If Biden says Trump did nothing wrong, Biden himself can use the same playbook (but execute it more effectively) to retain power regardless of electoral outcome. Thus the Supreme Court has to keep Trump off the ballots. Checkmate deplorables.
Cuban thinks that will make centrists more inclined to vote for Biden by creating separation from what he thinks is a left-wing clownshow to try and remove Trump from ballots.
I do wish that right after the election Biden would come out and agree with Trump that the elections were fraudulent and he has instructed Kamala to not certify the results. He will continue to run the government until this has all been sorted out or new elections have been held.
That doesn’t make any sense. If he is an insurrectionist then he can’t be president so he can’t be on any ballot. It’s not like random states can put an 18 year old on the ballot if it pleases them.
The main precedent of a non-Confederate barred from office is Victor Berger. After his conviction under the Espionage Act was overturned, he won again and was allowed to serve.
It would be unsurprising for SCOTUS to rule that you have to at least be convicted of something, or have some sort of finding by a legislative body, before being removed from a ballot.
Fine. Let states can go by their own rules about whether someone who doesn’t meet qualifications can appear on their primary ballot. SCOTUS will rule on his eligibility when the time comes. That way, people won’t know if they’re wasting their vote on Trump because it may be ruled he can’t serve even if he wins the primary. I think I like that better. Maybe just the threat that SCOTUS COULD rule he’s ineligible is better than having them actually rule on it
I don’t see anything in the 14th amendment Section 3 that requires a conviction. If that was the intention of the authors, they would have written it as such, no? There is clearly room for the Supreme Court to make that determination themselves.
I still think people are underestimating the likelihood that the Supreme Court decides to disqualify Trump. These people love power and they love legacy. Obviously they could get killed by a mob of angry MAGA but YOLO.
The intention of the authors was to ban Confederate. They sloppily didn’t write with the intention of giving clear instructions for future insurrections because they lacked vision. The Constitution is a crap document with a lot of vague bullshit.
The more I think about it, I think they are likely to hold that the determination of insurrectionist must be done by some sort of federal body, either a court or a Congressional committee and that the second impeachment will be taken as evidence that he is not an insurrectionist because Congress turned down the opportunity to definitively say he is. And it could be 9-0 because that’s how my inner lawbro wants to rule.
The Constitution doesn’t say he has to be convicted of insurrection. The originalists need to put up or shut up. How are you going to wait for a conviction when there’s a separate argument of Presidential immunity? I don’t think they will keep Trump off the ballot, but I think they will likely use the same excuse used in the original case, that the President is not included among the federal officials that this amendment covers. Or something like that.