189
submitted 10 months ago by girlfreddy@lemmy.ca to c/news@lemmy.world

It took months before the first mention of Section 3 in a public document. Free Speech For People, a Massachusetts-based liberal nonprofit, sent letters to top election officials in all 50 states in June 2021, warning them not to place Trump on the ballot should he run again in 2024 because he had violated the provision.

None of them took action, part of a general silence in reaction to the group’s arguments.

“People were just treating it as something that was not serious,” recalled John Bonifaz, the group’s co-founder.

By January 2022, the group decided to test Section 3 in court.

Looking for a lower-level defendant, Sherman’s organization zeroed in on Couy Griffin. The subject of one of the earliest Jan. 6 prosecutions, Griffin already has a rich legal record. He was was recorded in a restricted area of the U.S. Capitol as head of a group called Cowboys for Trump. Griffin was convicted of illegally entering the Capitol, but acquitted of engaging in disorderly conduct.

He still served as a commissioner in a rural New Mexico county, which kept CREW’s attention on him. On Sept. 6, 2022, a New Mexico judge ordered Griffin removed from his position. It was the first time in more than 100 years an official had been removed under Section 3. Griffin has appealed to the Supreme Court.

you are viewing a single comment's thread
view the rest of the comments
[-] themeatbridge@lemmy.world 47 points 10 months ago

That's not a question. The authors of the amendment unambiguously stated that they also meant rhe President. President Andrew Jackson, president at the time the 14th Amendment was ratified, explicitly referred to himself as either the “chief executive officer of the United States” or “chief civil executive officer of the United States.” He was referred to as the same during his impeachment.

Antonin Scalia also wrote in an opinion in 2014 that the President was an officer of the United States.

It's a bad faith argument with no merit. Of course, that doesn't mean the court won't agree with it, because the current SCOTUS is illegitimate and fully corrupt.

[-] HandBreadedTools@lemmy.world 5 points 10 months ago

Andrew Jackson was president like 20 years before the civil war my guy. Ulysses S. Grant was president when the 14th Amendment was ratified in 1868. I'm not really sure how you thought otherwise. Regardless, your other point about his reference to himself as an officer is irrelevant anyways because that's not what determines him to be an officer of the court.

The actual reason is that when the 14th Amendment was being signed, the specific question of "why does it not mention president" was asked nearly verbatim. One of the writers of the Amendment, who I'm forgetting the name of, replied to them by asking them to read over the part where it says "any officer". We know this because we have the minutes from that day, we have the transcription as it was recorded by hand at the time.

A federal court already determined Trump to have engaged in insurrection. By all accounts, he should be barred from running.

[-] themeatbridge@lemmy.world 2 points 10 months ago

You're right, my mistake, it was Andrew Johnson. Grant was president by the time the amendmnt was fully ratified.

[-] HandBreadedTools@lemmy.world 1 points 10 months ago

You originally said "at the time the 14th Amendment was ratified". But fair enough, I suppose. I understand what you mean.

[-] themeatbridge@lemmy.world 2 points 10 months ago

You're right, I definitely was wrong. I also called him Jackson, so clearly I'm not a reliable source of accurate historical information.

[-] TWeaK@lemm.ee 3 points 10 months ago

Yeah the current SCOTUS could be expected to twist the words any which way. Hopefully not, but it wouldn't be out of character.

this post was submitted on 05 Feb 2024
189 points (95.7% liked)

News

23530 readers
4386 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago
MODERATORS