As irrelevant to this as the Senate acquittal. |
His "acquittal" by the Senate would be equivalent to a hung jury in a criminal trial. It doesn't have preclusive effect on future proceedings. |
Relevant. |
They'll have to ignore precedent to pretend that a conviction is necessary for exclusion from the ballot under the 14th amendment. (Which I know they will happily do to get the result they want. The "originalists" on the Supreme Court are perfectly happy to play Calvinball with the Constitution whenever it suits them.) |
Of course it has to be a criminal proceeding. Barring someone from the ballot on the 14th Amendment is a function of engaging in a crime and a serious one at that as insurrection is only one step removed from treason. Both the 14th Amendment, which guarantees due process of law and the 6th Amendment which guarantees a trial by jury and a right to face one's accuser have been violated. Colorado claims to have held a hearing and they did at their district court level but they did not issue an arrest warrant for Trump nor compel him to appear in the dock and therefore he has had no substantive due process. You guys keep switching sides depending on what your strategy is. If it's not a crime, then the 14th amendment doesn't apply. So, make up our minds for us, and STICK with an argument. |
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Impeachment has two votes associated; one to convict and a second to bar from running in the future, or holding any federal office. The second requires only a majority, so if you lose the first and the Senate decides to take the second vote you are done, since the odds of losing that one are near 100%. There's plenty of reason to believe Biden has committed potentially-impeachable offenses. Not just the shenanigans that allegedly involve bribery and Hunter either -- one can argue quite-cleanly that refusing to protect the nation from unbridled illegal immigration is impeachable as well. Remember that impeachment is a political, not a criminal process; that is, it doesn't have to involve a felony. So what stops Florida and Texas, for example, from removing Biden from the ballot without him being impeached and removed first under the exact same set of standards? How about every single GOP Governor state doing the same thing? Nothing prohibits that if what Colorado did stands; it is the precise same thing -- the imposition of a punishment without due process, and just as in the case of the 14th Amendment there is such a punishment available in the event of impeachment. |
Colorado “claims to have held a hearing” because they did conduct an entire five-day trial. Hundreds of exhibits. A 2,117-page transcript. And they subpoenaed Trump but he didn’t show up. His attorneys were there to represent him, and they put on witnesses and presented evidence. |
You said engaged, not convicted of. Are you finally getting it? |
According to your theory, none of the confederate leaders were barred from office by the 14th amendment. |
In your opinion, exactly which action of his makes him guilty of insurrection? |
The Constitution does not say "convicted" but rather "engaged" - the plaintiffs proved Trump engaged in the insurrection. Y'all can't have it both ways on being textural with respect to the plain language of the Constitution. |
There is actually no reason to believe Joe Biden has engaged in any treasonous acts. None. The rest of your post is drivel because it eminates from something that has no basis in reality. |
Not PP but my opinion doesn’t matter when a federal judge’s opinion which survived two levels of appeal does. |