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re: 14th Amendment applies to presidents, "expert" argues at Trump’s Colorado trial

Posted on 11/1/23 at 3:57 pm to
Posted by lake chuck fan
Vinton
Member since Aug 2011
23815 posts
Posted on 11/1/23 at 3:57 pm to
I'm sure the defense has an "expert" lined up to testify that Jan 6 doesn't meet the definition of an "insurrection".
At that point, it's two differing opinions. It's all such a sham, a mockery of our judicial system. Even worse that there are judges who support this lawfare and allow it to occur.
Posted by GBPackTigers
Louisiana
Member since Sep 2009
1646 posts
Posted on 11/1/23 at 4:00 pm to
I love how all the “experts” are radical liberals for everything. It’s comical to look at democrats of today and think, “they will certainly get this country going in the right direction”.
Posted by Captain Rumbeard
Member since Jan 2014
7179 posts
Posted on 11/1/23 at 4:01 pm to
Here's a guy who knows his way around a bag of dicks.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
38029 posts
Posted on 11/1/23 at 4:03 pm to
quote:

14th Amendment applies to presidents, "expert" argues at Trump’s Colorado trial

Someone should spend more time looking at the 25th Amendment and it's correlation to the current fraudulently installed White House occupant, in my humble opinion.

Also ...
quote:



Posted by davyjones
NELA
Member since Feb 2019
36755 posts
Posted on 11/1/23 at 4:03 pm to
That the guy knows how to handle the business end of a dick is just your assumption. And my assumption is that your assumption is probably correct.
Posted by Dday63
Member since Sep 2014
2393 posts
Posted on 11/1/23 at 4:14 pm to
quote:

Getting a liberal judge in Colorado to call it an insurrection so that the 10th Circuit can call him an idiot, so that it can be taken up to SCOTUS and 1,000,000 liberal-oriented PAC's can file amicus briefs which can be cited on MSNBC by Hakeem Jeffries.


You're not wrong, except that this is State Court so I think it will go straight from the Colorado Supreme Court to SCOTUS.

I'm just saying it's in the Courts now. Everyone complaining that a Court needs to decide these issues can relax, because that is what's happening.
Posted by Dday63
Member since Sep 2014
2393 posts
Posted on 11/1/23 at 4:18 pm to
quote:

I'm sure the defense has an "expert" lined up to testify that Jan 6 doesn't meet the definition of an "insurrection".
At that point, it's two differing opinions.


Yes, there will be two differing opinions. At that point the Judge will consider those opinions and form her own opinion. That's pretty standard for cases based on uncommon legal issues.

The case may be a sham, but not because there is a battle of legal experts.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
139027 posts
Posted on 11/1/23 at 4:32 pm to
quote:

The "expert":
Posted by Corso
Atlanta
Member since Feb 2020
12287 posts
Posted on 11/1/23 at 5:07 pm to
It's unreal how butt arse ugly progs are. Self hatred about you look leads to the party of widespread hatred I reckon
Posted by tgerb8
Huntsvegas
Member since Aug 2007
6630 posts
Posted on 11/1/23 at 5:24 pm to
quote:

Colorado’s secretary of state can be ordered by the court to keep him off the state’s ballot because of it.

If they keep him off the ballot but enough people write him in. what happens then?
Posted by Riverside
Member since Jul 2022
10836 posts
Posted on 11/1/23 at 5:51 pm to
There’s actual caselaw banning the use of expert testimony to explain the law. The judge is supposed to be the “legal expert” in a case.

quote:

[The expert’s] testimony as to the applicable legal standard was plainly erroneous, thus demonstrating the danger in allowing experts to testify as to their understanding of the law. Each courtroom comes equipped with a “legal expert,” called a judge, and it is his or her province alone to instruct the jury on the relevant legal standards.
Posted by Cuz413
Member since Nov 2007
11310 posts
Posted on 11/1/23 at 5:56 pm to
quote:

He flew in for the hearing, and boy were his ears tired.



LMAO, he probably heard you type that
This post was edited on 11/1/23 at 5:57 pm
Posted by Cuz413
Member since Nov 2007
11310 posts
Posted on 11/1/23 at 5:57 pm to
quote:

It's unreal how butt arse ugly progs are.


My exact first thoughts too. Like damn, these are some ugly arse people inside and out.
Posted by Indefatigable
Member since Jan 2019
37353 posts
Posted on 11/1/23 at 6:03 pm to
quote:

Everyone complaining that a Court needs to decide these issues can relax, because that is what's happening.

Fair enough.
Posted by BlueDogTiger
Member since Jan 2014
1444 posts
Posted on 11/1/23 at 6:05 pm to
The activities on Jan 6 only stop Trump’s allies in Congress from formally objecting to the Elections of the states. The “insurrection” started as soon as they called for the vote to accept Arizona’s election. Then the operation was shut down. Pelosi declared an emergency and they streamlined the vote certicaiton later that evening and push thru the electoral votes.

Who benefited from the “insurrection”?

Oh….and the process Team Trump used to object was change by congress in 2022.

quote:

In the time after voting ended in 2020 and results were certified, Trump and his team argued that then-Vice President Mike Pence had the power to interfere with the counting of electoral votes because the law as it currently stands names the vice president as the presiding officer over the joint session of Congress where those votes are counted.

Legal experts across the political spectrum debunked that reading of the law, but Trump's pressure campaign still led to the powder keg that erupted at the Capitol on Jan. 6, 2021, when chants of "Hang Mike Pence!" rang through the halls of Congress.

The update passed by the Senate would clarify that the vice president's role in the proceedings is purely ceremonial.

Importantly, the measure also would raise the bar for objecting to a state's slate of electors. As it stands now, it takes just one member of the House and one senator to challenge a state's electors and send both chambers into a potentially days-long debate period, even without legitimate concerns. The new legislation would raise the threshold for an objection to 20% of the members of each chamber.


LINK to Liberal NPR so you see that it actually happened
Posted by ynlvr
Rocket City
Member since Feb 2009
5551 posts
Posted on 11/1/23 at 6:06 pm to

LOL
Posted by Dday63
Member since Sep 2014
2393 posts
Posted on 11/1/23 at 6:10 pm to
quote:

There’s actual caselaw banning the use of expert testimony to explain the law.


Is there? Applicable in a Colorado State Court?

I litigate patent cases in federal courts. We sometimes use patent law experts to help explain very technical legal issues. Some judges deny them because it is their job to interpret the law, and they would rather have us write legal briefs than bring in a professor.
Posted by Riverside
Member since Jul 2022
10836 posts
Posted on 11/1/23 at 6:10 pm to
quote:

Who benefited from the “insurrection”?


You hit the nail on the head. This is the biggest point everyone has missed in regards to J6. The so-called insurrection effectively killed Trump’s legal challenges to the electors from the states where voting irregularities occurred.
Posted by Riverside
Member since Jul 2022
10836 posts
Posted on 11/1/23 at 6:15 pm to
I cited the actual caselaw from one of the federal circuit courts cited in the comments to FRE 702. Patent and trademark cases are a bit unique but ultimately expert testimony as to interpretation of a constitutional amendment or statute is inadmissible. This is hornbook law.

Attorneys can educate the judge as to the proper application or interpretation of the law through a brief. Allowing an expert to testify as to the law is basically like allowing someone to read a brief or law review article to the court. And for practical purposes, the cross-examination would essentially be an argument between counsel.
Posted by Speckhunter2012
Lake Charles
Member since Dec 2012
8663 posts
Posted on 11/1/23 at 6:15 pm to
quote:

Therefore, the 14th does not apply. If so, what are we doing here?


Simple answer in non-legalese.....OMB + TDS = Anything to get him and eventually, us.
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