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re: Jamie Raskin: No "Criminal Conviction" Needed To Bar Trump Via 14th Amendment

Posted on 11/16/23 at 6:14 pm to
Posted by Taxing Authority
Houston
Member since Feb 2010
63364 posts
Posted on 11/16/23 at 6:14 pm to
So a Congress gets to decide who can/can't run for president? Sounds like the very definition of a "threat to demcracy".
Posted by FreedomBarefoot
42° parallel
Member since Aug 2016
2578 posts
Posted on 11/16/23 at 6:17 pm to
This is how you act when your spouse made a Q drop.
Posted by shoelessjoe
Member since Jul 2006
11404 posts
Posted on 11/16/23 at 6:18 pm to
No better way of saying you are scared of Trump without actually saying you are scared of Trump. These democrats are cowards with the way they try to rid themselves of him. Only thing worse are the ones that don’t know any better but believe what those cowards are saying. Those people are stupid and cowards.
Posted by davyjones
NELA
Member since Feb 2019
36755 posts
Posted on 11/16/23 at 6:32 pm to
quote:

No better way of saying you are scared of Trump without actually saying you are scared of Trump.

We’re inching closer and closer toward the period of acceptance by the left and Trump hating Republicans insomuch as there’s likely no avoiding Trump’s return to the White House come January 2025. We may even begin to see a bizarre trend of relaxing the vitriol towards him from “high profile” officials and politicians who have acknowledged concern themselves about the fact that they’ve made themselves targets of a President who’s preparing himself to use every tool possibly available to right some lingering wrongs that need addressing. I’m not suggesting that we’ll see people starting to “suck up,” but rather fade into the shadows from their former positions of squawking and squabbling.
Posted by themunch
bottom of the list
Member since Jan 2007
71958 posts
Posted on 11/16/23 at 6:55 pm to
They did not need evidence to IMPEACH
Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 11/16/23 at 7:03 pm to
Raskin is a moron.
Posted by Antoninus
Ravenna
Member since Sep 2023
1089 posts
Posted on 11/16/23 at 7:08 pm to
quote:

Without a conviction there is no guilt under the Constitution: innocent until proven guilty.
Dumbest thing I have read all day. The 14th was a Civil War Amendment, and the drafters clearly did not intend to exclude former Confederates ONLY if there had been a criminal conviction of THAT Confederate.

How do we know this? Because they excluded from office THOUSANDS of former Confederates who had not been tried and convicted of anything.

"Innocent until Proven Guilty?" Damn, you did actually just apply a criminal law burden of proof(ish) axiom to a non-criminal proceeding. Just ... wow.

Now, the INTELLIGENT argument is that Trump's "acquittal" in the impeachment proceedings (italicized because the Constitution does not use that language) releases him from the strictures of the Insurrection Clause, as an adjudication that he DID NOT engage in insurrection.

Textually, I don't think that argument holds up, but that does not much matter, for several reasons. The first is a legal argument. Based upon the language of the Presidential Oath, the Insurrection Clause is not applicable to the office of POTUS. Second is pragmatic. It would be hard to find a judge anywhere in this country who is going to exclude Trump from a ballot under the Insurrection Clause. 99% of judges will see that as a political dispute in which the Judiciary just does not have a legitimate role.
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 11/16/23 at 7:22 pm to
quote:

Dumbest thing I have read all day.


You're close to breaking, aren't you Hank.....
Posted by dafif
Member since Jan 2019
8428 posts
Posted on 11/16/23 at 7:53 pm to
You are still a bloviating idiot

Just fyi there is a federal law that addresses this
Posted by Antoninus
Ravenna
Member since Sep 2023
1089 posts
Posted on 11/16/23 at 7:59 pm to
quote:

Just fyi there is a federal law that addresses this
Nope. But feel free to post the cite to the statute that you THINK applies.
Posted by dafif
Member since Jan 2019
8428 posts
Posted on 11/16/23 at 9:13 pm to
You are beyond dumb

18 U.S. Code § 2383

You should also be banned again hank
Posted by olddawginCa
Member since Aug 2023
811 posts
Posted on 11/16/23 at 9:22 pm to
Raskin's full of.shite.
Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 11/16/23 at 11:55 pm to
quote:

The 14th was a Civil War Amendment, and the drafters clearly did not intend to exclude former Confederates ONLY if there had been a criminal conviction of THAT Confederate.


The amendment is silent on this.

quote:

How do we know this? Because they excluded from office THOUSANDS of former Confederates who had not been tried and convicted of anything.


This is false. The organization that launched a lawsuit to remove a guy in NM under the 14th amendment has even admitted this, by stating that only 8 people were subject to this disqualification from the amendment. Most of these were the result of court adjudications (I don't know the burden of proof in those) and a couple were the result of Congress refusing to seat a member, which is dubious because it means Congress can ignore all the voters and seat whomever it pleases. IIRC the Constitution's provisions are about conduct and regulating that conduct while in Congress but not overriding the voters and determining who can go to Congress.

I am convinced that disqualification by civil action is unconstitutional, unless these were accompanied by people that admitted their actions with the Confederacy, which seems to have been what happened back then, and thus, these types of cases hold no sway with the Trump situation. And it's known that back in the Reconstruction Era many people interpreted the disqualification on their own, freely admitted to having been part of the Confederacy, and sent in requests to Congress to get a vote for forgiveness so they could run for office. None of this supports your claim.

quote:

"Innocent until Proven Guilty?" Damn, you did actually just apply a criminal law burden of proof(ish) axiom to a non-criminal proceeding. Just ... wow.


There is no "proceeding" that stems from the 14th amendment directly. However...It has to be a criminal burden and it must be decided in a suitable setting because the punishment is in line with criminal proceedings. People are otherwise able to vote, hold office, etc, unless their conduct is the subject of criminal proceedings. Criminal felony proceedings are required to strip away these freedoms. If there isn't a criminal burden then Congress can simply meet and declare whatever they want, about whomever they want, and start disqualifying people with no burden, no checks, no balances, no scrutiny, no adversarial procedure and so on and so on. This would be tyranny. Running for and holding office is a right covered by the Bill of Rights and is not among the enumerated rights, yet still a right, if you insist it is not protected by the First Amendment.

Political speech, presenting grievances etc are the types of things protected by the First Amendment and a political campaign is an extension of political speech and also protected. These efforts to get rid of Trump's candidacy by throwing around the 14th Amendment, without a court adjudication, and in light of impeachment/removal failing, are tantamount to a conspiracy against his rights and election interference.

Dumbasses like Raskin should be very careful with this course of action. Insurrection can obtain a very loose interpretation if we go down this road and a President - the man charged with enforcing the laws in this nation - can cast a very wide net over the Democratic Party with this and unilaterally determine a lot of 'insurrection' using the same logic as Democrats are trying to employ right now. A President that does this can declare every action of a Congress that seats such members to be invalid, and a whole lot more.
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 11/17/23 at 12:20 am to
quote:

Raskin is a piece of shite.



Are you an anti-semite?
Posted by Squirrelmeister
Member since Nov 2021
3694 posts
Posted on 11/17/23 at 12:24 am to
quote:

Stuff like this, no matter how much I think Trump has devolved into a buffoon makes me think he’s the right choice


If the VP running mate was a trustworthy constitutionalist, I would vote for Trump if he was in a vegetative state worst than Biden.
Posted by Antoninus
Ravenna
Member since Sep 2023
1089 posts
Posted on 11/17/23 at 8:30 am to
quote:

Just fyi there is a federal law that addresses this
quote:

Nope. But feel free to post the cite to the statute that you THINK applies.
You are beyond dumb. 18 U.S. Code § 2383
As expected, you cite an irrelevant statute. Section 2383 is a criminal statute and has no bearing whatsoever upon eligibility for elected office. But do feel free to try again.
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 11/17/23 at 8:32 am to
quote:

You should also be banned again hank




"I'm not Hank....there's Hank right there....
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
63419 posts
Posted on 11/17/23 at 8:51 am to


This post was edited on 11/17/23 at 8:52 am
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 11/17/23 at 9:10 am to
quote:

Section 2383 is a criminal statute and has no bearing whatsoever upon eligibility for elected office.


Since when are the Fascists trying to stop Trump running for office depending on precedent, ACTUAL Law or right and wrong?

Feel free to try again....
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115435 posts
Posted on 11/17/23 at 9:12 am to
frick that POS. The fact he beat cancer when millions of better people didn't makes me question the existence of a higher power.
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