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re: Supreme Court Rules for Trump
Posted on 3/4/24 at 3:13 pm to flownthecoop
Posted on 3/4/24 at 3:13 pm to flownthecoop
quote:
Trying to follow what you are saying. You indicate that is not what the Opinion says then for right back and say that is what it says?
I'll try to type slower for you.
You said that it was up to Congress to make the section 3 "determination", and went further to say that impeachment should be the only process.
What the Court said is that Congress is in charge of passing enforcement legislation for Section 3. Congress can pass the "determination" aspect of Section 3 to another governmental body, such as the Courts via federal prosecutors like it did in the past.
quote:
The question regarding whether or not Trump was an insurrectionists was not put before the court. If it were, that is an easy question to punt back to Biden's DOJ and Jack Smith who declined to charge Trump with insurrection
The Colorado district Court held that Trump engaged in insurrection, and The Colorado Supreme Court upheld that determination.
If SCOTUS were to rule in Colorado's favor, it would have had to agree Trump engaged in insurrection, or at least agree that Colorado courts were free to make that determination.
So, the issue was before the Court, but it did not need to be addressed for their decision. Thus, it is still an open question.
I agree Trump has defenses to such a determination. The negative inference from a lack of charges is a weak one, however.
Posted on 3/4/24 at 3:29 pm to Dday63
You are trying to talk around yourself.
ANy reference I made to impeachment applies to questions of immunity, which were not the subject of this case.
SCOTUS said to Congress "do your job, its up to you to establish how the 14 is enforced."
The question SCOTUS answered was not whether Trump engaged in an insurrection. There is some discussion they could have addressed this. The only question they answered was that it was not up to a state (in this instance Colorado) to disqualify a candidate for federal office under Section 3 of the 14th.
It was a crafty limited answer in order for Roberts to get the 9-0 decision he desired in order to hopefully put an end to the 14th nonsense going on in various states.
ANy reference I made to impeachment applies to questions of immunity, which were not the subject of this case.
SCOTUS said to Congress "do your job, its up to you to establish how the 14 is enforced."
The question SCOTUS answered was not whether Trump engaged in an insurrection. There is some discussion they could have addressed this. The only question they answered was that it was not up to a state (in this instance Colorado) to disqualify a candidate for federal office under Section 3 of the 14th.
It was a crafty limited answer in order for Roberts to get the 9-0 decision he desired in order to hopefully put an end to the 14th nonsense going on in various states.
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