re: Wednesday or other SCOTUS experts, is this a trap?

quote:

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How can a state court determine a federal criminal insurrection statute using the state civil laws for burden of proof?

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Federal criminal statutes are not in play here.

A lot of people on this board have been assuming a conviction for insurrection is needed for Section 3 to apply. That simply isn't so. A federal insurrection charge didn't even exist when the 14th Amendment was ratified.

No Court that has ruled on Section 3 of the 14th Amendment has even suggested that a criminal conviction was necessary to invoke the disqualification.

A New Mexico court removed a county commissioner from office under the 14th Amendment just for being on the Capitol grounds on Jan. 6. The commissioner was only found guilty of criminal trespass.