularly, soon they will be shamed into leaving CS for good, IMO.
No one in their right mind would support a criminal and con man to be President of the US of A.
It doesn't stop there...the man is also financially supported by...you guessed it Putin...
Pure ignorance or just wanting to push his agenda...when the waters are murky...claim conspiracy...
Sorry...