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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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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.