• Telodzrum@lemmy.world
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    11 months ago

    No, and that is one of many real and legitimate issues with the legal theory of using the 14th Amendment to bar him from the Presidency.

      • Telodzrum@lemmy.world
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        11 months ago

        The silence as to convictions is certainly not by design, the drafters’ committee notes are clear on that much. Indeed, the jurisprudential history of Section 3 is one that requires such a finding.

    • LifeInMultipleChoice@lemmy.world
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      11 months ago

      Cases are seperate. A federal judge already ruled he was guilty of a insurrection. They stated that the removal of them from the ballot needed to go through the proper channels. Colorado’s supreme court (1 possible proper channel) then ruled he should not be on the ballot.

      Every state has control over their own elections but can be directed by the federal level. The federal case is moving forward, just slowly as per following all proper procedure and people fighting to slow it down.

      Same reason there is no criminal charges for fraud in NY at this time. He was found guilty in a civil court which showed the fraud existed, and made it so fraud charges should be an easy case in a criminal court.

      • Knock_Knock_Lemmy_In@lemmy.world
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        11 months ago

        A federal judge already ruled he was guilty of a insurrection.

        In the riot’s aftermath, the US House of Representatives impeached the then-president on a charge of “incitement of insurrection”.

        Had the US Senate voted to convict him, it would have had the option to take a second, simple-majority vote to bar him from ever serving in office again.

        But that never happened: the Senate failed to reach the two-thirds majority required to convict Mr Trump, so there was no second vote.

        Source

      • Telodzrum@lemmy.world
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        11 months ago

        Just as a polite heads up, this is basically all incorrect, with regard to legal procedure and process, at least as it applies to the topic being discussed here.