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As I noted in another thread, there must be some kind of procedure, instead of the Secretary of States of the several states simply asserting that Mr. Trump is not eligible to be on the state's Presidential ballot.
Several Constitutional lawyers have argued that the 14th is 'self executing', which I think is nonsense, unless it were Mr. Trump that self-executed.
As noted before, Mr. Meadow's filed a motion in Federal district court (Georgia) to have his criminal case removed from the state court to said Federal court. The federal statute is very specific: Mr. Meadow's must argue that he was a Federal official acting within the scope of his official duties.
This does open the door for the Federal judge to find that Mr. Meadow's was acting in an illegal manner; that he was a participant in promoting rebellion or insurrection, and thus he is barred from holding public office again under the 14th. That would set up appeals to, eventually, the Supreme Court.
As for holding future public office: I imagine that Mr. Meadow's realizes that such is not in his future anyway, so little to lose.
To date, Mr. Trump has not filed a motion for removal, presumably based on the above possibility.
Some groups have filed suits arguing that Mr. Trump should be kept off the ballot, but they may have difficulty in proving 'standing'.
I think that some Republican, already running, could have standing to sue to remove Mr. Trump off ballots, since they could argue that they are directly affected by his being on the ballot. Yet, I don't see any Republican doing so.
I doubt that this is the last we will hear of this movement. We must keep an eye on how the Federal judge rules in Mr. Meadow's motion.
By finding the case stays in Georgia, keeps Trump from trying the same. Interesting read. Seems if Meadows case stays in Georgia the 14th sec, 3 becomes much more realistic.
I have seen a story from NM where a commissioner was removed using the 14Th sec3. https://www.npr.org/2022/09/06/11213...enth-amendment
Where does it say in the constitution that a president has to be convicted of insurrection to be disqualified? It simply says engaged in. Who defines if that happened? I would suppose each state. On the flip side could states ban Biden in 2024 because of the border situation claiming gave comfort to our enemies? Again the state can probably define that how they want.
Using the reason the post you responded to, biden should be charged
Starting to look like a real possibility...........you get enough legal-minds working on the issue,
they very well could keep Trump off the ballot in various states.
Starting to look like a real possibility...........you get enough legal-minds working on the issue,
they very well could keep Trump off the ballot in various states.
The problem is that you can find a crime that pretty much every president has committed (or at least it would be a crime for every day people). Yet, they dont get convicted. Why is that?
Did ever other POTUS steal nuclear secret papers, then wave them in front of a writer while spouting I'm not supposed to show you this?
His lawyer has admitted that Trump was told the FBI would be coming to Mar a Lago to get all the papers he stole.
It is Trump employees and cohorts who are lining up to speak the truth about him now, not the Ds or tainted FBI agents.
I have no clue if when or what crimes were committed by other presidents. so maybe somebody did something worse we let this slide?
Maybe not holding people accountable is why we are in this mess now.
Take Trump's own words at the Jan 6 rally
"We fight like hell. And it you don't fight like hell you are not going to have a country, anymore"
I am not saying not to hold him accountable. I am saying that because we have not held them accountable in the past that is why people are upset about Trump being prosecuted now.
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