this post was submitted on 06 Jan 2024
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Missouri Secretary of State Jay Ashcroft said that while he didn’t want to do it, he had to remind people of how “severe” the situation is.

A top Republican official in Missouri is threatening to remove President Joe Biden from appearing on the ballot as retaliation for the determination in two other states that Donald Trump doesn't qualify because he "engaged in insurrection."

"What has happened in Colorado & Maine is disgraceful & undermines our republic," Missouri Secretary of State Jay Ashcroft wrote on the social media site X on Friday. "While I expect the Supreme Court to overturn this, if not, Secretaries of State will step in & ensure the new legal standard for @realDonaldTrump applies equally to @JoeBiden!"

Ashcroft's post came shortly after the Supreme Court agreed to review a decision by Colorado's high court that found Trump could be barred from the state's primary ballot because of his actions leading up to the Jan. 6, 2021, attack on the U.S. Capitol.

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[–] Kolanaki@yiffit.net 92 points 10 months ago* (last edited 10 months ago) (3 children)

While I expect the Supreme Court to overturn this, if not, Secretaries of State will step in & ensure the new legal standard for @realDonaldTrump applies equally to @JoeBiden!

If it applies equally to both, Biden shouldn't be taken off since he hasn't been found guilty of sedition ya dipshit.

[–] Furedadmins@lemmy.world 39 points 10 months ago

Because he didn't engage in, not found guilty of.

[–] Moira_Mayhem@lemmy.world 21 points 10 months ago

There is no republican politician that isn't a hypocrite. It's their main super power and has served them well for decades.

The only solution to this is to dissolve the republicunt party and bar everyone involved from holding public office as seditionists.

[–] EatATaco@lemm.ee 7 points 10 months ago (6 children)

Trump hasn't been found guilty of sedition either.

Yes, I'm prepared for the down votes from a bunch of idiots who hate reality.

[–] PorradaVFR@lemmy.world 41 points 10 months ago (2 children)

Article 14 doesn’t stipulate guilt, just engaging in which the Colorado court determined he did. His removal is the result of due process. So if they can show in court that Biden did the same then sure…but they cannot.

Not the same, purely partisan BS.

[–] EatATaco@lemm.ee -2 points 10 months ago (1 children)

Article 14 doesn’t stipulate guilt,

Nor did I say it did.

[–] PorradaVFR@lemmy.world 11 points 10 months ago (2 children)

No, but you said Trump has not been found guilty which is not required for him to be precluded from running for office. It’s an artificial bar some are trying to set unsupported by the text in the Constitution.

In any rational timeline SCOTUS would agree but with these justices who knows.

[–] quo@feddit.uk 11 points 10 months ago (1 children)

He was responding to another poster who said not being found guilty should make Biden immune to being taken off.

That's the context in which that was said, and you're ignoring that context. There's a big difference between saying it's also true of trump, for consistencies sake, and someone bringing it up out of the blue to advocate for trump.

You either have poor reading comprehension or you are responding in bad faith.

[–] PorradaVFR@lemmy.world 1 points 10 months ago

I understood it perfectly - my point which applies to both comments is that nothing in the 14th stipulates or indeed even mentions conviction, it does specifically exclude insurrection which applies, as determined by the Colorado court, solely to Trump.

The original response was flawed in its premise, agreed, but the guilt angle is Constitutionally irrelevant regardless - that was my point.

[–] Kolanaki@yiffit.net 13 points 10 months ago* (last edited 10 months ago) (1 children)

Trump hasn't been found guilty of sedition either.

Not in a court of law; but given all the evidence you have to be willfully ignorant to believe he isn't guilty of it and wouldn't receive a conviction if/when there actually is a trial.

[–] EatATaco@lemm.ee 1 points 10 months ago (1 children)

I think he's guilty of it. But we shouldn't be talking about guilt because it's not part of the amendment.

[–] Kolanaki@yiffit.net 1 points 10 months ago* (last edited 10 months ago) (1 children)

But we shouldn't be talking about guilt because it's not part of the amendment

That's just being pedantic. What's a better word to use to say "he fucking did it?"

[–] douglasg14b@lemmy.world 5 points 10 months ago* (last edited 10 months ago) (1 children)

.... Did you really just dismiss something that relies, literally, on pedantry, as a system of understanding, for being.... Pedantic?

Guilt isn't part of the amendment, just engaging in sedition is enough, not being found guilty of it.

Guilty being the operative word, which has legal definitions, feel free to ignore/dismiss actual meanings of words for convenience but that is an odd stance to be taking if you aren't a MAGA? (I've interacted with you before, and you're better than that which is why I'm confused)

[–] Kolanaki@yiffit.net 3 points 10 months ago

Guilt isn't part of the amendment, just engaging in sedition is enough, not being found guilty of it.

He engaged in it. Another way to say that is he is guilty of it. I didn't say he was convicted. So the question still stands: Do you have a better word that means "he fucking did it" that isn't "guilty?" Because this isn't a court room and we're not lawyers. Reasonable people understood what I meant.

[–] Tbird83ii@lemmy.dbzer0.com 9 points 10 months ago* (last edited 10 months ago) (1 children)

Correct. Trump hasn't been found guilty of sedition. He has been found guilty of insurrection by the Colorado supreme Court. He also hasn't been criminally convicted of insurrection, because this isn't a criminal case.

Sedition and insurrection are different, and parts of different laws. Criminal and civil guilt are also different mechanisms of our laws, but the 14th amendment doesn't state someone needs to have a criminal conviction to be considered ineligible for office.

[–] EatATaco@lemm.ee 2 points 10 months ago

He has been found guilty of insurrection by the Colorado supreme Court.

An interesting thing I hadn't thought about. Thanks.

[–] KredeSeraf@lemmy.world 8 points 10 months ago

You're not wrong. However by the text of the Constitution a guilty verdict isn't required to invalidate candidacy.

[–] agamemnonymous@sh.itjust.works 4 points 10 months ago

Technically that is true. However, he was impeached for incitement of insurrection by the House of Representatives. The majority of the Senate then voted to remove him after impeachment, but not the 2/3s majority required.

So no, not "found guilty of sedition". But he was impeached for inciting insurrection.

[–] RampantParanoia2365@lemmy.world 2 points 10 months ago (2 children)

So what, you're suggesting the reality is it was staged? Because we all observed reality with our real eyes in real time.