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Could Trump be barred under the constitution’s ‘engaged in insurrection’ clause?
The Guardian ^

Posted on 08/21/2023 8:10:44 AM PDT by Tench_Coxe

As Donald Trump fights a mountain of criminal charges, a separate battle over his eligibility to run for president in 2024 is fast emerging.

The US constitution sets out just a handful of explicit requirements someone must meet to be the president. They must be at least 35 years old, a “natural-born” citizen, and a United States resident for at least 14 years. The constitution also bars someone who has served as president for two full terms from running again.

None of those requirements disqualify Trump, or anyone else charged with a crime, from running for federal office.

But one provision in the constitution, section 3 of the 14th amendment, makes things more complicated. It says that no person who has taken an oath “as an officer of the United States” can hold office if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”.

(snip)

Disqualification under the 14th amendment does not require a criminal conviction, Noah Bookbinder, the executive director of the watchdog group Citizens for Responsibility and Ethics in Washington (Crew), said in an interview earlier this month. The push to disqualify Trump is likely to play out at the state level in parallel to both the federal and state cases criminally charging Trump and allies in connection with their efforts to overturn the election. The left-leaning group Free Speech for People has already sent letters to election officials in 10 states urging them to declare Trump ineligible to run for office under the 14th amendment. Crew is also preparing to file litigation in several states to disqualify Trump from the ballot, Bookbinder said.

(Excerpt) Read more at theguardian.com ...


TOPICS: Miscellaneous
KEYWORDS: commiebritpaper; donatedonaldtrump; donatetrump; electioninterference; guardian; samlevine; ukinterference
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This is what the Left is doing. Newsome is going to try a stunt in California along these lines.

Biden and the Uniparty might need those F15s and nukes if they do this.

Republicans in the primary, who don't quash this in the crib, deserve a red flag.

1 posted on 08/21/2023 8:10:44 AM PDT by Tench_Coxe
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To: Tench_Coxe

“The Grauniad”


2 posted on 08/21/2023 8:11:08 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: Tench_Coxe

Calling Jan 6 an “insurrection” is like calling Stacey Abrams “anemic”.


3 posted on 08/21/2023 8:12:39 AM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: Tench_Coxe

The economy sucks, children are being mutilated, open borders, crime through the roof, inflation seems to be ramping up again, gas prices close to $4 a gallon, brink of war......

.......BUT TRUMP!!!!


4 posted on 08/21/2023 8:13:02 AM PDT by mikelets456
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To: Tench_Coxe

Total purposeful misuse of the word insurrection.


5 posted on 08/21/2023 8:13:25 AM PDT by 1Old Pro
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To: Tench_Coxe

The Secretaries of State in the various states will try to keep Trump off the ballot.

It’s the same old game.

“Why we’ll just deny the people the ability to vote for Trump. And that way our guy will stay in power. We MUST do this...for Democracy!”


6 posted on 08/21/2023 8:13:34 AM PDT by cotton1706
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To: Tench_Coxe

More of the pernicious lawfare — dredge up a very old law that was created for an entirely different purpose and apply it selectively to Trump. The 14th Amendment was written to address the problem of people loyal to the Confederacy running for president. It has no bearing on the current situation. But that doesn’t ever stop the opportunistic and conniving leftists. They will go to any length to destroy Trump because he threatens their USSA project.


7 posted on 08/21/2023 8:14:36 AM PDT by ProtectOurFreedom (We are proles, they are nobility.)
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To: Tench_Coxe

It’s not, working, it’s not working, he’s getting stonger!


8 posted on 08/21/2023 8:15:00 AM PDT by cowboyusa (UA IS KING OF AMERICA! AMERICA FIRST! DEATH TO MARXISM AN GLOBALISM! Trump 2024, NO more Mr Nice)
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To: Tench_Coxe

No.


9 posted on 08/21/2023 8:15:56 AM PDT by Delta 21 (Sufferings are the guardrails on the road to Heaven.)
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To: mikelets456
In what world, reality, or dimension does the Left actually care about the issues you mentioned?

The Left is at war with the country in an effort to overthrow the current government. Getting rid of Trump would logically be job number one given that he is what stands between them and victory.

10 posted on 08/21/2023 8:17:42 AM PDT by RoosterRedux (A person who seeks the truth with a strong bias will never find it. He will only confirm his bias.)
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To: Tench_Coxe

Even Ray Charles could see they plan on preventing Trump from running, one way or the other.


11 posted on 08/21/2023 8:17:45 AM PDT by bigbob (Q)
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To: Tench_Coxe

12 posted on 08/21/2023 8:18:39 AM PDT by CodeToad (No Arm up! They have!)
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To: Tell It Right
Calling Jan 6 an “insurrection” is like calling Stacey Abrams “anemic”.

Except that's what the left has been calling it right from the start. Oh and so has the GOPe led by China Mitch:

“We all were here. We saw what happened. It was a violent insurrection for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election, from one administration to the next. That’s what it was.”
—Mitch McConnell February 8, 2022
The shocker is that Jack the Ripper Smith didn't charge President Trump with insurrection.
13 posted on 08/21/2023 8:27:44 AM PDT by Dahoser (I finally figured out what to call him: Fakephonyfraudident Biden.)
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To: Tench_Coxe

They want us out on the streets waiving guns. That’s not how it would happen. We learned a lot in Afghanistan and Iraq.


14 posted on 08/21/2023 8:28:05 AM PDT by McGavin999 ( A sense of humor is a sign of intelligence, leftists have no sense of humor, therefore………)
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To: Tench_Coxe

Disgusting. The “insurrection” came from the Left with all the fraud and gaslighting. It started the summer prior to the election with the riots and fires.


15 posted on 08/21/2023 8:28:26 AM PDT by madison10
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To: Tench_Coxe
Oh, for crying out loud !

THESE (pl) entire set of indictments ALL stem form one basic tenet;

President Trump is lying about BELIEVING the election was stolen and that he is constantly stating a Big Lie.

President doesn't believe the election was stolen, he (and all of us, too . . . )
KNOW it was stolen, thus there is No lie and no basis for the charges in all four "indictments"

16 posted on 08/21/2023 8:29:03 AM PDT by knarf (I say things that are true . . . I have no proof, but they're true.)
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To: Tench_Coxe

If they make challenging a crooked election a crime we will never have another fair election.


17 posted on 08/21/2023 8:31:22 AM PDT by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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“The Secretaries of State in the various states will try to keep Trump off the ballot.”


I imagine that will only be in states where he wasn’t going to win anyway.

But...didnt many states adopt the “electoral votes go to the popular vote winner” changes to their election rules? Does that go into effect this time around?


18 posted on 08/21/2023 8:32:18 AM PDT by Vermont Lt
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To: mikelets456

Because all of that is what they want. They want to ruin America as we know it and fall in line with a kind of dictatorship under the guise of being America as it should be.

Trump does not. He is not part of that.

And so:

.......BUT TRUMP!!!!


19 posted on 08/21/2023 8:34:48 AM PDT by Beowulf9
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To: McGavin999
"They want us out on the streets waiving guns. That’s not how it would happen."

I agree with that. It will probably look like a whack-a-mole.

Something tells me the quiet is people watching to see what happens with 2024.

20 posted on 08/21/2023 8:34:59 AM PDT by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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