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[-] HawlSera@lemm.ee 36 points 3 days ago* (last edited 3 days ago)

If we were following the law to the letter, well....

Aren't traitors to the United States meant to be executed?

For the record this is not a call to violence, I am not suggesting, command, inferring, or anyway implying that someone should harm anyone, but doesn't the law literally say that insurrectionists are to be hanged?

[-] charonn0@lemmy.world 23 points 3 days ago

Treason carries a potential death sentence, or not less than 5 years imprisonment. Treason is also very narrowly defined by the Constitution, and what Trump did probably wouldn't satisfy the strict legal definition. He is guilty of seditious conspiracy and/or insurrection, which are not punishable by death.

[-] DarkDarkHouse 101 points 4 days ago

Trump is not eligible to be president. He’s been legally found by a Colorado court to have engaged in insurrection and the 14th amendment now bars him from the office of president. It’s legally very clear. Will it be enforced? Will the constitution be subverted by the Supreme? Tune in for the last season of America: Democracy!

[-] WoahWoah@lemmy.world 6 points 3 days ago* (last edited 3 days ago)

It is legally very clear, but not in the way you're hoping. The Supreme Court ruled—unanimously I would add—that individual states do not have the authority to invoke Section 3 of the 14th Amendment to disqualify a candidate from federal office. That power lies solely with Congress, which is probably a good thing or we'd have conservative-controlled courts in red states declaring every Democratic presidential nominee ineligible every election cycle.

While the Court left open the possibility for Congress to act, there is currently no legislation addressing this issue. For Congress to disqualify a candidate under Section 3, they would first need to pass a law, which would require 60 votes in the Senate to avoid a filibuster and a simple majority in the House. Only then could they decide the specific voting threshold for disqualification. In reality, this is highly unlikely to happen.

In the extraordinarily improbable event that Trump wins but somehow Democrats secure a majority in the House and simultaneously expand to 60 Senate seats—or, in an even more bizarre scenario, they hold only 50 seats, abolish the filibuster, and have Vice President Harris cast the tie-breaking vote to disqualify the candidate who defeated her—they could theoretically draft, pass, and enact such legislation. They could then invoke it to disqualify Trump before his inauguration. With a 17-day window between the seating of the new Congress and the president’s swearing-in, this scenario is technically possible, but politically fantastical.

Such an unlikely scenario, like a 269-269 tie in the Electoral College, would absolutely ignite a political crisis and likely a stochastic civil war in the United States.

Sadly, the fact is, none of that will happen, and Trump appears to now have a slight edge in the electoral college (he's currently about 6% more likely to win the EC than Harris according to Silver's model), it's quite possible, leaning towards probable, that Trump will win the election, get rid of most of the lawsuits against him, purge and/or dissolve several federal agencies, install loyalists at all levels of the government, and begin his deportation and vengeance tour with a bought-and-paid-for SCOTUS knocking down any attempts to stop him.

Sorry to be a bummer.

[-] Scolding7300@lemmy.world 6 points 3 days ago

I thought the supreme court cleared his way (not that I think it's right, just legally speaking)

It I recall correctly, it was more of a punt. They said it needed to be litigated after the election because the constitution bans insurrectionists from office, not running or some bullshit. Fuck the god kings

[-] HawlSera@lemm.ee 9 points 3 days ago

Hillary was right, her losing meant fucking the courts

Absolutely. And the courts are going to fuck us worse than Hilary could have imagined unless the Dems finally take court reform seriously. Which I’m not hopeful for.

[-] HawlSera@lemm.ee 2 points 3 days ago

No this is pretty much the last chance we all have

[-] lionheat@lemmy.world 1 points 3 days ago

The only way to unfuck the courts is to give Dems both houses and presidency.

Yes, that is the first step. But we’ve had that bad Biden didn’t even try to get serious about the courts until like two months ago. Anyone with half a brain knew that the fedsoc six were going to fuck us all.

[-] GhostFaceSkrilla@lemmy.world 7 points 4 days ago* (last edited 4 days ago)

Kleptocratic Kakistocracy

[-] SwordInStone@lemmy.world 4 points 3 days ago

America: "Democracy"

[-] WoahWoah@lemmy.world -1 points 3 days ago

You know Harris's declining probability of winning is sinking in when we're hoping the courts will defy the long sequence of continuous nothing they've done so far and will suddenly declare Trump ineligible.

If wishes were fishes, we'd all cast nets.

[-] explodicle@sh.itjust.works 3 points 3 days ago

I'd wish for it even if she had a 100% chance.

[-] WoahWoah@lemmy.world 1 points 3 days ago

Yeah, I know what you mean. But wishing won't get us very far.

[-] Soulg@sh.itjust.works 0 points 2 days ago

What world do you live in that her chances are declining

[-] WoahWoah@lemmy.world 1 points 2 days ago* (last edited 2 days ago)

The one where major polling aggregators have shown her chances of winning slowly slipping for about a month. Nate Silver's model now shows Trump's probability of winning about 8% higher than Harris. See the blue line slowly going down, crossing beneath the red line? Blue line go down = bad. Which world do you live in?

[-] Myxomatosis@lemmy.world 115 points 4 days ago

America is a shithole country for allowing this to happen.

[-] Kbobabob@lemmy.world 24 points 4 days ago

As if this is the only reason....

[-] Myxomatosis@lemmy.world 6 points 4 days ago

You’re not wrong.

[-] WrenFeathers@lemmy.world 15 points 3 days ago

We don’t get to live in the ‘what should-be’ reality. We have to live in the ‘what is’ reality.

[-] WoahWoah@lemmy.world 6 points 3 days ago

Yeah, I mean, what's the point of "remembering" this. He is eligible, and he appears to be winning. That ship has sailed.

[-] crawancon@lemm.ee 56 points 4 days ago* (last edited 4 days ago)

I agree but whaddawegonnadoo

¯\(ツ)

[-] ton618@lemm.ee 33 points 4 days ago
[-] errer@lemmy.world 15 points 4 days ago

Storm the capitol! Wait…

[-] explodicle@sh.itjust.works 3 points 3 days ago

If we did it, they'd shoot us.

[-] zipzoopaboop@lemmynsfw.com 1 points 3 days ago

Too bad it didn't happen in France

[-] AlbinoPython@lemmy.world 12 points 4 days ago
[-] crawancon@lemm.ee 6 points 4 days ago

I was just gonna vote but I think your option is quicker. let's do this one.

[-] rickdg@lemmy.world 45 points 4 days ago

At the very least, we come to these elections knowing already that half the country believes that democracy is and should be a joke. No surprises here.

[-] SassyRamen@lemmy.world 16 points 4 days ago

After seeing these traitorous fuck faces run laps on us, I'm starting to think it is too.

[-] ThePyroPython@lemmy.world 27 points 4 days ago

Don't you think he looks tired?

Yeah, it's a sad, grumpy old dude.

[-] smeenz@lemmy.nz 2 points 4 days ago

If only that would work in the US

[-] curiousaur@reddthat.com 3 points 3 days ago

That's why they went for the supreme court first.

[-] Sam_Bass@lemmy.world 9 points 4 days ago

they say 3rd times the charm hinthint

[-] CondensedPossum@lemmy.world 2 points 4 days ago

so funny when the slave colonies talk about "legality" and "eligibility"

hey how many copies of The Mueller Report do you guys use to prop up your bedframes

do you guys think it was bad to threaten mike pence or are you still confused about the definition of "hanging chads"

[-] aphlamingphoenix@lemm.ee 5 points 4 days ago

Well I don't know that I'd call Mike Pence a chad...

[-] jagged_circle@feddit.nl -3 points 4 days ago

Remember that he lost the election the first time around and was never a president, anyway

this post was submitted on 22 Oct 2024
915 points (98.3% liked)

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