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this post was submitted on 20 Dec 2023
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All good points in response to your question, but here's another: He attempted an insurrection, and is constitutionally prohibited from holding office. It's in the 14th amendment, article 3. He's legally prevented to be on the ballot, but laws like that only work if someone enforces it.
I really want his to be the case but, to a laymen like me, the GOPs counterargument that he’s never been convicted of inciting insurrection is compelling. At least with the mental gymnastics SCOTUS and the GOP use. That’s why the special counsel’s and Georgia indictments are paramount, and why Trump’s team is fighting tooth and nail to delay them until after the election.
The constitution doesn't say "convicted." In fact, it says anyone who has supported an insurrection, which wouldn't be a crime at all.
Trump did engage in insurrection, and gave aid and comfort in the form of verbal support and encouragement. That's not really in dispute. People have been convicted, and he supported them at a minimum.
Trump's last tweet of the day:
"These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!"
The Constitution mentions engaging in insurrection, not inciting. The district judge in Colorado rule as a finding of fact that he did engage in insurrection, and the state Supreme Court has upheld that decision. So it has been ruled upon in a court of law, twice.
They can cry about that all they want. That is not how the article lays out the disqualification.