- cross-posted to:
- news@kbin.social
Read the full decision.
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The ballot disqualification part is cool and all, but isn’t the bigger deal a legal ruling saying yes it was obviously an insurrection and yes he obviously incited it?
This decision was about whether the whole “not being allowed on the ballot if you incite an insurrection” thing was intended to apply to the president, or just everyone else. That’s a weird discussion to have after deciding a leading presidential contender obviously tried a coup. I’d really prefer we focus back on the coup part, and maybe less on the intentions of 150+ y/o lawmakers.
As a foreigner I am surprised it took this long. Will likely not lessen the support for Trump, but nearly nothing will at this point.
As a foreigner who’s spent a lot of time in America, this may actually be good for Trump. I am not 100% sure how elections work in the US, but at most this will keep his name off a ballot Trump would never win and at best it will ensure his name has to be on every ballot. Assuming the SCOTUS overturns it, it sets a precedent that the POTUS is not an officer and therefore isn’t included in any legal language that concerns officers. Which opens up expansion of the powers of the executive. Still assuming that the SCOTUS overturns it it could play right into the Project 2025 playbook.
This is the best summary I could come up with:
DENVER (AP) — The Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.
The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
Dozens of lawsuits have been filed nationally to disqualify Trump under Section 3, which was designed to keep former Confederates from returning to government after the Civil War.
It bars from office anyone who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it, and has been used only a handful of times since the decade after the Civil War.
After a weeklong hearing in November, District Judge Sarah B. Wallace found that Trump indeed had “engaged in insurrection” by inciting the Jan. 6 attack on the Capitol, and her ruling that kept him on the ballot was a fairly technical one.
“You’d be saying a rebel who took up arms against the government couldn’t be a county sheriff, but could be the president,” attorney Jason Murray said in arguments before the court in early December.
The original article contains 639 words, the summary contains 234 words. Saved 63%. I’m a bot and I’m open source!
Great idea, ban the frontrunner of the only other viable Party from running for office, this won’t have any consequences at all!
Great idea, don’t hold former presidents to account when they attempt to subvert democracy, that won’t have any consequences at all!
If they wanted to hold him to account they’d have charged him immediately after the insurrection, rather than waiting for the next election. Why did they wait so long? Now he’s campaigning and can use every decision against him to rally his supporters into a frothing mob.
You mean like the impeachment or any of the trials we’ve had for his criminal behavior? Yeah, why didn’t they do that immediately??? And while we’re at it, why does the legal system move so slowly???
The impeachment was literally nothing.
What I mean is that he could have been arraigned much earlier. They slow walked the charges so that he’d have time to become the frontrunner in order to sabotage the GOP. This isn’t just the law moving slowly, this is a political strategy to ensure Biden’s reelection.
This will only result in his cult becoming radicalized.
Hopefully they don’t get violent.
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Federal courts just move slowly. Any of the current cases against Trump taking less than 6 years would be an anomaly. That’s not an endorsement of our current system of justice, far from it.
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Trump notoriously uses delay as his primary legal tactic; Has done for decades.
His lawyers have taken every opportunity to take legal actions doomed to “fail” because they knew they would gum up the works and move trial dates further back. They have argued at every turn for delays, and are currently complaining about being told to work over the holidays because a judge gave them strict deadlines for filing briefs in Trump’s own appeal which has paused all actions in the case until it is resolved.
(The appeal is that Trump has “absolute immunity” and therefore can’t even be tried, let alone convicted, for any crimes he may have committed while president. It’s absurd on its face)
Federal courts just move slowly.
The J-6th rioters got court hearings and sentences before Trump was even brought up on charges. That’s telling.
Now it’s too late and he’s the frontrunner. By taking so long they might destabilize the country.
The prosecuted J-6th rioters actually entered the capital building, committed crimes with their own hands on camera, or spent months prior to the insurrection explicitly (in writing) organizing people to do things like kidnap Nancy Peloci and kill Mike Pence.
Those are easier cases to make, and those defendants filling court records with defenses of “I was just following the orders of my president” help build a case against Trump himself.
The “Imminent lawless action” standard in first amendment jurisprudence is a harder one to meet than most people realize. There’s reasonable precedent to say that enough time passes between Trump inciting his croud to insurrection and them actually doing it that it doesn’t meet the “imminent” standard. It’s not in any way an easy case to make and win.
There are many federal and state cases against Trump right now, and to say that they’ve been intentionally slow-walked to cooencide with the election is to ignore the years of litigation that have already happened in most of them.
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You mean like the impeachment or any of the trials we’ve had for his criminal behavior?
The insurrection-based charges were dropped from every single one…
- Juno ( @Juno@beehaw.org ) 1•6 months ago
He’s a traitor who tried to overthrow the US government and seize power for himself, first.
He’s king of the idiots, second.