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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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The argument against it is going to be all about due process and how he hasn't been proven to have done that. If we argue that the accusation is enough, that's when they start trying to disqualify candidates left and right because accusations are cheap. Hell, they've already built a whole house of cards suggesting Biden has been essentially receiving foreign bribes routed through family members and their businesses.
And no, comparisons to CSA officers not being convicted of anything but still being disqualified aren't a good fit, because they were engaged in open rebellion. There was no question of fact whatsoever since they had you know, publicly held office in the rebel faction.
Trump calling an election protest rally is well within his 1A rights, and he wasn't openly calling for or leading the actual attack on the capitol. Which will be the whole crux of his fight against being disqualified on constitutional grounds unless tried and convicted.
Yeah, I see Republicans make that argument a lot. I'm glad the judges ruled that the January 6th Commission did follow due process and found it credible that Trump engaged in an insurrection. Of course, most Republicans live within their own news bubbles and would never hear that.
When this inevitably hits SCOTUS, the question is going to surround due process and what standard needs to be met. Is "credible" enough?
Where does "credible" land on the scale of terms they usually use for this thing? Does it mean the odds he did the thing are better than half? Better than 75%? 90%? 99%? How much should be necessary (that last one is typical for criminal trials, the first one for civil)?
Is the House the body that should be deciding who is disqualified, and should they have to vote on that or should a committee investigation funding it likely be enough? Should the Senate have any say at all? The judiciary? Should it be up to states on a state by state basis to decide if and when 14A applies?
Remember, whatever answer gets arrived at will not be Trump-specific, and the GOP will definitely use and abuse that standard against Dem candidates.