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this post was submitted on 05 Oct 2023
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He is disqualified due to the 14th amendment.
They don't care.
Also, specific to the role of Speaker, he’s disqualified due to having been indicted of felonies with a term of more than two years.
Technically that's just a GOP rule... and we know what their reaction is to things like that...
He shoild be, but so far the courts so far have disagreed, and the SCOTUS declined to hear the case until more lower courts have ruled. Until he's convicted, it's unlikely that he will be pre-emptively disqualified from holding office.
The Constitution does not state the individual has to be convicted. They only had to aid in any way, shape, or form an insurrection, which he did.
I agree with you, but so far the courts have not. Remember that the courts consist of judges who may or may not have allegiances or prejudices that influence their reading of the constitution. So while we can agree we both think Trump should be disqualified by the letter of the law, we cannot know for sure that he will be disqualified. If he is convicted of seditious conspiracy, then the pathway becomes much clearer.
If he's convicted on almost ANY of those 91 indictments on his shoulders, he's basically eligible for the rest of his life in prison. There's A LOT of serious charges there. I want to say most carry a 10 year minimum on the low end and 20+ on the high. So... changes are he isn't getting away with anything here imo.
Except not all of those charges disqualify him from holding office, and there's nothing preventing him from running from prison. Then what happens next? What if he wins? It's not really that far fetched to imagine. I agree, I think it's unlikely, but I didn't think it was likely Hillary would shit the bed in 2016, either. So here we are.
but you're making a big assumption that the middle of the road folks out there are going to vote for dude in prison which just isn't going to happen
Anyone that voted for Trump twice is nowhere near the middle of the road. It's alarming how many of them exist, but that's our reality. You're making a big assumption that Trump voters will suddenly be reasonable despite all evidence to the contrary.
There's always a grey area
Yeah, but it's not always as wrinkly as it should be.
A conviction would generally be seen as what establishes the fact that the person has done that act.
Which is probably for the best. I'd remind you that plenty of Americans right now would say that Biden has committed treason of some kind, so it's probably a good thing that there's a formal legal process for this.
It’s not clear just yet that the law applies to him, in general.
My State of Colorado doesn't care about the court, we are going to ban him from the ballot.
Fuckin a!