They didn't really discuss that much. The COSC has a fact pattern that the USSC didn't seen to engage much with. Trump's atty said that another state could determine eligibility on a different fact pattern and CO atty agreed. |
No one on Jan 6th has been charged or convicted of insurrection. |
The Colorado judges aren’t republicans. |
That’s for voters to decide. |
What do you think seditious conspiracy is? It's insurrection. |
Voters get to vote for whoever they want, yes. But only qualified candidates can be president. |
Luckily, Biden does remember that Trump is solely responsible for appointing three SC justices who took away a WOMAN'S RIGHT TO CHOOSE WHAT IS RIGHT FOR HER. This is all he needs to do! |
And as SCOTUS will explain in a likely lopsided decision, Trump is qualified according to the constitution. This isn’t even a difficult case. As for whether he is uniquely horrible, no, that is purely a call for the voters to make. Why are Dems so afraid of democracy? |
Quite literally not the same thing which is why they are separate charges. NYT: “While they clearly overlap, “sedition” centers more on plotting and incitement, whereas “insurrection” is generally understood to mean the actual violent acts of an uprising aimed at overthrowing the government.” Seditious conspiracy “is a federal crime found in Section 2384 of Title 18 of the United States code. That law makes it a crime for two or more people to actively plot to overthrow by force the federal government, to levy war against it, to unlawfully seize federal property or “by force to prevent, hinder or delay the execution of any law of the United States.”… Insurrection charges are considered difficult to prove and are exceedingly rare. While many people have called the events of Jan. 6 an “insurrection,” the Justice Department has not charged any rioters with that crime.” |
Yeah, the Fourteenth Amendment is expansive, it refers to being engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. Seditious conspiracy counts too. The Supreme Court didn't touch insurrection because Trump will lose under that. They need some other technicality. |
Michael Luttig on why the SC has no legitimate off ramp. There could be no more conservative than retired Judge Luttig!
https://thehill.com/regulation/court-battles/4455753-judge-supreme-court-trump-insurrection/ |
Luttig was livid yesterday. You can see just how disappointed he is in the intellectual bankruptcy of the mealy-mouthed SC Justices. |
Why are republicans so afraid of the constitution? |
No, their holding will not say he is qualified; it will simply say CO isn't the right forum to decide the 14th Amendment issue (which is incorrect anyways, but whatever). |
They established a procedure to remove the ineligibility because the ineligibility itself is self-executing. Otherwise, they would have felt the need to establish a procedure for declaring and for removing the ineligibility. |