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Basic Constitutional Law
(lemmy.world)
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this post was submitted on 23 Dec 2023
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I'm a little out of the loop, serious question, was he ever actually convicted of organizing an insurrection?
Edit: I'm not an American but apparently asking questions makes you "the enemy" over there. Jesus Christ your country is fucked.
There's no requirement that he was previously convicted of insurrection - that's a separate charge and carries a higher bar. The constitution only requires that the court concludes as part of this case that he was involved in an insurrection. And there's a wealth of evidence showing that he was so the courts will almost certainly come to that conclusion.
Are you arguing that the judges who concluded he organized an insurrection did so in error? None of the confederates who asked their that disability be removed by vote argued that they didn't need to do so because they had not been so convicted.
There is a process for deciding if criminal behavior happened, it's called a conviction. We've seen judges make mistakes assessing the reality of criminal behavior all the time in Civil Asset Forfeiture cases where the standard of conviction isn't required.
Because those confederate involvement in the Confederacy was a matter of public record. If we had fought a war against a military force Trump had organized, and that force surrendered; then we wouldn't need a conviction.
The insurrection and Trumps role in it is a matter of public record. He doesn't dispute the facts of the case he just disagrees with whether his actions are illegal and what the consequences are. The judge's disagree.
Out of the loop my ass