Trying to Bar Trump From 2024 Ballot Is Unconstitutional and Lawfare at Its Worst

[Crepitus]

Couldn't resist to prove you are an idiot once again?

Prove it's not.

 

[dudmuck]

Soros-Funded Leftists Turn To Lawfare To Defeat Trump

A left-wing organization that exists to abuse the legal system to harm Republicans is launching a Hail Mary to take Trump off the ballot.

thefederalist.com

in case that can't beat Trump at the polls, they will use Soros funded legal BS to do so. The Colorado case to illegally keep Trump off the ballot will no doubt go the USSC since the left wing loons control Colorado from top to bottom.

the text of section 3 of the 14th amendment:

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.

which means its does apply to the president's office, not just electors.

 

[Leo123]

1. That's Trump's defense? The former president can be as lawless as he wants and is above the law and the writers of the amendment didn't mean him?? No wonder the trial moved forward with merit in Colorado.....where 6 Republicans are challenging him in court, (with the help of a Democratic group of legal eagles) Trump was the Chief Executive Officer of the United States, he's included.

2. People were charged with Sedition, Seditious Conspiracy for 1/6 and convicted of it, with near 20 year sentences....the penalties for sedition are even greater than a simple insurrection.... Trump, in the least, aided and abetted the enemy by sitting idle for 3 hours and not calling it off or sending in help, while Ashley Babbitt was killed...and others, and by telling 1/6 convicted felons, he would pardon them.....

The section of the 14th requires No Charges or convictions..... So we will see how the case turns out..... ???

This is where it seems to me, that more should be needed..... though by reading it plainly, no more is required?

Even if Trump lost, he could request full congress, to allow him to run, if 2/3s say yes, then he can.

The former President (Trump) was not 'lawless.) The DOJ and the FBI are the lawless ones and you support it because of your unfounded seething hatred of Trump.

 

[eagle7-31]

Dear Lord.
This has been Debunked.
Why are you still fooled?



I know, it's a cult thing.

Oh its been spun, but Biden's own words are still there.

 

[Winco]

Oh its been spun, but Biden's own words are still there.

What were the WORDS from the truncated video?

 

[eagle7-31]

the text of section 3 of the 14th amendment:

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.

which means its does apply to the president's office, not just electors.

If such a thing happened you would be correct. But questioning election results and protesting does not qualify. Of course the one party jerks have lied like rugs about Trump in this so I expect nothing less.

 

[Leo123]

Wrong. She was shot because she was breaking through the last barricaded doorway to the House Chamber. Benedict Donald is practically and morally responsible for the riot and her death.

Wrong, she was shot for no reason whatsoever. She was not armed and got shot by a Capitol 'Barney Fife' cop that was previously charged with mishandling his firearm.

 

[dudmuck]

If such a thing happened you would be correct. But questioning election results and protesting does not qualify. Of course the one party jerks have lied like rugs about Trump in this so I expect nothing less.

invading the capitol & disrupting the electoral count isnt a protest. Its a coup attempt.

 

[eagle7-31]

invading the capitol & disrupting the electoral count isnt a protest. Its a coup attempt.

There was some loud and disorderly conduct yes and the protesters would have been smarter staying outside but what you say is a stone cold gutless lie just tying to create a one party leftist state.

 

[francoHFW]

~~~~~~
Wow! Even the ACLU is speaking out against the DSA Democrat Lawfare persecution against Trump. While brain washed ignorant people applaud the actions of the Socialist Left.

ACLU Files Brief Arguing Trump Gag Order Violates the First Amendment | American Civil Liberties Union

www.aclu.org

**********​

https://www.findlaw.com/legalblogs/law-and-life/aclu-defends-trump-against-judges-gag-order-on-free-speech-grounds/

**********​

Why the ACLU is going to bat for Donald Trump

Kudos to the ACLU for separating politics from principles and opposing the gag orders. Every American, including Trump, is guaranteed freedom to speak out against government.

nypost.com

except he keeps referring to the clerk to the judge which is a disgrace

 

[francoHFW]

There was some loud and disorderly conduct yes and the protesters would have been smarter staying outside but what you say is a stone cold gutless lie just tying to create a one party leftist state.

99% of the world thinks you are insane, including half of your party

 

[Catsnmeters]

Read my signature. You are the gullible one thinking there was not fraud.

No thanks.

Make a thread.

 

[Doc7505]

except he keeps referring to the clerk to the judge which is a disgrace

~~~~~~
Why shouldn't he when it's found they have deep ideological Leftist views that interfere with jurisprudence.

 

[francoHFW]

~~~~~~
Why shouldn't he when it's found they have deep ideological Leftist views that interfere with jurisprudence.

BS. Go back and take a civics class, brainwashed functional moron seditionist.....

 

[ThisIsMe]

Trying to Bar Trump From 2024 Ballot Is Unconstitutional and Lawfare at Its Worst​

Judges Have No Legal Authority to Bar Trump From 2024 Ballots

These anti-Trump ballot challenges are lawfare at its worst, trying to use the law and the courts as a political weapon.

www.dailysignal.com

2 Nov 2023 ~~ By Hans von Spakovsky

As state court proceedings get under way in Colorado, Michigan and Minnesota in lawsuits aimed at barring Donald Trump from appearing as a presidential candidate on the ballot in next year’s presidential election, the judges in those cases should understand that the text, history, and application of the 14th Amendment make it clear that they have no legal authority to take any such action.
Due to Trump’s supposed actions on Jan. 6, 2021, the challengers are trying to argue that Section 3 of the 14th Amendment, the disqualification clause, prevents him from being president even if he is elected, so he should be removed from the ballot by state election officials.
Section 3 provides that:

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

Because Trump allegedly engaged in an insurrection, according to the challengers, he is disqualified by Section 3.
There are three major legal problems with that claim, however.
Trump Didn’t Hold An Applicable Office
First of all, Section 3 only applies to individuals who were previously a “member of Congress,” an “officer of the United States,” or a state official. Trump has never been any of those.
He has never held state office or been a U.S. senator or representative, and the U.S. Supreme Court held in 1888 in U.S. v. Mouat that “officers” are only those individuals who are appointed to positions within the federal government.
Individuals who are elected—such as the president and vice president—are not officers within the meaning of Section 3.
~Snip~

No Conviction for ‘Insurrection or Rebellion’​

Second, no federal court has convicted Trump of engaging in “insurrection or rebellion” in violation of 18 U.S.C. §2383, which makes it a crime to engage in “any rebellion or insurrection against the authority of the United States.”
More importantly, in the second impeachment resolution of Trump on Jan. 11, 2021, he was charged by the House of Representatives in Article I with “Incitement of Insurrection.” Yet, he was acquitted by the Senate.
Given our federal constitutional system, state and federal courts should not gainsay the findings of Congress on this issue. The risk of inconsistent rulings from state and county election officials, as well as from the many different courts hearing these challenges, could cause electoral chaos.
~Snip~

Section 3 No Longer Extant?​

Third, there is an argument that can be made—and which was already adopted by one federal court—that Section 3 doesn’t even exist anymore as a constitutional matter.
Keep in mind that the 14th Amendment was ratified in 1868 after the end of the Civil War. It was aimed at the former members of the Confederate government and military who had previously been in Congress or held executive posts.
All of the challengers filing lawsuits to try to remove Trump from their state ballots are ignoring the final sentence in Section 3, which is a unique provision found in no other amendment to the Constitution. It allows Congress to remove the disqualification clause “by a vote of two-thirds of each House.”
Congress voted to remove the disqualification twice. The Amnesty Act of 1872 stated that the “political disabilities” imposed by Section 3 “are hereby removed from all persons whomsoever” except for members of the 36th and 37th Congresses and certain other military and foreign officials.


Commentary:
Excellent, reasoned and backed by historical fact, SCOTUS rulings and Congressional Acts by the author Hans von Spakovsky.
Democrat Socialists of America Commies use of Lawfare is obviously subjective and unconstitutional. Any judge participating in such shenanigans, should face pushback and disbarment.

Also, don’t forget section 5 that says “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”, which they did by passing 18 US code 2383, which hasn’t been charged and nobody has been convicted.

Barring that, any attempts to ban him from ballots will likely be overturned in appeals or in the scotus.

 

[eagle7-31]

99% of the world thinks you are insane, including half of your party

99 percent of looney left wingers which does not amount to much.

 

[BasicHumanUnit]

Soros-Funded Leftists Turn To Lawfare To Defeat Trump

A left-wing organization that exists to abuse the legal system to harm Republicans is launching a Hail Mary to take Trump off the ballot.

thefederalist.com

in case that can't beat Trump at the polls, they will use Soros funded legal BS to do so. The Colorado case to illegally keep Trump off the ballot will no doubt go the USSC since the left wing loons control Colorado from top to bottom.

Great. Thanks for the newsflash......

Now back to your regularly scheduled Target shopping spree or Disney movie.

 

[BasicHumanUnit]

The only difference between the Far Rabid Left and the Far Rabid Right is that the former actually does more than bitch and whine constantly like the latter.

 

[lennypartiv]

The Deep State is entrenched in DC. It will take Trump all four years to drain the swamp.

 

[Delldude]

The Colorado case to illegally keep Trump off the ballot will no doubt go the USSC since the left wing loons control Colorado from top to bottom.

Kash Patel testified in that hearing today. He exposed the J6 lies.

Insurrection, Colorado, Trump and the 14th amendment and the J6 lies