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.
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Comments (133)

Since I don't really wanna say so much more on the topic for a while, I'll repost it once more here at the beginning of page 3.

Well, I'll not go into the whys and I think it's sad but it is what it is.

Basically we are in the after era now, after Trump that is.
Hope it will not be so bad. I have my worries cos now your side (the "winners")
will set the stage. Don't expect too much freedom. Basically don't expact too much of anything, is my advice.

I can not imagine him back no. And if he do, he will most likely be assassinated so it's better he lose the upcoming 'election'- or is hindered somehow.
You know, when the forces against you is that huge sometimes it's better to let go.

With all that said- we will not forget what a great man he was and what he started: a hope for a change to the existing corrupt establishment that screw you, me and anybody in sight.
Somebdoy else will one day have to try and pick up where he left. And if that ever happens (not sure at all sadly) I hope more than half the nation actually will follow the wind of change. They smeared him cos of the threat to them he represented.
And you and many like you fell for it. A pity, but I think it's just as well to accept defeat now. Freedom lost. Prosperity lost too. Ordinary people lost. The winners are the protected classes. I ain't gonna list them but they have more wealth and power than most. And you let them win. It's over, I do believe that.
Welcome to nothing Chat. Some call it business as usual. But I can promise you 1984 has just started.

And good night from me Chat.
Someone call an ambulance...laugh rolling on the floor laughing laugh

It appears someone is having a psychotic episode...of grandiose proportions...transport
The threat of 1984...just about spit my coffee out...flex

crazy

I hear the birds chirping again and the sigh of relief from onlookers that the circus has pulled up its stakes...
redclown

cartwheel

Putin must be upset...foiled again...grin

Goodbye Proud Boys...your boxing are over...


wine
lou

Your typical respectless self as usual I see.
You don't even know that the proud boys are not really a violent extreme far right group, at all.
Can you show me their violence? They stand their ground to Antifa (who are violent) that's true.
I guess the Canadian government knows something more than you do...

laugh
Well this section must be about what it will be like if tRump gets in again.
What are you saying here?
If he gets in- you wanna know what happens? I can tell you...
As I said above the ordinary people will suffer even more than last time when he was in charge as any protection which he didn't remove last time will go so his supporters will get more money in at the cost of the working class.
Hehe.
Okay, if you say so.

beer

I gotta move on I suppose. For the record, I think the opposite.
But I'll be short sweet and polite now mister and just walk on.
You look like a friendly man. I bet we would find common ground in real life.

Ciao
Since a total war between the US/NATO vs Russia would only last about 20 minutes before Russia ceased to exist, I don't see a probable need to postpone a US election although of course as the population of some areas had declined some Congressional dvoting districts would probaly need to be redrawn. I would expect after that brief conflict Spring Valley, NY and Dutchess County or Orange Cty, NY to have more congressional importance than the former Bronx or Manhattan voting districts. Beyond those changes and re=shuffling of the Electoral College membership there wouldn't be too much problem in holding a new election.

Even if the war you propose was non nuclear given the abysmally poor performance witnessed in Ukraine and the sorry state of Russian readiness and almost total lack or Russian air defense anywhere except around Putin's residence, I would expect most of that to be over in a week or two with only mopping up remaining as a task. We already (I was peripherally involved and met some of the Soviet soldiers in the group) gave the Soviet Army Marshal Akhromeyev (and friends) a tour of the Pentagon's War Room (NMCC) and a viewing (literally) of every asset the then very strong USSR had (including the Secret ones they thought no one outside the USSR military or Central Committee knew about). General Akhromeyev and Gorbachev were not fools and they were instantly aware the USSR would totally lose in either a nuclear or non-nuclear conflict. The USSR dissolved shortly afterwards. The USSR back then was far stronger and more prepared than Russia is today. Russia under Putin designed new weapons systems, but didn't bother to actually produce those machines in quantity. Having 10 of the world's best tanks is useless when 5 of them have already been destroyed in combat and everything else is old and rotting USSR equipment and you are facing literally thousands of much newer more advanced weapons. The USSR had a trained, experienced, large, army bolstered by Warsaw Pact forces that no longer exist. Putin shifted it to a pathetic army of untrained conscripts with rusty equipment and placed political hacks in charge of key positions as the older generals who knew what they were doing got old and died. NATO would roll South from Finland and capture St. Petersburg (currently not really defended by anything but border guards and police) while other units would drive to Moscow and do landings around Vladivostok. We'd probably also give Ukraine the green light they keep asking for to take out Rostov. No need to bother seizing the oil fields. We would just give them and the land around them to China (or India, whichever) as a peace offering. If any remnants of Russia's army or command was hiding there, they would deal with them. Would any of that 2 week campaign disrupt US elections? No.
I say I am a Republican because when I was 18 and registering to vote I was asked to pick a political party. Different paries have different Primary days they can vote on. I read the published platforms of several and picked Republican. It has no more meaning than what day I can vote in a primary. All parties can vote on a general election day or a Presidential election day. There is no requirement to be loyal to a party or to make donations, although all parties hope everyone donates money to them. Dream on guys.

Trump's deposition in the NY tax evasion case has been released. What it contains is so damning NYS has filed a petition for the judge to rule at once saying no further evidence or testimony is needed and the state seeks an immediate fining of guilty. Weirdly Trump's own attorneys arrived at the same conclusion and filed a petition for a finding of not guilty without further trial. You can watch videos of the deposition or read a transcript of it online. Trump does his best to throw Eric under the bus, but in my opinion fails. We shall see if the judge agrees with me or Trump's attorneys.

It is not stealing an election if the man's name does not even appear on the ballot. The US Constitution is the Supreme Law of the US, so I don't expect a lawsuit complaining a state followed it will get much traction in a US Couurt.

Noting with some amusement watching excerpts from Russian TV 1 that Russia believes getting notorious liar Tucker Carlsosn to interview Putin will both convince the world Putin is a good guy and also ensure their man Trump will get back into the White House. I think we are seeing a dark tower phenomena where the people are so holed up and isolated in their tower that they have no real conception or understanding of events going on around the tower Opium fueled fantasies are viewed by them as realities. They also believe and say that any day now they will destroy and capture Kiev and go on to conquer Berlin and Paris. They are very funny clowns and it must be very sad for the Russian people that everything the clowns say on Russian Federal Television was pre approved by someone up high in the Kremlin.
Do you have Trump on direct call connect...laugh

You had no idea of Trump's proposal of eliminating food stamps...and also you claim such nonsense as knowing the inside machinations of the Proud Boys...too funny...laugh

Then claim 1984 scenario on the masses regarding Trump's current legal dilemmas...

roll eyes
Ken...

Most people know Trump is a grifter...or opportunist...no surprise he tried to blame his son for his shady dealings...

The Proud Boys will suffer the same ill effects...Trump will let them rot just like his lawyers...including Giuliani...as the only way out for them is a Presidential pardon...looks like that dream has shattered...

A lesson to be learned...

Unfortunately, many honest working people that provided a service for his companies got screwed over...like the contractors involved in his Atlanta Casino endeavor...too long to list other victims...but you get my point...
No tear will be shed for him or his band of charlatans...

Grifter extraordinaire...wow
You don't get much of what I'm saying lou. But it's ok.
He is fading as a current thing I would say.
I wonder how history will treat him eventually.

On the 1984 is not what they do to him I have in mind.
It's how the world will gradually turn into going forward
if we willingly give up on all Trump stood for.
Welcoming what the elites want for us- which only gain them.
It's the future I'm worried about lou. Trump is finished as far as I'm concerned, as president.
Cos they'll do another 2020 in 24 if need be. No way he can win now. I'm willing to bet money on that.

In 2016 I was considering to put 1000 dollars on him for the win when the odds was 1 : 33.
I know he would beat all republican competition, but was not sure if he could take down Hillary. But he did.
Would have won again in 2020 if they had not by coinsidence stop counting at 1AM... +++
When I saw only 5 swing states counted late I understood it was stolen.
But that is history now. What is worrying is that no Republican seem to worry about future voter froud. So I conclude Trump can not return next year. And that is another step in the wrong direction. Before 4 years is gone I expect the mood in America to be pretty depressed. Much worse than today. And then lou... the 1984 stuff will for real start to get into effect, to quell the looming desperation.

Nite
Food stamps is very unimportant, and I'm sure it was baked in to some wider program- keep in mind he made jobs where Obama said that was bygonnes. arrite...that's one.
I knew about proud boys since their startup and what type of folks this is cos I been watching the Trump supporters longe enough to know they are adults in compareson to Antifa who even get funding to create havoc. So that one is dead in the water as well.
And the 1984 potential that should worry you too: cellphone survellance / ai - bank accout freeze and potentially locked out of society cos of political leanings should worry everybody. Basically a threat to a free society; free exchange of ideas and debate. I leave up to you to try figure out why such democratic processes and freedom of speach is something worth keeping.

Your thoughtlessness is starting to take up too much of my time right now... can you start thinking before speaking perhaps and be less unreasonable maybe? It's that stupid it's very close to not worthy of an answer, but there is some here who needs to see a rebuttal u see. If it was just u and me I'd be far gone down at the pub already.
Well not totally ofcourse but relatively speaking less importent,
when u see the crazy influx of illegals who take from the funds meant for Americans etc.


wave
worth pointing out, if the election was stolen as Trump supporters claim, and he is indeed the real President, then his seeking a 3trd term in 2024 would be illegal as the days of winning 3 terms in office ended with FD Roosevelt.
A point that Drumpf supporters always ignore, Being of German descent, he probably lacks the knowledge.
What funds would those be?
The imaginary funds...

An illegal would not qualify...so much for his logic...

For clarity...Orwell's book was a tale about...

Thematically, it centres on the consequences of totalitarianism, mass surveillance and repressive regimentation of people and behaviours within society. Orwell, a democratic socialist, modelled the authoritarian state in the novel on the Soviet Union in the era of Stalinism, and Nazi Germany.


wine
Ok, Riz being you wanna try cath me on words: funds? No I meant money.
Give more to immigrants who was smuggeled in, and less to the ones who is there from before.
U got the meaning but still wanna try win on a technicallity.
And that is how yous are dishonest.


O.P, sure but being he was denied that so he try now instead.
I think he should not (cos it's over) but let's watch hím lose again
and you guys dance around the wild fires.

Lou, have a nice weekend.
There is more to life than trying beating down Trump supporters.
No...just having a laugh...

Trump hires illegal aliens...then f*ck them over...

Have a wonderful weekend...

wine
I have not heard of any money that is allocated and used for legal immigrants being used for illegal immigrants.

Not trying to win anything, just looking for clarity so I can understand why you support a criminal, especially as Trump is despised in Norway.

You are looking for shadows when the light is too dark to see any.
Ah, but he was not inaugurated for a second term. Would this stall proceedings for another day?
I'm not typically one to follow a trend.
I liked the guy since day one, but even more so when it became clear he did a much better job than I and many with me expected. He actually kept promises from his campiagn, can you believe that??! yay
Anyhowsers, criminal - no. The ones who accuse him are teh criminals (to put it short).
A smokescreen of thair own wrongdoings and as an added bonus- the smar is deasigned to keep him out of office so he no longer can try to make Ametica cleaner on behalf of the population. Basically you have misundertood who the criminals are Riz.

About the illegal immigrants, do they need to eat some food and have some shelter?
Who is supposed to pay that?
Can we send the bill to the Mexican cartels who sent them maybe?

gift
A few spelloes, but tired home from work you see. See if you can weed them out. handshake
I'm not typically one to follow a trend.
I liked the guy since day one, but even more so when it became clear he did a much better job than I and many with me expected. He actually kept promises from his campiagn, can you believe that??!
Anyhowsers, criminal - no. The ones who accuse him are the criminals (to put it short).
A smokescreen of their own wrongdoings and as an added bonus- the smear is designed to keep him out of office so he no longer can try to make America cleaner on behalf of the population. Basically you have misunderstood who the criminals are Riz.

About the illegal immigrants, do they need to eat some food and have some shelter?
Who is supposed to pay that?
Can we send the bill to the Mexican cartels who sent them maybe?

wave
Trump hires them...they eke out an existence from that...oh and when they don't have enough to eat...the food bank or churches usually can cover the need...it does not discriminate...you do not need ID...just your stomach...

wine
Well lou, I think it may not be such a bad thing to hire them morally speaking. Better than handouts I suppose. Thing is, we... talking as If I'm there..(lol..I know)- but we have similar in Europe ...we need as few as possible through the holes in the wall and more through the entry points in my view.
Wouldn't it be better if you had politicians that actually get along with each other Ken ? US politicians just try to sue the arse off one another..

Maybe worth trying to get away from the 2 main party political system, here in NZ we a MMP system which gives room for smaller political parties like the Greens or the tree huggers...
Exactly... and if the tree huggers one day vote
for cutting down a few too many trees we will hear about it = democracy at play! (people-rule)
The tree huggers here are just as insane as the rest of the politicians, poisoning our forests with 1080 to get rid of possums and rats;; their as mad as a shithouse.. laugh
I am tempted to say NO. The 20th Amendment tells us the new term of office begins at noon (EST) of January 20. Article II, Section 1 tells us there is an oath of office the President must say before an appropriate official. NOTHING in the US Constitution requires an inaugural ceremony. That is just a dog & pony show polititians like to do. Make speeches, shake hands, then get drunk at a wild party after hours acompanied by only best dancing girls and lots of alcohol. Simple tradition nothing more. When LBJ became President on an airplane high in the sky it was all done very privately. Notice in the photos the tears streaming down Jacqueline Kennedy's face as the man her husband despised took her husbands job, then turned around asked her, her clothes still wet with her husband's blood, if she could have her things out of the White House by the end of the week as Lady Byrd snickered. I think she is lucky they didn't just throw her from the plane and claim, overtaken with grief, she opened a door and jumped. Too many photographers I guess.
Trump took the required Oath of Office in 2016. Nothing in the US Constitution requires it be done during each and every consecutive term of office. .
Was Trump able to physically perform the duties? No. Okay then. Under the Constitution the Congress (then headed by Nancy Pelosi) gets to pick the next President. Luckily they had already decided who their man was. J. Biden.
So if Trump did win, he already had his second term. Now if he suddenly said he was lying all along, and the election was a fair one that Biden won, then of course he could run again. But that would mean telling all his supporters he duped them and they were and still are total idiots for believing his claims about a stolen election were true. Does Trump have the courage to do that? Would those same idiots still vote for him? He should try that so we can find out.
I hear what you're saying about the ceremony.

I hear what you're saying about the 'dancing girls', which if true, demonstrates how steeped in misoyny this institution is.

However, had Trump been allowed to continue his office without being voted in, he would have. The only reason he wasn't capable of executing the duties of the office for a second term was because he wasn't allowed to. That negates your argument that Pelosi could pick the next president due to incapacity.

Finally, if Trump admitted that he lied about election fraud in a bid to overturn the election, he'd fall foul of Section 3 of the 14th Amendment.

Had he genuinely won the 2020 election, but been unlawfully deprived of executing his duties of office, I suspect that the debate would be between whether he could run again and whether he should be reinstated by default with no election necessary. It would then be Biden et al who would be measured against the 14th in the interests of establishing whether he knowingly and unlawfully took office.

As there is no evidence of widespread election fraud in the 2020 election (unless you count Republican lead gerrymandering and other Republican lead underhand methods of disenfranchising voters like disallowing social housing government issued ID impacting poor voters and voters of colour the most), then all of this is moot.

If Trump has done anything for the US, it is in highighting both the fragility and robustness of the democratic system. In the wake of George Floyd's murder there started a paradigm shift which currently involves legally challenging the kind gerrymandering that the likes of DeSantis are still attempting to get away with. It both addresses some of the racial discrimination in the democratic process as well as addressing the deliberately managed skew in favour of the Republicans, thereby plugging some of the the leaky holes of unfairness, inequality and fragility.
When I lived in DC I was privileged to attend several inauguration day (and election day) parties. What goes on in them greatly depends on who the host is. Normally there are 4 or 5 different hosts at different celebrations. The winning candidate usually bounces around from party building to party building. There will be one at their pary headquarters. Another at their campaign headquarters. Major supporters will host one too and the winning candidate will usually visit at least one of those more private affairs. Then there are the consolation parties for the loser. Those sometimes emerge a day or three later and those in attendance may sometimes see a very drunk former candidate being cheered up by someone hired to make that person happy so he can run again. I won't try to imitate Jack Anderson and provide sleazy gossip, but will say not all the parties I stuck my head in were clean wholesome events suitable for G rated television.

The right of the Speaker of the House of Congress to select a new President kicks in when the President is incapable of performing their duties. Presumably for any reason. Did the Founding Fathers anticipate not being allowed to? Probably not. LoL

You are absolutely correct that the 14th Amendment should kick in on either Biden or Trump depending on if there was or was not a conspiracy to interfere with a Constitutional process. Both men have pointed fingers at each other. The system will decide which one spoke truth.

It is nothing worth losing sleep over, except of course for the side that lied.

professor
Ych a Fi! as we say in Wales.

Ohne worte, as my mother would say.

Nice point (in the original sense of the word nice) and I concede. How delicious.

There surely has to be a conspiracy on one side, or the other. The 14th kicking in would be if Biden, or Trump had knowledge, or were a party to it.

Certainly some people will be subject to the 14th.

I hear Lindsey Graham, Mike Flynn, David Perdue, Kelly Leoffler and 17 others have been recommended for indictment by a grand jury.
Ken you Yanks may want to take a leaf out of Russian politics mate, the Russian politicians in their top house can't take bribes, donations or payment from any major international or domestic companies..

You avoided the restructure of your govt like it is covid Ken, face it you Yanks have major bribe problems in your govt..
Taking bribes is against the rules by default, ergo, anyone can take a bribe.
The clock keeps ticking. In the news tonight I see:
Colorado secretary of state calls Trump a ‘liar,’ vows to see ballot lawsuit through

Link:


Reader comment from Mike:

"Trump said come, and they came to Washington DC.
Trump said march on the Capital, and they marched on the Capital.
Without Trump the insurrection would never have taken place."


Reader comment from Edmund:
"He also said, "remove the mags (metal detectors) they're not here to hurt me". So he also knew they were armed..."
Mark Meadows has lost his motion to be transferred to a federal court on his RICO charges, rather than be tried in a Georgia State court.

Judge Steve Jones denied the application on the grounds that Meadows was not working within his remit as former Chief of Staff when he contributed to the unconstitutional attempt to overturn the 2020 election.

During 4/5 hours of questioning, Meadows also appears to have purjured himself denying any involvement despite email and text evidence indicating the contrary.

It means he won't have the protections of the federal court that could dismiss his case on the grounds that he was acting within his role of office, he hasn't helped his upcoming case in Georgia because he's already provided some dodgy testimony and finally, with this ruling it's extraordinarily unlikely that Trump could file a successful motion to have his RICO cased transferred to a federal court, either.

Of course, neither could be pardoned by the president in a state court case.
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ken_20

ken_20

Shenandoah Valley, Virginia, USA

Reasonable looking guy. A little nerdy and good with tools . Fond of buying old broken things and fixing them for resale or use. Everything from microwaves and farm tractors to AK type rifles. Sometimes controversial and well known to many. Not scare [read more]