• Aghast@lemmy.world
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    11 months ago

    Well shouldn’t the rule of law have a say? He hasn’t been convicted of anything that would bar him from office.

    He definitely should not be president but even he needs to face justice before states start arbitrarily banning him as a candidate.

    If more states bar him I have no doubt red states will start banning Democrat candidates and it will start an endless tit for tat chain of retribution. The only way it can be stopped is if he is convicted and then removed from ballot.

    • PM_Your_Nudes_Please@lemmy.world
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      11 months ago

      The 14th amendment doesn’t require a conviction. It was written in the wake of the civil war to unilaterally prevent any confederates from holding office, without needing to convict each and every one of them. The entire purpose was to preempt the need for a conviction.

    • IphtashuFitz@lemmy.world
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      11 months ago

      The insurrection clause says NOTHING about a conviction. It was written so as to apply to virtually every confederate soldier and other supporters of the confederacy, without needing to drag each and every one of them before a judge.

    • partial_accumen@lemmy.world
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      11 months ago

      If more states bar him I have no doubt red states will start banning Democrat candidates

      If those hypothetical democrats staged an insurrection against the United States in attempt to stay in office after they were voted out, I would support those red state’s bans.

    • Pratai@lemmy.ca
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      11 months ago

      He’s a twice impeached convicted rapist. What more do you need to keep him off the ballot?

      • DragonTypeWyvern@literature.cafe
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        11 months ago

        For that to disbar from the office.

        Fortunately, leading an insurrection does, and the post Civil War case law is very clear it doesn’t need a criminal conviction.

        This, btw, is common knowledge at this point, so if you see some idiot screeching about the “rule of law” just tell them this is the law.

        • Frigid@lemmy.world
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          11 months ago

          Sure, but we’re talking about a job application… I don’t think the difference matters there.

    • Corhen@lemmy.world
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      11 months ago

      Tell me you haven’t read the constitution without telling me you haven’t read the constitution…

    • DogMuffins@discuss.tchncs.de
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      11 months ago

      I have no doubt red states will start banning Democrat candidates

      They didn’t ban him because they didn’t like him. There’s a constitutional amendment that precludes him from being on the ballot.