Reply to Colorado case. To keep Trump off ballot

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I am as anti trump as they come.  I think the SC should reinstate Trump on the ballot.

I know that he formented an insurrection against the US.  We all saw it.  But I think before we can invoke the constitutional escape hatch, he must be convincted of this crime.

Let’s beat him at the ballot box.  [/quote]
If the 14th amendment doesn’t cite criminal conviction as a prerequisite for precluding someone from holding office, why do you think conviction is a must?[/quote]

I agree there is no direction in the 14th amendment as to how one should determine if someone has formented an insurrection.   I do think something with objective criteria should be put in place so we have a standard across states.  If not through the leg branch (preferred), through the judicial branch as is happening now.  I just happen to think the SC should choose a high standard in their creation of the criteria.  A conviction on related charges would be what I would choose.

[/quote]

My prediction - there will not be a decision on whether there was an "insurrection" by SCOTUS. [b] There has been no TRIAL for insurrection. [/b] 
It will be determined on the basis of Section 3 of the 14th Amendment - that the president is not included in this.  
And, it would not surprise me if the decision is 9-0.[/quote]
There was a trial, though. Why do you now know this?

“There was a trial conducted for the sole purpose of determining — both factually and legally — whether Trump engaged in insurrection against the Constitution.

Indeed, there was a full-blown evidentiary proceeding conducted under the Colorado rules of evidence and presided over by an experienced trial judge. The judge:
(1) heard live testimony by a significant number of witnesses,
(2) evaluated live expert witness testimony and analysis,
(3) received various types of exhibits:
· Video evidence (including of Trump admitting key facts)
· Tweets (Trump admitting key facts)
· Documents (including information from the Secret Service and the FBI)
· Factual findings reported by the seasoned former prosecutors and investigators on the January 6th congressional committee, and
(4) analyzed legal materials from conservative constitutional scholars and others regarding the meaning of the word “insurrection” in Section 3 of the 14th Amendment to the Constitution (containing the insurrection disqualification provision).
After reviewing all the testimony and the applicable law, the trial judge found that Trump “engaged” — indeed incited — an insurrection against the Constitution (“a public use of force or threat of force by a group of people to hinder or prevent the execution of law”; which, in this case, was hindering the quintessential constitutional function of certifying the results of a U.S. presidential election).”

You can find documentation of the trial here: https://www.courts.state.co.us/Courts/County/Case_Details.cfm?Case_ID=5240[/quote]

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