Is Trump legally qualified to be a presidential candidate?
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Re: Is Trump legally qualified to be a presidential candidate?
So I suppose this topic is over then.
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- JimFoxvog
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Re: Is Trump legally qualified to be a presidential candidate?
As Trump was engaged in insurrection, it behooves Congress to act. I think they should have made that finding after the January 6 impeachment, when a majority of both Houses essentially agreed with that finding.
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Re: Is Trump legally qualified to be a presidential candidate?
I agree with you. But it's moot unless you can convince Mike Johnson to agree with you. Good luck with that. Trump is going to be on the 2024 ballot. If elected, he will become president.
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- Josh
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Re: Is Trump legally qualified to be a presidential candidate?
The legal standard is ⅔ of the Senate, which wasn't reached. Congress did act, but Trump was found innocent of the charges brought at impeachment.
If you don't like that, you'd need to change the Constitution.
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Re: Is Trump legally qualified to be a presidential candidate?
Or get a new ruling from the Supreme Court.
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Re: Is Trump legally qualified to be a presidential candidate?
What crimes has he been tried for and convicted and sentenced for at this point?
I find it interesting that sometime back I was reprimanded by you and Boot for calling the Biden Family a criminal (crime) family when they had not been tried and convicted for any crime. Yet is okay to call Trump a criminal When he hasn't been convicted either. LOL...I will refrain from saying what I think of that sort of hypocrisy.
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Re: Is Trump legally qualified to be a presidential candidate?
I definitely agree that Trump is eligible and will be on the ballot unless Congress acts. And that they are unlikely to.
Two details I disagree with ...
1. I could be wrong, but I don't Supreme Court said that impeachment was the only way Congress could disqualify someone, and it's not clear to me that they would need ⅔ of the Senate to make this decision. See the quote from the ruling below.
2. Trump was not "found innocent", he was acquitted of the charges. There's a significant difference.
For instance, Mitch Mcconnell said this:
Then he said this:There is no question that President Trump is practically and morally responsible for provoking the events of that day. The people who stormed this building believed they were acting on the wishes and instructions of their President.
And he also said that Trump:I believe the best constitutional reading shows that Article II, Section 4 exhausts the set of persons who can legitimately be impeached, tried, or convicted. The President, Vice President, and civil officers. We have no power to convict and disqualify a former officeholder who is now a private citizen.
I don't think that's the same thing as "found innocent". If Trump had been removed from office by the Senate, he would now be ineligible. I think the Supreme Court made room for Congress to make someone ineligible in other ways too, but it's a little vague.is still liable for everything he did while he was in office…as an ordinary citizen’
Here's the quote from the Supreme Court ruling in March:
Instead, it is Congress that has long given effect to Sec-
tion 3 with respect to would-be or existing federal office-
holders. Shortly after ratification of the Amendment, Con-
gress enacted the Enforcement Act of 1870. That Act
authorized federal district attorneys to bring civil actions in
federal court to remove anyone holding nonlegislative of-
fice—federal or state—in violation of Section 3, and made
holding or attempting to hold office in violation of Section 3
a federal crime. §§14, 15, 16 Stat. 143–144 (repealed, 35
Stat. 1153–1154, 62 Stat. 992–993). In the years following
ratification, the House and Senate exercised their unique
powers under Article I to adjudicate challenges contending
that certain prospective or sitting Members could not take
or retain their seats due to Section 3. See Art. I, §5, cls. 1,
2; 1 A. Hinds, Precedents of the House of Representatives
§§459–463, pp. 470–486 (1907). And the Confiscation Act
of 1862, which predated Section 3, effectively provided an
additional procedure for enforcing disqualification. That
law made engaging in insurrection or rebellion, among
other acts, a federal crime punishable by disqualification
from holding office under the United States. See §§2, 3, 12
Stat. 590. A successor to those provisions remains on the
books today. See 18 U. S. C. §2383.
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Re: Is Trump legally qualified to be a presidential candidate?
No more stare decisis, then? Just keep bringing lawsuits until you get the verdict you want?Bootstrap wrote: ↑Sat May 04, 2024 9:29 amOr get a new ruling from the Supreme Court.
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Re: Is Trump legally qualified to be a presidential candidate?
It ain't gonna happen, regardless. A new lawsuit on this same topic probably wouldn't make it to the Supreme Court.
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