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this post was submitted on 30 Oct 2023
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That Supreme Court decision will be the embarrassment of our generation. Even though the constitution says nothing about a conviction, they’ll say that without a conviction he won’t reach the threshold of “insurrection.” Or maybe they’ll conveniently redefine the word insurrection. Or maybe they’ll say he didn’t technically “engage.” The possibilities are endless if you decide the verdict first and work your way back creating a legal justification.
That's actually the easiest argument there to counter. None of the politicians & officers of the Confederacy were convicted for insurrection, yet they were still barred from office.
"None of the members of Congress that gave aid or comfort to the participants of the Nov 6th riots have been barred from holding office, so it must not have been an insurrection." - Justice Thomas probably
It's the fact that we haven't held any of our elected officials accountable for their actions and words that will bite us in the ass.
"We haven't held anyone to account for their crimes so we cannot hold someone to account for their crimes"
Yep. Stupid as fuck, but little pink houses for you and me
chippity chop
What would prevent them from arguing that was improper, and thus invalid?
The fact that they don't even have to argue. They don't have to justify their decisions to anyone, really, since there's no oversight.
The same thing that prevents the Executive Branch from ignoring their rulings.
If they are going to play Calvinball, Biden should take a page from Andrew Jackson ask them how they plan on enforcing any of that.
I think that would be terribly dangerous for Thomas' continued freedom, with all the light being shined upon the bribes he's taken. He's still a Federal Officer & beholden to those laws despite his recent mouth-noises to the contrary.
A bayonet in their face probably
https://www.c-span.org/video/?507774-1/president-trump-video-statement-capitol-protesters
"We love you. You're very special."
Could still say he was not convicted of giving aid or comfort. Seems obvious he did, but without a trial not sure it would count. Although that would be an interesting trial as they track down the funding of these groups and how they are interconnected. Probably reveal some interesting players behind the scenes.
Conviction is not a prerequisite.
It doesn’t explicitly require one, but that’s what the Supreme Court could argue to strike it down. While you and I can say it’s obvious based on what happened, I’d rather have a conviction to take someone off the ballot, otherwise it would be exploitable.
There is precedent. Many Confederates were excluded from holding office, even removed from office, based on 14AS3, without convictions of any kind.
Didn’t know! Interesting many “were understood to be” disqualified. Most without trial, but they also didn’t attempt to run under that understanding.
https://www.citizensforethics.org/reports-investigations/crew-reports/past-14th-amendment-disqualifications/
It is only a relevant precedent if it was challenged and brought to the Supreme Court. Otherwise, it is merely untested.
"The Founders never intended for a President to be barred from running again due to formenting insurrection via Social Media, because Social Media hadn't been invented yet."
Wild to think we don’t already have a dozen points of embarrassment of our generation
“I’ll take the shadow docket for $400, Alex”