The two law professors argue the former president should be barred under the 14th Amendment

 

 

Donald Trump should be disqualified from serving as president under Section Three of the 14th Amendment to the US Constitution, according to a new paper published by two conservative law professors.

William Baude and Michael Stokes Paulsen argue for their interpretation that the 14th Amendment contains a clause that any former elected official who engages in insurrection or rebellion is prohibited from holding office in the future.

 

Participating in an insurrection is exactly what Mr Trump stands accused of doing, both by the US Department of Justice and by various members of Congress.

 

Mr Trump was impeached in the House of Representatives for his role in facilitating an attempt to overturn the result of the 2020 presidential election that peaked when a group of his supporters stormed the US Capitol building on January 6, 2021.

Academics have described Mr Trump’s attempt to stay in power after losing the 2020 election to Joe Biden as an attempted self-coup — an attempt by a serving executive to interfere with one or more branches of government in an attempt to hold onto or expand their power.

 

FULL STORY

The Republican Party must face that if they let him run the party gets a black-eye in history -- they ran a seditionist/grifter .  If he wins even worse.  

 

I agree with the academics, except that he needs to be convicted in a court of law before he can be barred. Therein lies the rub, and it explains all the delay tactics by the Trump team. If Trump gets elected before he is convicted he can dissolve all the federal charges. 

Uh ho if he can’t run how can he conn his followers out of their money ?????lol I love it it would be nice not having to worry about that abomination back in power.

56 minutes ago, gargamon said:

I agree with the academics, except that he needs to be convicted in a court of law before he can be barred. Therein lies the rub, and it explains all the delay tactics by the Trump team. If Trump gets elected before he is convicted he can dissolve all the federal charges. 

Agree.  Just calling someone an insurrectionist--albeit with a mountain of evidence--doesn't make said person one in the eyes of the law.  But the Republican Party is within their rights to prohibit Trump from running.  They won't, of course, as they're terrified of Trump's base.   

There is no question he is unqualified to run. But, he was unqualified to run the 1st time too. And he became president. Only in America. He was likely the 44th worst in history. Will his current legal woes stop him? Will the republican party step in? I doubt it. They seem scared, and cowed by him and his fanatical devotees. It seems no matter what he says, no matter what he is charged with, no matter what he does, he is above the law in the eyes of his followers. What can one say? I hope they are somehow able to get him convicted. He needs to be banished into the wilderness.

3 hours ago, gargamon said:

I agree with the academics, except that he needs to be convicted in a court of law before he can be barred. Therein lies the rub, and it explains all the delay tactics by the Trump team. If Trump gets elected before he is convicted he can dissolve all the federal charges. 

And then pardon himself?

orange man BAD syndrome much? the previous times he got pulled into legal absurdities such as his alleged russia connections and other incidents nothing was found!! but now its true because "it must be" 

 

na he going to walk and i dont see any reason why he wont be the next US pres.

Just now, Zapitapi said:

orange man BAD syndrome much? the previous times he got pulled into legal absurdities such as his alleged russia connections and other incidents nothing was found!! but now its true because "it must be" 

 

na he going to walk and i dont see any reason why he wont be the next US pres.

Why was Manafort convicted?

3 hours ago, gargamon said:

I agree with the academics, except that he needs to be convicted in a court of law before he can be barred. Therein lies the rub, and it explains all the delay tactics by the Trump team. If Trump gets elected before he is convicted he can dissolve all the federal charges. 

I just raise the question. Following the American Civi War, did all those who participated on the Confederate side have to be found guilty of this in a court of law before being barred from holding office? I do not know, but I would be surprised if the Reconstruction Republican government would have set this as the bar … It will be interesting to follow the developments.

3 hours ago, gargamon said:

I agree with the academics, except that he needs to be convicted in a court of law before he can be barred. Therein lies the rub, and it explains all the delay tactics by the Trump team. If Trump gets elected before he is convicted he can dissolve all the federal charges. 

There is no conviction requirement in the fourteenth, though it would presumably clear some of the slightly ambiguous clause three.

The only other argument I can see is that it does not specify “presidents”, though they would seem to be included as “elected”.

15 minutes ago, 1duckyboy said:

And then pardon himself?

No. If he gets elected he can kill the prosecution before he gets convicted so no need to pardon himself. 

Ah, just to make up for no anti-trump articles in AN e-mail this morning they will add 2 this afternoon !

 

There have been many democrats that have all said the election was rigged and stolen by Trump in 2016 - exactly how many of these are the DOJ and FBI prosecuting ? Exactly none ! If someone could explain why H. Clinton is still running free after her actions and words I appreciate it.

 

Its quite clear that the democrat party are using the DOJ and FBI in a political way by constantly attacking Biden's main rival - if Trump was not even thinking about running , they would not waste their time doing this.

 

The Dems are scared of Trump - if Trump gets barred from running or put in prison, America will have riots that make the BLM look like a party. That and every single country around the world will look at the USA as a 3rd world tin pot country convicting the opposition - The US will certainly have more in common with Thailand politically

45 minutes ago, gargamon said:

No. If he gets elected he can kill the prosecution before he gets convicted so no need to pardon himself. 

It sounds like you're talking about a developing world tin pot dictatorship. What on Earth has happened?

4 hours ago, gargamon said:

I agree with the academics, except that he needs to be convicted in a court of law before he can be barred. Therein lies the rub, and it explains all the delay tactics by the Trump team. If Trump gets elected before he is convicted he can dissolve all the federal charges. 

 

56 minutes ago, wwest5829 said:

I just raise the question. Following the American Civi War, did all those who participated on the Confederate side have to be found guilty of this in a court of law before being barred from holding office? I do not know, but I would be surprised if the Reconstruction Republican government would have set this as the bar … It will be interesting to follow the developments.

No they were, as a whole not. Sadly despite 600 odd thousand Americans dying at each others hand in that conflict the scourge of white-supremacy and rabid entrenched racism was never defeated. It is alive and well in the USA.

57 minutes ago, Zapitapi said:

orange man BAD syndrome much? the previous times he got pulled into legal absurdities such as his alleged russia connections and other incidents nothing was found!! but now its true because "it must be" 

 

na he going to walk and i dont see any reason why he wont be the next US pres.

He didn't actually come out of the Russian case squicky clean, there were aspects that could/should have been further investigated but it was Donalds DOJ.

2 minutes ago, BusyB said:

It sounds like you're talking about a developing world tin pot dictatorship. What on Earth has happened?

America was always a slut but now the whole world knows she isn't a virgin

4 minutes ago, BusyB said:

It sounds like you're talking about a developing world tin pot dictatorship. What on Earth has happened?

I watched a Frontline USA UTube video yesterday. A long interview with an investigative reporter who has followed both the 2016 and 2020 elections and what he had to say was what I already have heard but said in ways so clear, so shockingly clear that your assumptive questioning is indeed spot-on.

 

Trump intended to call out the national guard and other military elements, declare martial law, stop the electoral college vote, suspend the constitution and remain in power and then once this had been accomplished to destroy all branches of the government and rule unopposed.

He has, and is still, saying this out, clearly unambiguously, and loudly.

6 minutes ago, soalbundy said:

He didn't actually come out of the Russian case squicky clean, there were aspects that could/should have been further investigated but it was Donalds DOJ.

Mueller said in front of open Congress; 'Trump was indeed open to prosecution in the Russia collusion investigation but this could not be done while he was President (law)'.

The GOP voted NO to impeaching him and so the evidence to indeed prosecute was laid impotent.

 

As to Trumps (or any other President) holding immunity as a President this is an obscene, shameful stain on the USA calling itself a democracy and a nation under Law.

1 hour ago, 1duckyboy said:

And then pardon himself?

He guts the DOJ and all the charges magically disappear - just like he said Covid would.

1 hour ago, RichardColeman said:

Ah, just to make up for no anti-trump articles in AN e-mail this morning they will add 2 this afternoon !

 

There have been many democrats that have all said the election was rigged and stolen by Trump in 2016 - exactly how many of these are the DOJ and FBI prosecuting ? Exactly none ! If someone could explain why H. Clinton is still running free after her actions and words I appreciate it.

 

Its quite clear that the democrat party are using the DOJ and FBI in a political way by constantly attacking Biden's main rival - if Trump was not even thinking about running , they would not waste their time doing this.

 

The Dems are scared of Trump - if Trump gets barred from running or put in prison, America will have riots that make the BLM look like a party. That and every single country around the world will look at the USA as a 3rd world tin pot country convicting the opposition - The US will certainly have more in common with Thailand politically

In the MAGA propaganda's alternate universe....

1 hour ago, RichardColeman said:

Ah, just to make up for no anti-trump articles in AN e-mail this morning they will add 2 this afternoon !

 

There have been many democrats that have all said the election was rigged and stolen by Trump in 2016 - exactly how many of these are the DOJ and FBI prosecuting ? Exactly none ! If someone could explain why H. Clinton is still running free after her actions and words I appreciate it.

 

Its quite clear that the democrat party are using the DOJ and FBI in a political way by constantly attacking Biden's main rival - if Trump was not even thinking about running , they would not waste their time doing this.

 

The Dems are scared of Trump - if Trump gets barred from running or put in prison, America will have riots that make the BLM look like a party. That and every single country around the world will look at the USA as a 3rd world tin pot country convicting the opposition - The US will certainly have more in common with Thailand politically

And here's another one; someone who literally can't distinguish between a mountain and a mole hill.

 

HRC did not in any way contest the election result or attempt to keep Trump from taking office.  She did state that she thought Russian interference in the election de-legitimized Trump, but that was long after he took office. 

 

If you can't distinguish between that and Trump's actions, there is no hope for you.

2 hours ago, spidermike007 said:

There is no question he is unqualified to run. But, he was unqualified to run the 1st time too. And he became president. Only in America. He was likely the 44th worst in history. Will his current legal woes stop him? Will the republican party step in? I doubt it. They seem scared, and cowed by him and his fanatical devotees. It seems no matter what he says, no matter what he is charged with, no matter what he does, he is above the law in the eyes of his followers. What can one say? I hope they are somehow able to get him convicted. He needs to be banished into the wilderness.

hopefully Jack Smith can drive a proverbial stake through his heart

2 minutes ago, malibukid said:

hopefully Jack Smith can drive a proverbial stake through his heart

If Jack Smith manages to convict Trump before the elections, he should be nominated for the Nobel Peace Prize.  I think most of the world would agree.

2 hours ago, Zapitapi said:

orange man BAD syndrome much? the previous times he got pulled into legal absurdities such as his alleged russia connections and other incidents nothing was found!! but now its true because "it must be" 

 

na he going to walk and i dont see any reason why he wont be the next US pres.

He's a buffoon, a conman, a liar and a generally reprehensible individual.  

He also lacks class, which is one of the main reasons I intensely dislike him.

The best day will be the one where I read he's dropped dead.  It can't come soon enough imho.

 

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MAGA people need to learn that it's OK to admit you were duped by a professional con man. However, they also need to understand that it's NOT ok to keep believing such ridiculous lies that have become so painfully obvious to everyone who doesn't fill their minds with the poop from Fox, the admitted NOT news outlet.

39 minutes ago, HappyExpat57 said:

MAGA people need to learn that it's OK to admit you were duped by a professional con man. However, they also need to understand that it's NOT ok to keep believing such ridiculous lies that have become so painfully obvious to everyone who doesn't fill their minds with the poop from Fox, the admitted NOT news outlet.

Yeah sleepy Joe and his gang of crooked loonies is a far better option ????.

2 hours ago, Zapitapi said:

orange man BAD syndrome much? the previous times he got pulled into legal absurdities such as his alleged russia connections and other incidents nothing was found!! but now its true because "it must be" 

 

na he going to walk and i dont see any reason why he wont be the next US pres.

Still Culting huh 

2 minutes ago, Jack Cook said:

Yeah sleepy Joe and his gang of crooked loonies is a far better option ????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Are you on a school afternoon break?