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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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To: Tench_Coxe

The Civil War was an insurrection.


21 posted on 08/21/2023 8:37:00 AM PDT by AU72
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To: Tench_Coxe

With the democrats in charge of the senate and the WH not much left of the constitution.


22 posted on 08/21/2023 8:37:08 AM PDT by Vaduz (....)
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To: Tench_Coxe

1. No subsequent Amendment can completely nullify the original clauses. Some cases have never been litigated like the 16th and 17th Amendments.
2. Trump was POTUS on January 6, 2021. He announced his speech. He has full and unqualified immunity. The proper venue for charges of “insurrection” against the POTUS is impeachment.
3. Insurrection involves removing the current executive from office and replacing that officer. Trump, as POTUS, cannot (and obviously DID NOT) remove himself. Trump did not strongarm Trump out of office.


23 posted on 08/21/2023 8:37:22 AM PDT by Cletus.D.Yokel (Cracker...)
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To: knarf

Yes and Trump engineered these indictments to bring forth the irrefutable proof that the election was stolen and to wake the public up.

So what could be considered “irrefutable” evidence? Evidence that would make all 4 indictments go away? Evidence no one could disclaim? The military. The military has the evidence and at some point Trump will roll it out.

Raise your hand if you believe Donald Trump would ever sign on for a prison sentence. Not freaking likely. These cases will never even play out. They are just a vehicle to deliver the goods.


24 posted on 08/21/2023 8:38:20 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Tench_Coxe

That clause only applies to former Confederates in the post Civil War era.

Nice try, RAT a$$holes.


25 posted on 08/21/2023 8:38:21 AM PDT by july4thfreedomfoundation (Disband and Defund the putrid FBI. America does not need an out of control Gestapo)
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To: Tench_Coxe

I don’t care what they try to do. I will write in Trump if he isn’t on the balllot. I will vote dozens of times like democrats do. Screw the left to the wall.


26 posted on 08/21/2023 8:39:34 AM PDT by bk1000 (Banned from Breitbart)
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To: Tench_Coxe
Is there any way President Trump can win in '24?

More and more cards stacked against him.

I pray for him every day. He needs our prayers.

27 posted on 08/21/2023 8:40:42 AM PDT by Churchillspirit (Pray for President Trump)
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To: Georgia Girl 2

Thank you, I appreciate your reply.


28 posted on 08/21/2023 8:40:53 AM PDT by knarf (I say things that are true . . . I have no proof, but they're true.)
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To: knarf; All

Believing it or not is irrelevant, whether it’s true or not is also irrelevant! He had the right to say it! Just like Gore & minions said W was not elected but installed therefore illegitimate. Back then the Rat crowd even had their lawyers contacting and try to subvert sworn W electors. Hellary said there was cheating and did so for 4 years. Hungry hungry Hippo Stacy Abrams is still saying she’s the legitimate Georgia governor. Not one of these people faced legal peril for their actions and statements and neither should they! There’s something called free speech! You’re free to say smart, correct and or stupid things, it doesn’t matter!


29 posted on 08/21/2023 8:41:12 AM PDT by Reily (!!)
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To: Tench_Coxe
Newsome got locked out of a LOT of things because the pyramid dwellers see in their crystals that he is NOT the anointed one and must actually sit down, shut up and pretend to be the coifed guv'nuh.

Mama Gaia has spoken with a rare, once a century warning.

The pyramid crystal dwellers dare not violate their religion . . . the planet is at stake.

30 posted on 08/21/2023 8:44:06 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
Something tells me the quiet is people watching to see what happens with 2024.

People will take no more action after the non-Trump candidate "wins" in 2024.
31 posted on 08/21/2023 8:45:03 AM PDT by TexasGunLover
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To: Dahoser

Every indictment is flawed.


32 posted on 08/21/2023 8:45:40 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

Fair election ain’t fair anymore


33 posted on 08/21/2023 8:45:54 AM PDT by no-to-illegals (The enemy has US surrounded. May God have mercy on them.)
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To: Tench_Coxe

There was no insurrection, so theres that.... even the FBI reports as such. The President himself urged calm and mentioned that we should be the party of law and order.

Pelosi failed to provide the order, purposely.... lets hang her.


34 posted on 08/21/2023 8:46:58 AM PDT by MrRelevant
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To: Tench_Coxe

No but Biden could.


35 posted on 08/21/2023 8:48:21 AM PDT by fruser1
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To: TexasGunLover

Get prepared for the likelihood that there will not be a 2024 election. None of the candidates are really even campaigning. Especially Trump and Biden. What does that tell you?


36 posted on 08/21/2023 8:49:12 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Tench_Coxe

Ridiculous.
The DemoNaziCommies keep lying, smearing Trump, and trying to reverse history.

Goebbels would be so proud of his progeny


37 posted on 08/21/2023 8:49:30 AM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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To: Tench_Coxe

Section 3, Article 14 specifically omits the President and Vice President. It bans insurrectionists from being Electors for the President or Vice President. Also the position of the Presidency has never been considered an “office under the United States”.


38 posted on 08/21/2023 8:51:18 AM PDT by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
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To: Tench_Coxe

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”.

This is a stretch. By agreeing with the people that were there, and not actually phsically participating in the act, he doesn’t fall under this rule as written as he didn’t engage in the insurrection. I’m sure anyone on this board at some time or another thought that the sitting administration needs to be removed and has openly said it. He gave no aid or comforted them other than agreeing with them and didn’t use anything to promote their actions other than say to use restraint in what they were appearing to start to do by not breaking the law. If that’s the case, then those people on these boards or anywhere else where they think the government was wrong are just as guilty as Trump. 14th amendment. The SCOTUS will have to wade in.

wy69


39 posted on 08/21/2023 8:53:08 AM PDT by whitney69
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To: july4thfreedomfoundation

Their purpose isn’t necessarily to prevent former President from getting on the ballot of eleven states, or more. Their purpose is to make his campaign spend the time and resources fighting his suspension from the ballot in these states


40 posted on 08/21/2023 8:53:44 AM PDT by batazoid (Plainclothes cop at Capital during Jan 6 riot...)
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