• anticolonialist@lemmy.world
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    8 months ago

    Like I’ve said for months. The means of enforcement for sec 3 is early defined in section 5. But all those that called me a bot or paid by Russia thought they knew netter

    • Kidplayer_666@lemm.ee
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      8 months ago

      It’s as simple as: “was he sentenced of insurrection by a court?” No. Then he can’t be kicked off the ballot. Should he be sentenced of insurrection? Another matter altogether (yes, he probably should). Besides, constitutionally there’s nothing that blocks him from running for President even if condemned if I’m not mistaken

      • kbin_space_program@kbin.run
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        8 months ago

        Not charged by a court, the US Supreme Court has the opinion that it exclusively has to be Congress to charge him with insurrection.

        • Funderpants @lemmy.ca
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          8 months ago

          Which is an insane position to take given how highly partisan congress is, to the point that denying the insurrection even took place is a common everyday occurrence in Trumps party.

          So we’ve learned that all it takes to do an insurrection is to have a party that supports it with just enough power to prevent congress acting.

          • Kidplayer_666@lemm.ee
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            8 months ago

            It is a reasonable decision given what the law says, which is all that should matter to a court. No goddamn “spirit of the law” should be invoked, otherwise you enter the realm of the arbitrary. Now, the issue is that the system that should ensure perpetual creative destruction in order to bring out the best and most willing individuals to power has failed to do so, which is the problem we should be focusing on, instead of trying to override reasonable laws in order to prevent this or that lunatic from getting this or that seat

            • Ensign_Crab@lemmy.world
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              8 months ago

              It is a reasonable decision given what the law says, which is all that should matter to a court. No goddamn “spirit of the law” should be invoked, otherwise you enter the realm of the arbitrary.

              This is the same court that abandoned standing entirely so they could rule in favor of a bigoted website designer. That ship has sailed.

            • quindraco@lemm.ee
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              8 months ago

              It is a reasonable decision given what the law says, which is all that should matter to a court.

              There is no way to reconcile this decision, which contradicts the law, as “reasonable” with “what the law says”.

        • MegaUltraChicken@lemmy.world
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          8 months ago

          Yeah he was already found to have participated in insurrection by Colorado’s courts as a finding of fact. If the standard was that it has to be proven in court they’ve already done that.

        • BeautifulMind ♾️@lemmy.world
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          8 months ago

          During his impeachment trials, the GOP argued that impeachments are not a criminal proceeding, they are a political one- so they acquitted on politics saying that this is for the courts to decide. Now that the matter is in the courts, they argue it’s for congress only, not the courts.

          With a justice system like this one, who needs torches and pitchforks? /s

          • Asafum@feddit.nl
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            8 months ago

            Exactly as intended.

            A loop of “he’s not accountable no matter how you try. I’ll just make up reasons why you can’t do it even if it contradicts what I previously said.”

        • Kidplayer_666@lemm.ee
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          8 months ago

          Which is a reasonable take, given the law, which is what should matter to a court

          • Telorand@reddthat.com
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            8 months ago

            The law, specifically the Constitution, states that no person shall be allowed to hold office who has participated in insurrection. Trump was found to have committed insurrection as a matter of fact by the Colorado Supreme Court.

            So the law is not in his favor, and it’s yet another example of SCOTUS carving out exceptions for Conservatives using tortured logic. Our ancestors who fought in the Civil War would be ashamed.