Capitol Hill Blue Forums Political Issues Constitutional Issues The 14th Amendment and Donald Trump

But, but, Trump was in no way part of an insurrection!

Gaetz, Stefanik offer resolution declaring Trump ‘did not engage in insurrection’


Doesn't this prove it?!??

Republicans have not been able to get their act together since McCarthy was voted out of Speakership. Their entire caucus is a crap show.

A lower-court judge has ruled that Trump DID commit insurrection and being a former POTUS does not allow Trump NOT to be held accountable - as Trump claims. Yesterday's Applellate Court ruling reaffirmed this fact.

They can pass a resolution stating Trump is the son of God .... doesn't make it so. I watched these clowns making their case. If these guys showed up in my logic class, they would not make it through the class ... it's too logical.

Yikes!!!!

The Supremes will overturn Colorado.

This opens up the very real possibility Trump easily wins (see Hurr's Report) and we are faced with a Constitutional crisis whether Trump meets qualifications for presidency if he is an insurrectionist. If Congress does not lift restriction of an insurrectionist .... gee I don't know where to go with this .... Supremes ... complete breakdown of federal government ... who would be in charge .... Russia, Iran, China taking advantage .... I see dystopian future

Not one SCOTUS judge attempted tp define or clarify the term, insurrection.

Trump is already asking Jack Smith via Trump’s Truth Social account, to forgive all of Trump’s crimes and let bygones be bygones, based upon the direction that the SCOTUS sounds like its headed in.

On the questions of determining if an insurrection occurred, and if Trump participated in it, both the House and the Senate voted unambiguously that the answer is “yes” and “yes”.

The single article of impeachment concerning J6 was this:

ARTICLE I: INCITEMENT OF INSURRECTION

The House of Representatives voted 232 aye, 192 nay.

In the Senate trial on the same article, the body voted 57 guilty, 43 not guilty.

How is this not simple and clear evidence of violation of the 14th Amendment?

I've been seeing this for months now.

And, yesterday, another piece fell into place!

Hey kids,
Been away for awhile (vacation and things).

I was very disappointed with the SCOTUS hearing, since none of the Justices addressed the Elephant in the room. But, I am gratified that at least the New York cases are proceeding apace. $454 million dollars, plus E. Jean Carroll's $83 million. Pretty soon we'll be talking real money....

And March 25 begins jury selection in the 2016 election interference case. There is so much criming going on that it is hard to remember that this is more than just a hush money case. I think the third time will be the charm (since Trump Org was already convicted of falsifying records, and Trump has been found liable for falsifying records, this one might actually give him an actual conviction).

So, while it appears SCOTUS is getting ready to duck the 14th Amendment case (and they shouldn't), at least he will not be free to keep committing felonies right and left.... maybe.

The SCOTUS by a 8-1 or 9-0 seems set to place Trump back on the ballot. At least that how the oral arguments seem to indicate. You have section 5 of the 14th, “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” Congress did pass legislation declaring the south in a state of insurrection which was signed into law by the president. Then there were numerous laws passed by congress after the ratification of the 14th dealing with the south. This wasn’t done for 1-6 nor has any federal government, congress, the president, DOJ, Homeland security, etc. ever declared or stated 1-6 was an insurrection. Nor does any of the 91 federal indictments charge Trump with insurrection. Also, at question is can a state declare someone an insurrectionist on its own or is that a federal government responsibility? Punt is what I think the SCOTUS will do as to Trump’s ballot access.

Now add the Georgia case to the New York cases. There’s no doubt in my mind Trump interfered with Georgia’s 2020 election. His interference is on tape when he asked our secretary of state to find 11,780 votes out of the clear thin air. It took balls to tell the president no. Trump will get his, this I have no doubt.

I agree with all of your post except the bolded. I am also concerned about how the Supreme Court addressed the questions in the 14th Amendment cases.

First, the bolded - Congress did, and by an overwhelming majority, declare Jan. 6 an insurrection. H.R.3325 - To award four congressio...ted the U.S. Capitol on January 6, 2021.
"(2) On January 6, 2021, a mob of insurrectionists forced its
way into the U.S. Capitol building and congressional office
buildings and engaged in acts of vandalism, looting, and
violently attacked Capitol Police officers."

Moreover, several courts have described it as an insurrection, and multiple individuals have been convicted of Seditious Conspiracy. The President has described January 6 an insurrection: "This was an armed insurrection."; JANUARY 06, 2022
Remarks By Presid...y 6th Deadly Assault On The U.S. Capitol.

Second, the Supreme Court has never deemed that Section 3 was NOT self-executing. Several courts have ruled the opposite. Only once has a judge ruled otherwise.

Third, in no other case of which I am aware has any court REQUIRED a Congressional declaration of an insurrection, and indeed, the idea is legally nonsensical. The Insurrection Act allows the President to call out the Militia to put down an insurrection. Is he prohibited from doing so until Congress acts?

Fourth, one of the most maddening areas of questioning by SCOTUS Justices was the intimation that States can't independently address disqualification.Justices skeptical of 14th Amendment case banning Trump from ballot: Key takeaways. That stance is directly contrary to the history and structure of the 14th Amendment.