this post was submitted on 17 Sep 2023
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There it is, plain as day. He literally just admitted to his crimes.

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[–] Nougat@kbin.social 96 points 1 year ago (16 children)

Didn't he also talk about how "all those J6 people were treated very badly" and he would "look into" pardoning Enrique Tarrio and others?

Tarrio was convicted of seditious conspiracy.

18 U.S.C. § 2384 states:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined or imprisoned not more than 20 years, or both.

Suggesting the possibility of a pardon for someone convicted of seditious conspiracy is "giving aid or comfort to the enemies [of the US Constitution]."

Trump is ineligible to hold office, per the 14th Amendment, Section Three.

[–] noevidenz@infosec.pub 2 points 1 year ago (1 children)

I agree that he ought to be disqualified from holding office per the 14th Amendment, however I doubt it will apply.

U.S. Const. amend. XIV, § 3:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

I've bolded the parts which might apply to Trump.

executive or judicial officer of any State

He was an Executive, but not of any State, so he doesn't meet that condition.

officer of the United States

"Officer of the United States" has an established meaning in the constitution as, essentially, "officers appointed by the President" (with approval from the Senate).

U.S. Const. art. II, § 2, cl. 2:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

If we take this list to be exhaustive, then Officers must be appointed by the President and are not elected by the public, therefore the President himself is excluded from the definition of "Officers of the United States".

The Supreme Court has followed this reasoning in the past.

United States v. Mouat, 124 U.S. 303 (1888)

Unless a person in the service of the government, therefore, holds his place by virtue of an appointment by the President or of one of the courts of justice or heads of departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States.

And Justice Roberts has used this reasoning more recently.

Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U.S. 477 (2010):

The diffusion of power carries with it a diffusion of accountability. The people do not vote for the “Officers of the United States.” Art. II, §2, cl. 2. They instead look to the President to guide the “assistants or deputies … subject to his superintendence.”

And finally

having previously taken an oath

The oath taken by those Congress and Officers of the United States (and all others listed in U.S. Const. amend. XIV, § 3) is a different oath to the one sworn by the President, and it may be argued that the oath U.S. Const. amend. XIV refers to is explicitly that sworn by members of Congress and other Officers, not the Presidential Oath of Office. (Although this to me is the weakest part of the arguement.)

While I completely agree that by any reasonable standard Trump ought to be disqualified from holding office per the 14th Amendment, it is unfortunately not a reasonable standard that he will be held to. It is this Supreme Court's standard.

[–] Nougat@kbin.social 4 points 1 year ago* (last edited 1 year ago) (1 children)

tl;dr: 14A S3 doesn't apply to a current or former President, because that office is somehow excluded from the list of offices for which an oath must have been taken.

That is such a technical reading, and it seems ridiculous that 14A S3 was written specifically to exclude Presidents, as though they wanted to make sure that an Anti-Constitutional President could hold office again, while making sure to exclude every other single office available to be held, elected or appointed, in the entire rest of the federal government and the entirety of every state government.

And you're right, you fucker. Fuck you for making me know this. I mean that with the utmost respect.

[–] joel_feila@lemmy.world 2 points 1 year ago

Well lets see how that holds up in court. Some states are filling a law suit saying that because jan 6th trump can't be on ballot. And these suira are mostly Republican filed

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