TRUMP CONVICTED

DIY-HP-LED

Well-Known Member

J. Michael Luttig and Laurence Tribe make the case for Trump’s disqualification from public office

1,355 views Aug 19, 2023 #msnbc #trump #2024election
In a new article for The Atlantic, retired former federal judge J. Michael Luttig and top legal scholar Laurence Tribe make the case that the Constitution includes a provision that disqualifies Donald Trump from holding public office again. Section Three of the Fourteenth Amendment is also known as the “disqualification clause.” It’s only two sentences long but it could doom Trump’s bid to return to the White House. The disqualification clause “forbids the former president from holding the office of the presidency again because of his conduct in and around January 6, 2021,” says Judge Luttig. And as Tribe points out, it’s not a sanction against an individual. “The framers of the 14th Amendment took great care not to treat this as a punishment … Nobody has a right to be president without meeting the qualifications.”
 

DIY-HP-LED

Well-Known Member
Trump is disqualified from holding office, any secretary of state who put him on the ballot would be sued and lose. However, and this is an important detal IMO, he should not be disqualified from running in the GOP primary, though they can bring it up, most of the base doesn't deal in reality. Donald could win the republican nomination and be disqualified to run after he files the papers, but it will be widely known long before then that he's a dead man walking as far as getting on the general election ballot. Donald will have other trouble trying to keep his ass out of jail and then prison when he is convicted. Donald could leave the republicans high and dry just before the election because nobody can sue Trump, or the secretaries of state can't deny or approve an application they have not yet received. Here is a list of the deadlines for state applications to run for POTUS and Donald will wait until the last moment to register. It will be a fucking disaster and fiasco for the republicans in 24 if Trump wins their nomination and it will be ultimately settled by the SCOTUS and prevailing conservative legal opinion does not favor Trump, neither does liberal legal opinion.

 
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cannabineer

Ursus marijanus
Trump is disqualified from holding office, any secretary of state who put him on the ballot would be sued and lose. However, and this is an important detal IMO, he should not be disqualified from running in the GOP primary, though they can bring it up, most of the base doesn't deal in reality. Donald could win the republican nomination and be disqualified to run after he files the papers, but it will be widely known long before then that he's a dead man walking as far as getting on the general election ballot. Donald will have other trouble trying to keep his ass out of jail and then prison when he is convicted. Donald could leave the republicans high and dry just before the election because nobody can sue Trump, or the secretaries of state can't deny or approve an application they have not yet received. Here is a list of the deadlines for state applications to run for POTUS and Donald will wait until the last moment to register. It will be a fucking disaster and fiasco for the republicans in 24 if Trump wins their nomination and it will be ultimately settled by the SCOTUS and prevailing conservative legal opinion does not favor Trump, neither does liberal legal opinion.

To the underlined: Not necessarily. You overreach by stating it as settled.

To the bolded: no. He should be disqualified before the primaries, so the Republican Party can select what they think is a viable candidate, who then will likely be defeated in the big one.

To suckerpunch the Republicans with a delayed disqualification is a recipe for rage and violence. It will also harden the belief that the election was fraudulent. What you suggest could cause unprecedented harm to the public’s confidence that the republic is working. That sets the stage for high probability of a more successful fascist coup.

The way to deal with maga is not spite, and your proposal drips spite. We need to oppose them honorably, eye to eye. I believe it will be vital that they be denied any further opportunity to claim they were set up or otherwise cheated. Otherwise the danger of civil war becomes greater.
 

DIY-HP-LED

Well-Known Member
To the underlined: Not necessarily. You overreach by stating it as settled.

To the bolded: no. He should be disqualified before the primaries, so the Republican Party can select what they think is a viable candidate, who then will likely be defeated in the big one.

To suckerpunch the Republicans with a delayed disqualification is a recipe for rage and violence. It will also harden the belief that the election was fraudulent. What you suggest could cause unprecedented harm to the public’s confidence that the republic is working. That sets the stage for high probability of a more successful fascist coup.

The way to deal with maga is not spite, and your proposal drips spite. We need to oppose them eye to eye. I believe it will be vital that they be denied any further opportunity to claim they were set up or otherwise cheated. Otherwise the danger of civil war becomes greater.
My reasoning is the nominee of the GOP is not a public office and therefore the 14th doesn't apply. However, where primaries are enshrined by law and are elected offices of a sort, it might vary. There will be no question when it comes to the general election but can only be actually enforced when Trump applies to run for office in the states as the party nominee, or as an independent. Some states don't have primaries they caucus, and political parties appear to be private institutions or associations to me.
 

cannabineer

Ursus marijanus
My reasoning is the nominee of the GOP is not a public office and therefore the 14th doesn't apply. However, where primaries are enshrined by law and are elected offices of a sort, it might vary. There will be no question when it comes to the general election but can only be actually enforced when Trump applies to run for office in the states as the party nominee, or as an independent. Some states don't have primaries they caucus, and political parties appear to be private institutions or associations to me.
89* words avoiding/distracting from my point.

*I do not count GOP or 14th
 

DIY-HP-LED

Well-Known Member
89* words avoiding/distracting from my point.

*I do not count GOP or 14th
I'm just speaking of the way I read the tea leaves and the way thing appear to operate. Being the nominee of a political party is not a public office and unless he has to file papers with the secretary of state in the state to run as a candidate or appear on a primary ballot, then I see no path to disqualify him from being nominee, thought the SCOTUS might disagree. If the republicans can keep Trump off the primary ballot, they will do it or they will try, but the base is profoundly stupid. There is little question of what will happen if he should win the GOP nomination and start applying to run for POTUS in the states. Nothing I've read addresses the political party end of things, as far as the US constitution goes, they don't exist, in a constitutional sense. I have little doubt it will be tested in the courts at the beginning of or before primary season.

It is extraordinary that such questions have to be asked, but the way I read it he can run for the nomination but not the presidency and it is amazing that he could still win his nomination with several ongoing criminal trials, but he is leading the GOP by a mile so far. If the conservatives on the SCOTUS want to do the GOP a favor, they will rule him out of the primaries too, end of problem.
 

cannabineer

Ursus marijanus
I'm just speaking of the way I read the tea leaves and the way thing appear to operate. Being the nominee of a political party is not a public office and unless he has to file papers with the secretary of state in the state to run as a candidate or appear on a primary ballot, then I see no path to disqualify him from being nominee, thought the SCOTUS might disagree. If the republicans can keep Trump off the primary ballot, they will do it or they will try, but the base is profoundly stupid. There is little question of what will happen if he should win the GOP nomination and start applying to run for POTUS in the states. Nothing I've read addresses the political party end of things, as far as the US constitution goes, they don't exist, in a constitutional sense. I have little doubt it will be tested in the courts at the beginning of or before primary season.

It is extraordinary that such questions have to be asked, but the way I read it he can run for the nomination but not the presidency and it is amazing that he could still win his nomination with several ongoing criminal trials, but he is leading the GOP by a mile so far. If the conservatives on the SCOTUS want to do the GOP a favor, they will rule him out of the primaries too, end of problem.
What you call “doing the GOP a favor” I call averting revolution. Thank you for demonstrating that my point ricocheted off you with a metallic sound.
 

DIY-HP-LED

Well-Known Member
What you call “doing the GOP a favor” I call averting revolution. Thank you for demonstrating that my point ricocheted off you with a metallic sound.
It doesn't matter how you think things should be, it is just the way they are. I think a "revolution" is unlikely, more like going out with a whimper than a bang. The point I'm trying to make is Trump might not be disqualified to run in the GOP primaries by the 14th, he is disqualified from the general election though, no matter what happens with the republicans. If there is another point, I guess I'm missing it. There appears to be no basis in law for the SCOTUS to act, unless Trump has to file papers with the state to run in a primary there, then the courts could be involved, even then the nominee is not a public office. This is logical and consistent with the known facts. If Trump can be disqualified from the GOP primaries using the 14th, the republicans will do it, so we will see when the time comes.
 

cannabineer

Ursus marijanus
It doesn't matter how you think things should be, it is just the way they are. …
No. The way things are ≠ the way you say they are.

My failure (and instances where other, more nuanced thinkers on this forum have failed at the same thing) at getting you to see that (and refine your edicts) is frustrating.
 

Fogdog

Well-Known Member
if you read the post from someones wife or something i heard he got busted for transporting hookers or did i get that wrong

ill check my history


maids in resorts, what they supposed to be polishing exactly
fwiw

"During his time in jail, it is said that he reformed and changed his views on jurisdiction and immigration. It is unclear if he has remained on this positive path since his release."

Can anybody reform and change their ways? I think the can.

He was arrested in 2007. The very sparse description sounds bad. No details. Don't listen to him if you can't get past his past.
 

DIY-HP-LED

Well-Known Member

There were Republican Senators who objected to certifying electors for Biden.

In the House there were 121 Republican members who objected to certification.

After the riot, there were 8 Senators who stood steadfast in their false objections even after the rioters were pushed back.

They were Ted Cruz (TX), Josh Hawley (MO), Cindy Hyde-Smith (MS), Cynthia Lummis (WY), John Kennedy (LA), Roger Marshall (KS), Rick Scott (FL), and Tommy Tuberville (AL).

Kennedy’s runs for re-election next year 2022, there is only one of this group of Senators up before the presidential elections in 2024.

It is possible that Cruz and Hawley and Scott may run for President in 2024, no matter what Trump may decide to do.

At one point 121 House members objected to counting the electors for Joe Biden.

Every one of the House members are up in the mid-terms.

We must challenge the right of Members and Senators to participate in our Congress if they favored overthrowing the government.

We must also challenge their right to run for office.

We can’t ignore this betrayal of their oath.

We should invoke the prohibitions set forth in the 14th Amendment, Section 3 to the Constitution.

That section provides

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

This amendment was ratified in 1868 , just after the civil war ended, and this provision was written to bar confederates from holding office.

These members in the Senate and House may be thrown out of the Congress.

These members in the Senate and House may be barred from running for Congress.


We must seek to bar Trump from running for public office. At first blush, I would propose seeking to bar him in the several states based on his violation of the 14th Amendment, Section 3.

I would contemplate a similar approach to members of the Senate and the Congress implicated in the insurrection.

We should bar the mess of them from the ballot for their violation of the 14th Amendment, Section 3.

It must be obvious that the scrutiny of elected officials is a necessary predicate to a fair and just and constitutional government that supports our historic democracy.

Fortunately, the Constitution provides us with the tools to thin the herd of enemies and traitors within our nation, holding public office, who supported the insurrection ands who prefer autocracy.

I first made these observations last November.

I’m glad to say in recent days that there is one challenge based on this reliance on the 14th Amendment.
 
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