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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

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To: Tench_Coxe

“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...”

So, Joe Biden and the Dems engaged in insurrection by rigging the 2020 election and conspiring to prosecute ther victim for resisting their plot. According to Noah Bookbinder, no criminal conviction is necessary. So I call on ALL states to keep them off the ballot for 2024.


41 posted on 08/21/2023 8:56:39 AM PDT by Chewbarkah
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To: cotton1706

The Secretaries of State in the various states will try to keep Trump off the ballot.
It’s the same old game.


The states likely to keep Trump off of the ballot are states he wouldn’t likely win anyway. Republicans in those states could write his name in, just to show they exist.

Lincoln wasn’t on the ballot in most/all of the southern states in 1860. So this wouldn’t be the first time they did it.


42 posted on 08/21/2023 8:57:20 AM PDT by hanamizu ( )
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To: knarf
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.

Newsom has too much ambition for the Dems. He may go rogue for personal monetary gain and they have their hands full with Biden and Hunter. They need a Go Along With Our Plan and Don’t Make Waves candidate.

43 posted on 08/21/2023 9:02:24 AM PDT by CAluvdubya (<---Need to change my name to CAluvNV since I now live in NV. )
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To: knarf

...and the State would need to PROVE otherwise which is akin to declaring that they know what somebody was thinking.

Not possible.

And to say that a conviction isn’t necessary? Really? So due process doesn’t apply and you can just label somebody as an ‘insurrectionist’ making them ineligible to run for POTUS?

lol.


44 posted on 08/21/2023 9:03:26 AM PDT by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: 1Old Pro

Another example of the left bastardizing the language.


45 posted on 08/21/2023 9:04:06 AM PDT by lewislynn ( Trump accomplished more for America in one 4yr term than any President in your lifetime)
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To: 1Old Pro

“Total purposeful misuse of the word insurrection.”

Exactly. However, the left gets to define “insurrection” to fit the circumstance of their choice.


46 posted on 08/21/2023 9:07:32 AM PDT by Parley Baer
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To: Tench_Coxe

Any politician that gave financial aid or moral support to any bail fund that helped protestors in Seattle and Portland who were arrested at the Federal Court House or the autonomous zone or those in DC who were rioting at the White House can be considered to have given aid to insurrectionists. The protesters at these locations made clear they were in favor of overthrowing the government and those at the Federal Court House in Seattle or the White House in DC were actively attacking Federal property and personnel.


47 posted on 08/21/2023 9:07:36 AM PDT by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
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To: Tench_Coxe

It has never been established that any insurrection took place on January 6, 2021. A mob was gathered, but except for one unarmed person being killed, and a number of windows broken, it was probably one of the most “peaceful” demonstrations in any major US city in the previous three years.

Unlawful, was it? By what measure? What does “lawful” even MEAN in this context?


48 posted on 08/21/2023 9:07:48 AM PDT by alloysteel (Take back the rainbow. Its use by LGBTQ is cultural misappropriation.)
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To: Delta 21

Bannon on The War Room had Dershowitz on and he explained exactly why this cannot constitutionally be done this morning. It’s not up yet on RAV but there is always a link to his show segments later on.


49 posted on 08/21/2023 9:18:28 AM PDT by lilypad
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To: Tench_Coxe

No. Next.


50 posted on 08/21/2023 9:22:54 AM PDT by FLT-bird
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To: Tench_Coxe

What’s the big deal, obama is not the “official” president but he is clearly running things.


51 posted on 08/21/2023 9:24:14 AM PDT by New Perspective (As Leonard Cohen said once in an interview, “You won’t like what comes after America”)
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To: fuzzylogic

Exactly !


52 posted on 08/21/2023 9:29:55 AM PDT by knarf (I say things that are true . . . I have no proof, but they're true.)
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To: Vermont Lt

https://en.m.wikipedia.org/wiki/National_Popular_Vote_Interstate_Compact


53 posted on 08/21/2023 9:31:29 AM PDT by buckalfa (Gut feelings are your guardian angels)
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To: Tench_Coxe
As usual, Trump is on his back foot and getting punched.

Trump does NOT have to prove he won the election.

The prosecution MUST prove - beyond a reasonable doubt - that Trump LOST the election.

The prosecution cannot prove that.

How many ineligible voters cast a ballot?

Forever unknown.

How many ballots had no verifiable chain of custody?

Forever unknown.

Case closed.

54 posted on 08/21/2023 9:52:52 AM PDT by zeestephen (Trump "Lost" By 43,000 Votes - Spread Across Three States - GA, WI, AZ)
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To: Tell It Right

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

Corrected. Fat people can have low blood iron levels too.


55 posted on 08/21/2023 9:58:40 AM PDT by Wonder Warthog (NRA Life Member)
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To: Tench_Coxe

More masturbatory Leftist musings.


56 posted on 08/21/2023 10:01:52 AM PDT by rlmorel ("If you think tough men are dangerous, just wait until you see what weak men are capable of." JBP)
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To: Tench_Coxe

“Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Is the president an “officer of the United States”?

“Article II
Section 2 Powers
Clause 2 Advice and Consent
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

The Constitution has a list of “officers” of the United States. All of them are appointed, rather than elected, positions. Courts have always, to the best of my knowledge, treated “officers” as appointed rather than elected positions. Therefore, President Trump is not jurisdictionally impacted by this standard, even IF (and it’s a big if), he had engaged in the activities he’s been accused of.

Courts will adjudicate this. Whatever doesn’t kill him only makes him stronger.


57 posted on 08/21/2023 10:09:39 AM PDT by unlearner (RIP America. July 4, 1776 - December 13, 2022 . )
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To: Tench_Coxe

Can we finally admit the nasty, cynical awfulness of the 14th Amendment?


58 posted on 08/21/2023 10:44:48 AM PDT by Demiurge2 (Define your terms!)
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To: ProtectOurFreedom
The 14th amendment specifically targeted the politicians who had been in office before 1861 and then had supported the Confederacy, so that they couldn't hold office after the war (since many of them were winning elections during Reconstruction).

Unfortunately for Trump, section 3 is vague--it doesn't say that you have to be convicted of insurrection, only that someone "shall have engaged in insurrection or rebellion" against the United States.

But voters are not voting for the candidates--they are voting for electors pledged to a particular candidate.

59 posted on 08/21/2023 10:53:23 AM PDT by Verginius Rufus
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To: Tench_Coxe

I don’t think that Trump served with Robert E Lee or Stonewall Jackson, or was on Jefferson Davis cabinet.

Therefore, he is definitely eligible to run for President again!!


60 posted on 08/21/2023 10:53:27 AM PDT by Honorary Serb (Kosovo is Serbia! Free Srpska! Abolish ICTY!)
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