How cool is this ?

[dweller]

First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, super- sedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participa- tion or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted over- throw of the 2020 presidential election.

🤔

https://www.democraticunderground.com/100218170753

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[BSdetect]

1. If this proves to be as accurate as you say then bravo.

[dweller]

2. You can download it

from the link I provided …


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[BSdetect]

5. What I meant was if we can find the way to actually apply the law.

Why have we not done so yet?

[brooklynite]

9. Because nobody is prepared to have criminal accusations adjudicated by election officials.

Too many people here seem to start from "we know he's guilty" and go from there.

[republianmushroom]

3. I like it

[captain queeg]

4. I hope someone throws this in TFG's face

Watch him squirm and various rethugs twist themselves in knots trying to deny it.

[brooklynite]

6. Predictions:

Jack Smith won't charge Trump with Insurrection

No election official is going to arbitrarily decided Trump is guilty of Insurrection.

No State is going to kick Trump off the 2024 ballot.

[Kid Berwyn]

7. And Ted Cruz, too...

…along with ALL his confederates in the Senate and House who went along with Trump’s treason.

Here’s a handy list to start the disqualification round-up:

The Republicans who voted to overturn the election

https://www.reuters.com/graphics/USA-TRUMP/LAWMAKERS/xegpbedzdvq/

[dweller]

8. from page 33

Tying together all of these different procedures and possibilities: consider briefly (and not-so-hypothetically) a violent insurrection on the seat of government, by a mob joined or given aid and comfort by various government officials, from a state representative or commissioner to a U.S. Senator to the President himself.110 From the moment of their participation in the insurrection, those officials would be legally ineligible to hold their offices, thanks to Section Three of the Fourteenth Amendment. How this would play out practically might vary across them. As the state official re- turned home, he would immediately be subject to state law procedures such as a quo warranto suit.111 He might be removed by such a suit,112 or might well choose to resign instead.113 The Senator might choose to brazen it out, counting on the difficulty in getting together a two-thirds vote to expel him. But if he sought re-election the Senate could and should exclude him by a mere majority vote. As for the hypothetical Presi- dent, by right he ought to be immediately subject to impeachment and conviction by Congress, and perhaps also a Twenty-fifth Amendment declaration by the Vice Pres- ident and supported by the cabinet. Even if those things did not happen, if he sought re-election, state election officials around the country would be bound by Section Three in deciding whether to put him on the ballot, even in the primary.

Really fun reading …


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[Kid Berwyn]

13. As pee-resident, Defendant acted to protect the conspiracy.

Televised trials would demonstrate how his accomplices in Congress do not deserve to serve. Let the People see who the rotters are. Pukes with their critical faculties will see how their votes will determine who should be writing the laws.

Defendant knew they would be the ones shepherding his coup through legislation. Any and every one if his confederates and co-conspirators should be held to account. Put them in bars and chains for a start. Prosecute them all.

[brooklynite]

10. So, abiding by a US law is now grounds for insurrection?

The Electoral Count act gives House and Senate members to approve or object to the electoral count certificates. How could objecting POSSIBLY be criminal?

[Kid Berwyn]

11. Well, seeing how their vote is an indicator of support for Trump.

They are supporters of insurrection and, thus, co-conspirators.

[William769]

12. K&R.