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re: SCOTUS oral arguments on Trump vs Colorado

Posted on 2/8/24 at 1:50 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124712 posts
Posted on 2/8/24 at 1:50 pm to
quote:

So your position is Trump did not "engage in insurrection"? That's a fair position, but as far as I could tell it didn't even come up in oral arguments today.
Kavanaugh questioned why Trump should be removed from the ballot when he has not been convicted of inciting an insurrection. Kav cited the federal statute for insurrection as a means to that end, and noted Trump had not been charged IAW it.
Posted by Dday63
Member since Sep 2014
2329 posts
Posted on 2/8/24 at 1:54 pm to
quote:

Kav cited the federal statute for insurrection as a means to that end, and noted Trump had not been charged IAW it.



But that doesn't address whether Trump could be found to have "engaged in insurrection" for purposes of the 14th Amendment. The whole point of Section 3 is to disqualify oath breaking insurrectionists even if they have not, or cannot, be convicted.
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