If that's so, then they will decide in Trump's favor. If not...
You've got that a bit turned around. The effort in Colorado, Michigan and Minnesota is to remove him from the ballot. If he is removed from the ballot, he cannot possibly be elected.
Yep
Yep
Your text is in error. Here is the actual text of Section 3
"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."
The text here includes "...or hold any office, civil or military, under the United States or under any state". That description WOULD include the office of the presidency.
I agree with you that Trump has certainly not been convicted of insurrection and one would think that would nip this in the bud, but I have yet to see it mentioned by any of the pundits or experts. I'm curious whether or not everyone affected by this following the Civil War went through a trial and was convicted of insurrection. I suspect they were not; that publicly declaring loyalty to the Confederacy was effectively a de facto admission of insurrection.
That Trump was acquitted by the senate in his second impeachment, however, is irrelevant. Impeachment is not a criminal trial. Someone could be impeached and convicted by Congress and then indicted and convicted by the courts for the same crime without double exposure. They could be acquitted by one and convicted in the other. There is no jurisdictional overlap
The text of section 3 does not say that the section itself may be voided by a two-thirds vote of Congress but that the political disability of an affected individual may be removed. Section 3 is part of the US Constitution and may not be voided by a simple statute.
thefederalist.com
www.thefederalcriminalattorneys.com
www.aclu.org
nypost.com
