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re: Colorado is trying to disqualify Trump from the ballot
Posted on 9/7/23 at 9:31 am to AggieHank86
Posted on 9/7/23 at 9:31 am to AggieHank86
quote:
Because nothing in Section 3 requires a criminal conviction. AT MOST an adjudication with due process would be needed, which is why they filed suit.
What do you think the actual process would look like? Trump is not a named Harvey so he would not present evidence. I cannot fathom how this would work to allow for a lawnmower determination.
Would it be civil standard of proof or criminal?
Posted on 9/7/23 at 9:39 am to dafif
quote:
Trump is not a named Harvey so he would not present evidence.
I assume you meant Defendant? Trump is a named Defendant. The suit is against the Colorado Secretary of State, and Donald Trump.
And the case is in Colorado State Court.
Let's go ahead and get this issue into the courts!
Posted on 9/7/23 at 9:46 am to dafif
quote:There was a long thread on this issue a day or two ago, involving 4-5 of the brighter lawyers on the PT. Worth reading.
Because nothing in Section 3 requires a criminal conviction. AT MOST an adjudication with due process would be needed, which is why they filed suit.quote:
What do you think the actual process would look like?
In short, the consensus was the criminal proceedings are not required by Section 3, but that some proceedings consistent with "due process" would be required ... e.g. not just a unilateral decision by a state AG.
quote:I assume you are dictating and not proofreading, so I don't understand the "Harvey" reference (or "lawnmower"), but he IS a named defendant. Check the Complaint, which I linked on p.2.
Trump is not a named Harvey so he would not present evidence
quote:Personally, I think it would be a civil (MLTN) standard, precisely because Section 3 does not include any "criminal" references.
Would it be civil standard of proof or criminal?
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