this post was submitted on 03 Sep 2023
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Democratic Sen. Tim Kaine of Virginia on Sunday said that he believes a strong legal argument can be made to use the 14th Amendment to remove former President Donald Trump from the ballot in 2024, citing Trump's actions related to the Jan. 6 attack on the U.S. Capitol.

Shortly after Jan. 6, Trump was impeached by the House of Representatives for inciting an insurrection amid his push to overturn his election loss, with 10 Republicans and all Democrats voting to impeach him.

He denied any wrongdoing, and while seven members of his own party joined Democrats to support his conviction, he was ultimately acquitted by the Senate.

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[–] FlyingSquid@lemmy.world 54 points 1 year ago (35 children)

I want to preface this by saying I think he is absolutely guilty and should suffer the maximum consequences for it. BUT- I do not like the precedent of not allowing someone on the ballot if they have been indicted but not found guilty or innocent yet. This could apply to all sorts of politicians that people want to conveniently get out of the way. I think it's a bad idea.

Now- when, and I am certain it will be a when at this point, he is found guilty, please do bar him from office.

[–] obvs@talk.macstack.net 11 points 1 year ago* (last edited 1 year ago) (4 children)

It's not a precedent. The entire reason Amendment 14 is there is because they needed something broad after the Civil War happened. They needed wording that would apply to all of the people who had been on the other side in the Civil War even without convictions. Applying the same standard to Trump is just treating him like they treated all of the people in the past who were elected officials who took up arms against the country or gave aid and comfort to those who did.

[–] FlyingSquid@lemmy.world -1 points 1 year ago (3 children)

What's to stop them from indicting a Democratic candidate for office, be it anything from president or senator to dog catcher in a red state and then using this to deny their candidacy as revenge for Trump if this happened? Because that's exactly what they would do. And do it as often as possible. If it doesn't matter if the indictment leads to a not guilty verdict, you can just indict them for some bullshit charge and not worry about the fact that you know they'll get off.

[–] obvs@talk.macstack.net 6 points 1 year ago (1 children)

Oh, well that's a great argument.

After all, we know that Republicans in power only misuse power if Democrats have used the same power previously.

[–] rambaroo@lemmy.world 0 points 1 year ago* (last edited 1 year ago) (1 children)

You can't just say nebulous shit like this. You're advocating for stripping people of the right to run for office on the basis of an accusation. That is some draconian bs that should not be allowed to happen in any country that values liberty. It's clearly ripe for abuse. Have some self awareness.

[–] obvs@talk.macstack.net 2 points 1 year ago

WE ALL SAW HIM DO IT.

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