this post was submitted on 05 Jan 2024
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[–] ericisshort@lemmy.world 236 points 10 months ago* (last edited 10 months ago) (39 children)

But that district court judge, Sarah Wallace, ultimately ruled that Trump could remain on the ballot because she said it was not clear that the drafters or ratifiers of the 14th Amendment intended to cover the presidency in the insurrection clause.

This part really pissed me off. The 14th amendment is pretty clear that it refers to any and all people. Is it just me, or is judge Wallace implying that it isn’t clear that the founders believed the president is a person?

[–] IHeartBadCode@kbin.social 163 points 10 months ago (20 children)

It does apply to the President. Colorado's judge erred here because they did not have access to Federal documents.

We have the minutes from the 39th Congress that literally indicates that it applies to the President.

Why did you omit to exclude them [The office of the President and Vice President]?

— Sen. Reverdy Johnson (D-MD)

Let me call the Senator's attention to the words 'or hold any office, civil or military, under the United States'

— Sen. Lot Morrill (R-MA)

It was a very specific question that was answered by the Senate while they were discussing it. So Judge Wallace's determination is incorrect on the merits. Judges can be wrong sometimes, that's why we have appeals.

[–] JPAKx4@lemmy.blahaj.zone 3 points 10 months ago (1 children)

The supreme Court reversed saying as much, however even with all Democrat judges the decision was 4-3. Dissenting judges were concerned about the lack of due process, basically Trump hasn't been convicted. This is despite the fact that Trump's legal representation did defend against the plaintiffs claims.

[–] Fedizen@lemmy.world 5 points 10 months ago* (last edited 10 months ago)

None of the confederates were tried as well so the due procese concerns would be a change in the usage of the statute. All you had to do was prove somebody was a confederate and the statute would apply.

Likely the supreme court will say its like a sparkling coup because it doesn't come from the Insurrection region of france because they will bend over backwards for Their Guy (tm)

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