Colorado Secretary of State Jena Griswold (D) called former President Trump a “liar,” after he suggested a recent push to use the 14th Amendment to keep him off the ballot in the state was “electio…
The Constitution has places where the word “conviction” is used, e.g. impeachment and treason. If the founders wanted to make the requirement a conviction of insurrection or rebellion, they could have done so, but they chose not to. To me, this seems like a political question and should be kicked to the legislatures to deal with.
And taking a comment from your other post,
But let’s focus on convicting him first so there’s absolutely zero question on barring him from office.
So, if this is a political question, a conviction of any crime, even ones labeled as insurrection or rebellion, would still not bar him from office.
Convicting him for insurrection or rebellion would bar him from office under the 14th Amendment, the problem here being none of his charges are for insurrection or rebellion. :(
One count of conspiracy to defraud the United States:
Applies to Trump’s repeated and widespread efforts to spread false claims about the November 2020 election while knowing they were not true and for allegedly attempting to illegally discount legitimate votes all with the goal of overturning the 2020 election, prosecutors claim in the indictment.
One count of conspiracy to obstruct an official proceeding:
Was brought due to the alleged organized planning by Trump and his allies to disrupt the electoral vote’s certification in January 2021.
One count of obstruction of and attempt to obstruct an official proceeding:
Is tied to Trump and his co-conspirators’ alleged efforts after the November 2020 election until Jan. 7, 2021, to block the official certification proceeding in Congress.
One count of conspiracy against rights:
Refers to Trump and his co-conspirators alleged attempts to “oppress, threaten and intimidate” people in their right to vote in an election.
Convicting him for insurrection or rebellion would bar him from office under the 14th Amendment, the problem here being none of his charges are for insurrection or rebellion. :(
Says who? There is no enforcement mechanism in the Constitution. Unless a federal court rules otherwise, history shows this is most likely a political question. Thus, Congress is the sole authority on deciding who has taken part in insurrection or rebellion and can be disqualified based on the Fourteenth. Trump could be disqualified if Congress deems it to be the case he was an insurrectionist, a rebel, or aiding or gave comfort to an enemy.
And the current composition of Congress is not only going to refuse to say Trump is an insurrectionist, multiple members were complicit in the same action. They aren’t facing removal from office either.
The Constitution has places where the word “conviction” is used, e.g. impeachment and treason. If the founders wanted to make the requirement a conviction of insurrection or rebellion, they could have done so, but they chose not to. To me, this seems like a political question and should be kicked to the legislatures to deal with.
And taking a comment from your other post,
So, if this is a political question, a conviction of any crime, even ones labeled as insurrection or rebellion, would still not bar him from office.
Convicting him for insurrection or rebellion would bar him from office under the 14th Amendment, the problem here being none of his charges are for insurrection or rebellion. :(
https://www.npr.org/2023/08/01/1191493880/trump-january-6-charges-indictment-counts
One count of conspiracy to defraud the United States:
Applies to Trump’s repeated and widespread efforts to spread false claims about the November 2020 election while knowing they were not true and for allegedly attempting to illegally discount legitimate votes all with the goal of overturning the 2020 election, prosecutors claim in the indictment.
One count of conspiracy to obstruct an official proceeding:
Was brought due to the alleged organized planning by Trump and his allies to disrupt the electoral vote’s certification in January 2021.
One count of obstruction of and attempt to obstruct an official proceeding:
Is tied to Trump and his co-conspirators’ alleged efforts after the November 2020 election until Jan. 7, 2021, to block the official certification proceeding in Congress.
One count of conspiracy against rights:
Refers to Trump and his co-conspirators alleged attempts to “oppress, threaten and intimidate” people in their right to vote in an election.
Says who? There is no enforcement mechanism in the Constitution. Unless a federal court rules otherwise, history shows this is most likely a political question. Thus, Congress is the sole authority on deciding who has taken part in insurrection or rebellion and can be disqualified based on the Fourteenth. Trump could be disqualified if Congress deems it to be the case he was an insurrectionist, a rebel, or aiding or gave comfort to an enemy.
And the current composition of Congress is not only going to refuse to say Trump is an insurrectionist, multiple members were complicit in the same action. They aren’t facing removal from office either.