• Jordan Lund@lemmy.one
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    10 months ago

    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.

    • KillAllPoorPeople@lemmy.world
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      10 months ago

      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.

      • Jordan Lund@lemmy.one
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        10 months ago

        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.