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submitted 1 year ago* (last edited 1 year ago) by MicroWave@lemmy.world to c/politics@lemmy.world

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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[-] lolcatnip@reddthat.com 38 points 1 year ago

I'm sick of articles saying things like "a case could be made". Just fucking do it already. Someone needs to start suing to to get Trump off the ballot and not just talk about it.

actually...a lot of people need to do something. which is the purpose behind talking about it first. getting support and consensus for possibly making a case can lead to cases actually being made. it's not like on TV where the district attourney of america walks up to the judge of america and convicts him. educating people why there are arguments and convincing them they are powerful don't happen overnight.

[-] fubo@lemmy.world 12 points 1 year ago* (last edited 1 year ago)

A lawsuit isn't required, if the state election officials do the right thing.

An insurrectionist is an ineligible candidate for US president, just like a non-citizen or someone who's not 35 yet. The states merely need to follow that existing law, just as they would do if a teenager named Pierre from Paris filed to run for US president. They wouldn't have to be sued to say no; and Pierre wouldn't have to be convicted of anything — they'd just say no, he's not eligible, he doesn't get listed on the ballot.

Trump is not eligible, just as Pierre is not eligible. Trump's ineligibility rests on his own actions rather than his age or nationality. But all of those are (dis)qualifications spelled out in the Constitution; they're not civil or criminal penalties from a court. It's the job of election officials to enforce them, and a lawsuit only makes sense if they fail to do their job correctly in the first place.

[-] lolcatnip@reddthat.com 1 points 1 year ago

I suppose a lawsuit isn't required until the appropriate election official announces a decision, but Trump & co will definitely contest it if he's not going to be on the ballot, and I really hope someone will contest it if he is.

[-] CharlesDarwin@lemmy.world 2 points 1 year ago

So much this. It feels like 2015-2016 all over again and I'm so sick of it already.

[-] WarmSoda@lemm.ee 33 points 1 year ago

I think declaring that if he's reelected he would lock up his political enemies should be automatic disqualification.

[-] DoctorTYVM@lemmy.world 7 points 1 year ago

Not to the American voter it's not

i hate to say it...and i am not implying the intent matches reality but this is...sort of...the intent of the electoral college.

[-] TokenBoomer@lemmy.world 10 points 1 year ago

I don’t think Republican voters care.

[-] GiddyGap@lemm.ee 6 points 1 year ago

Doesn't matter. Trump's SCOTUS would never interpret it like that.

[-] DiatomeceousGirth@lemmy.world 3 points 1 year ago

For real. You could have the best argument in the world, and Thomas etc al will just say, "No"

[-] Wilibus@lemmy.world 6 points 1 year ago

https://www.politico.com/news/2022/12/05/trump-terminate-constitution-00072230

Shouldn't this be enough? He quite literally claims the constitution needs to be terminated.

[-] reverendsteveii@lemm.ee 3 points 1 year ago

I mean, its the literal text of the constitution, plain as day. Watching people in "shall not be infringed" t shirts try to backpedal is gonna be fun, but they're conservatives so they'll figure out a way the law doesn't apply to them just like how they carve out an exception for their pornographic bibles in the obscenity laws they write.

[-] Zorque@kbin.social 4 points 1 year ago

I mean, they're perfectly willing to ignore parts of the constitution *cough*well-regulated*cough*

[-] reverendsteveii@lemm.ee 3 points 1 year ago

Once again, just like the Bible

[-] watson387@sopuli.xyz 1 points 1 year ago

Republicans will fight it tooth and nail. They don’t actually care about the law unless they can manipulate it to benefit them in some way.

[-] Nougat@kbin.social 3 points 1 year ago

Let them fight it; it is their right to do so, in the courts. That is where legal disputes are adjudicated. It would be appropriate for courts, if so requested, to determine as a finding of fact, whether the Jan 6 invasion of the US Capitol for the purposes of preventing legal federal business is an "insurrection" (NM already decided that it was), and whether the actions of a given person rise to the level of "participation," or "giving aid or comfort to the enemies of the United States."

The answers to the above are ones that it would be good for the judicial system to rule on, no matter what answer(s) come out of such hearings. The sooner we get to that point, the better.

[-] ganksy@lemmy.world 2 points 1 year ago

That's true but in this case, the republicans in power would like nothing more than to have him gone. The best way that could play out for them is this but blame the Democrats for it after it's done.

this post was submitted on 03 Sep 2023
259 points (95.8% liked)

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