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  3. Trespassers can't hold office

Trespassers can't hold office

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  • taiwan_girlT taiwan_girl

    https://www.straitstimes.com/world/united-states/washington-ethics-watchdog-files-suit-to-try-to-block-trump-from-ballot

    Washington-based ethics watchdog filed a lawsuit on Wednesday to try to block Donald Trump from appearing on the ballot in Colorado next year if he wins the Republican presidential nomination, arguing that his actions on Jan 6, 2021, disqualify him from office.

    The untested legal strategy, which relies on a reading of the 14th Amendment to the US Constitution, faces long odds, according to legal experts.

    The lawsuit cites Section 3 of the 14th Amendment, which bars any person from holding federal or state office who took an “oath... to support the Constitution of the United States” and then “engaged in insurrection or rebellion against the same,” according to the statement.

    George KG Offline
    George KG Offline
    George K
    wrote on last edited by
    #10

    @taiwan_girl said in Trespassers can't hold office:

    long odds

    No kidding. What crime has Trump been convicted of?

    In fact, none of the persons indicted in Georgia have been even accused of insurrection or rebellion.

    Wishful thinking.

    "Now look here, you Baltic gas passer... " - Mik, 6/14/08

    The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

    1 Reply Last reply
    • George KG Offline
      George KG Offline
      George K
      wrote on last edited by George K
      #11

      By the way, wasn't the show trial 2nd impeachment all about Jan 6th?

      You know, the impeachment in which Trump was not convicted?

      "Now look here, you Baltic gas passer... " - Mik, 6/14/08

      The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

      1 Reply Last reply
      • JollyJ Jolly

        And...this case is not about the defendant. It's about Trump.

        JollyJ Offline
        JollyJ Offline
        Jolly
        wrote on last edited by
        #12

        @Jolly said in Trespassers can't hold office:

        And...this case is not about the defendant. It's about Trump.

        As I said.

        There is no depth power hungry Demonrats will not sink to, including shredding the Constitution, to keep Trump from running for office.

        “Cry havoc and let slip the DOGE of war!”

        Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

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        • George KG Offline
          George KG Offline
          George K
          wrote on last edited by George K
          #13

          Followup on Griffin

          https://talkingpointsmemo.com/news/jan-6-rioter-barred-holding-office-insurrection-clause-appeal-dismissed-cowboys-for-trump

          Griffin appealed the decision to the New Mexico Supreme Court on Sept. 20; the case was dismissed on Tuesday afternoon on procedural grounds. The Supreme Court ruled that Griffin failed to follow proper appeals procedures.

          “This is an affirmation that Section 3 of the 14th Amendment can and should be enforced against all the January 6th insurrectionists who took an oath to defend the Constitution, whether they are current or former officeholders,” CREW senior vice president Donald Sherman said in a statement, “Today is an important day for our democracy.”

          Griffin had failed to file a statement of issues – a document that outlines the main issue being debated – within the proper timeframe.

          Screenshot 2023-09-07 at 7.34.59 AM.png

          He should have had a better lawyer - one that knew proper appeals procedures.

          CREW apparently feels that dismissing this case for procedural errors is democratic.

          "Now look here, you Baltic gas passer... " - Mik, 6/14/08

          The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

          1 Reply Last reply
          • JollyJ Offline
            JollyJ Offline
            Jolly
            wrote on last edited by
            #14

            Wonder if he has an appeal in federal court?

            “Cry havoc and let slip the DOGE of war!”

            Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

            1 Reply Last reply
            • 89th8 Offline
              89th8 Offline
              89th
              wrote on last edited by
              #15

              Here's my question. Does a person need to be "charged, tried, convicted" for something to be used as basis for ruling? For example, there's plenty of evidence (note all the videos referenced in the filing) he organized groups and participated in the event.

              JollyJ 1 Reply Last reply
              • 89th8 Offline
                89th8 Offline
                89th
                wrote on last edited by
                #16

                I guess I found my own answer. This was addressed on Pages 42-43.

                tl;dr is this is a civil, not criminal, trial and Section Three of the 14th amendment doesn't require criminal convictions as a prerequisite for election eligibility.

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                • 89th8 Offline
                  89th8 Offline
                  89th
                  wrote on last edited by
                  #17

                  I did chuckle at this paragraph near the opening:

                  image.png

                  1 Reply Last reply
                  • 89th8 89th

                    Here's my question. Does a person need to be "charged, tried, convicted" for something to be used as basis for ruling? For example, there's plenty of evidence (note all the videos referenced in the filing) he organized groups and participated in the event.

                    JollyJ Offline
                    JollyJ Offline
                    Jolly
                    wrote on last edited by
                    #18

                    @89th said in Trespassers can't hold office:

                    Here's my question. Does a person need to be "charged, tried, convicted" for something to be used as basis for ruling? For example, there's plenty of evidence (note all the videos referenced in the filing) he organized groups and participated in the event.

                    I think you're guilty of insurrection.

                    Good. Now you don't have to worry about ever running for elected office.

                    “Cry havoc and let slip the DOGE of war!”

                    Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

                    1 Reply Last reply
                    • 89th8 Offline
                      89th8 Offline
                      89th
                      wrote on last edited by
                      #19

                      I mean, if you were a judge and saw a video of me doing it, then I guess you're right.

                      1 Reply Last reply
                      • JollyJ Offline
                        JollyJ Offline
                        Jolly
                        wrote on last edited by
                        #20

                        You can't do that in my version of the United States. You cannot take away a person's rights without due process.

                        “Cry havoc and let slip the DOGE of war!”

                        Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

                        1 Reply Last reply
                        • 89th8 Offline
                          89th8 Offline
                          89th
                          wrote on last edited by
                          #21

                          It seems this is a civil matter so due process is being followed, no?

                          George KG 1 Reply Last reply
                          • 89th8 89th

                            It seems this is a civil matter so due process is being followed, no?

                            George KG Offline
                            George KG Offline
                            George K
                            wrote on last edited by
                            #22

                            @89th said in Trespassers can't hold office:

                            It seems this is a civil matter so due process is being followed, no?

                            If this is a civil and not a criminal matter, why is it being adjudicated in the context of federal elections.

                            "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                            The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                            1 Reply Last reply
                            • jon-nycJ Offline
                              jon-nycJ Offline
                              jon-nyc
                              wrote on last edited by jon-nyc
                              #23

                              This is as ridiculous a notion as saying the VP can choose to reject electors from certain states.

                              It’s quite a Trumpian move. Like a many such moves, it would be disastrous if were allowed to proceed.

                              Only non-witches get due process.

                              • Cotton Mather, Salem Massachusetts, 1692
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