this post was submitted on 18 Nov 2023
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[–] YoBuckStopsHere@lemmy.world 222 points 9 months ago (14 children)

The judge just nullified the United States Consitution in support of Trump.

[–] TropicalDingdong@lemmy.world 121 points 9 months ago (4 children)

Her ruling makes no sense and shows complete disregard for the 14th amendment.

[–] danielton@lemmy.frozeninferno.xyz 34 points 9 months ago (1 children)

Let's face it. Nothing makes any sense anymore.

[–] Drusas@kbin.social 39 points 9 months ago

It makes plenty of sense, the reasons are just horrible.

[–] MisterMcBolt@lemmy.world 17 points 9 months ago (1 children)

We all know the only true amendment to these people is the 2nd.

[–] RIPandTERROR@lemmy.blahaj.zone 16 points 9 months ago (2 children)

Until minorities arm themselves

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[–] TropicalDingdong@lemmy.world 128 points 9 months ago (8 children)

REally?

Judge Wallace you are a complete fucking buffoon.

Either he did or did not engage in the insurrection. If he did he's off the ballot. If he did not, then he's off the hook.

This coward judge has doomed us all.

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[–] mateomaui@reddthat.com 107 points 9 months ago* (last edited 9 months ago) (1 children)

What bullshit is this? So any president can engage in insurrection as recognized by a court completely unpunished as long as they aren’t an officer in the military and “only a civilian”? Maybe this legal system does deserve to be burned to the ground if it’s that ignorant.

[–] ToastedPlanet@lemmy.blahaj.zone 70 points 9 months ago (21 children)

So any president can engage in insurrection as recognized by a court completely unpunished as long as they aren’t an officer in the military and “only a civilian”?

It's even weirder, because she is saying this phrase, "any office, civil or military, under the United States” does not cover the office of the president. Which is a terrible ruling as the president is a civilian officer and thus covered by section 3 of the Fourteenth amendment. The ruling comes off as a blatant misreading of the text.

Maybe this legal system does deserve to be burned to the ground if it’s that ignorant.

Our government is being infiltrated by fascists at all levels. We need to vote the fascists out.

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[–] zcd@lemmy.ca 77 points 9 months ago (4 children)

Hey America you guys are fucked

[–] NounsAndWords@lemmy.world 20 points 9 months ago (16 children)

What exactly do you think happens after we guys get fucked?

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[–] Kalkaline@leminal.space 17 points 9 months ago

Une guillotine, s'il te plaît, et peut-être une bouteille de courage.

Translation courtesy of Google Translate because lord knows I don't speak French.

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[–] Ranvier@sopuli.xyz 63 points 9 months ago* (last edited 9 months ago) (3 children)

From the 14th ammendment:

"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. "

What a terrible ruling. In what world is the president not a civil or military office? It's the highest civil and the highest military office! And they obviously take the oath to uphold the constitution too! This is a travesty.

The other rulings had a somewhat point with primaries technically being a party thing that's a private organization and not the real ballot. But this judge is just wiping their ass with the constitution.

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[–] elbucho@lemmy.world 58 points 9 months ago (29 children)

I think it's just possible that this might be the stupidest ruling I have ever seen. He's an insurrectionist, but apparently he's a special insurrectionist, and should be allowed to have another crack at the highest office in the country. What the expletive fuck?

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[–] Varyk@sh.itjust.works 53 points 9 months ago* (last edited 9 months ago) (1 children)

Wallace has concluded that "any office" does not include the office of the President of the United States. Fuck off, wallace

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[–] spaceghoti@lemmy.one 36 points 9 months ago (1 children)

Coward. I'm disappointed in my state.

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[–] BigMacHole@lemm.ee 32 points 9 months ago (1 children)

14th amendment: Engaging in Insurrection bars someone from political office. US Judges: Engaging in Insurrection does NOT bar someone from political office.

I can't wait for Republicans to protest this EGREGIOUS PERVERSION of our Constitution!

[–] Cosmonaut_Collin@lemmy.world 12 points 9 months ago (1 children)

Well, they claim that the liberals are making up all of the evidence in Trump's indictments. So in their view he should still be eligible.

[–] agent_flounder@lemmy.world 15 points 9 months ago

In a other article:

Wallace said she found that Trump did in fact “engage in insurrection” on Jan. 6 and rejected his attorneys’ arguments that he was simply engaging in free speech.

[–] Rottcodd@lemmy.world 28 points 9 months ago (10 children)

I hate to say this, but the judge is right and pretty much everyone on this thread is wrong.

What she's saying is that she believes that he engaged in insurrection, but that her belief is not sufficient to keep him off the ballot. And she's right.

It's going to have to be an established fact that he engaged in insurrection, and in a court setting, that means that he's going to have to be convicted.

Not just charged, and not just pretty obviously guilty - convicted.

Like it or not, just like anyone else, as far as a court is concerned, he's innocent until proven guilty.

[–] ToastedPlanet@lemmy.blahaj.zone 51 points 9 months ago* (last edited 9 months ago) (3 children)

A Colorado judge has ruled that former President Donald Trump “engaged in an insurrection” on January 6, 2021, but rejected an attempt to remove him from the state’s 2024 primary ballot, finding that the 14th Amendment’s “insurrectionist ban” doesn’t apply to presidents

Wallace concluded that “Trump engaged in an insurrection on January 6, 2021 through incitement, and that the First Amendment does not protect Trump’s speech” at the Ellipse that day. She also found that Trump “acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means.”

The provision explicitly bans insurrectionists from serving as US senators, representatives, and even presidential electors – but it does not say anything about presidents. It says it covers “any office, civil or military, under the United States,” and Wallace ruled that this does not include the office of the presidency.

“After considering the arguments on both sides, the Court is persuaded that ‘officers of the United States,’ did not include the President of the United States,” she wrote. “It appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath.”

Please reread the article. I've quoted the relevant sections. The ruling has nothing to do with Trump needing to be convicted. The judge explicitly states that she believes that the office of the president is not covered by the phrase "any office, civil or military, under the United States" and therefore is not covered by section 3 of the Fourteenth Amendment.

This ruling benefits Trump to the detriment of us all. The ruling seems to be grounded in the idea that the president is above the law. This ruling is a symptom of the fascist movement that is trying to take over our country. We can not afford to misunderstand this ruling. We need to see it for what it is, another blow to the foundations of our democracy. edit: typo

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[–] 1nevitableBetrayal@lemmy.world 37 points 9 months ago (1 children)

"What she's saying is that she believes that he engaged in insurrection, but that her belief is not sufficient to keep him off the ballot. And she's right."

Where did she say this? From the court order:

"The Court further concludes that the events on and around January 6, 2021, easily satisfy this definition of insurrection."

That's not the judge's personal opinion, that's the finding of the court. Further, the order explicitly says that Trump would not have to be convicted in order to be kept off the ballot:

"The Court does note that at no point in this proceeding has Trump (or any other party) argued that some type of appropriate criminal conviction is a necessary precondition to disqualification under Section Three. There is nothing in the text of Section Three suggesting that such is required, and the Court has found no case law or historical source suggesting that a conviction is a required element of disqualification."

The idea that a criminal conviction is necessary is so much without legal basis that even Trump's lawyers didn't try to argue that. The only reason that the judge didn't bar Trump from the ballot is that she doesn't believe that Section 3 of the fourteenth amendment applies to the presidency. The order is fairly clear that she does feel that there is sufficient evidence that he engaged in insurrection in order to keep him off the ballot, but only if he were running for a different office.

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[–] breakfastmtn@lemmy.ca 18 points 9 months ago

That's not what the ruling says. She ruled that he did engage in an insurrection as a matter of fact but that the 14th amendment doesn't apply to him as a matter of law because the president isn't an officer of the United States.

[–] Ranvier@sopuli.xyz 14 points 9 months ago

No, she did rule that he engaged in insurrection, and would have removed him from the ballot except she didn't think the wording of the 14th amendment applied specifically to presidents (just all other elected and appointed offices). Which is an asinine reading.

[–] otter@lemmy.dbzer0.com 12 points 9 months ago (1 children)

Are you fucking high, or simply didn't read the actual text in the slightest?

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[–] oyo@lemm.ee 22 points 9 months ago

She knows her ruling is fucking stupid. All she is saying is "I'm gonna try not to get killed by some extremist while this gets appealed to higher courts."

[–] Rapidcreek@reddthat.com 21 points 9 months ago (2 children)

The problem is deeper than Trump, it’s the entire Republican Party. Ultimately, judges and prosecutors aren’t going save us. In democracies, the people have to save themselves at the ballot box.

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[–] PeleSpirit@lemmy.world 21 points 9 months ago

I watched this trial, I saw the arguments and this really pisses me off. The defense was incredibly bad when talking about holding office. The Minnesota one I get, it was more about the RNC and DNC choosing their own people to represent them. This one though, the petitioners gave so many examples of how it’s an office and the defense was like, “nuh ah.” I thought I would be okay with whatever she decided but this seems like she thought she was in law school and having fun debating about it. I’m glad she called out the insurrection, but does it help?

[–] NegativeLookBehind@kbin.social 20 points 9 months ago (2 children)

So Colorado government is complicit with treason. Got it!

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[–] PeepinGoodArgs@reddthat.com 18 points 9 months ago (1 children)

However, in the Court’s view there is a difference between the Secretary having the authority to prohibit a candidate from being put on the ballot based on what Ms. Rudy described as “an objective, knowable fact” and prohibiting a candidate from being put on the ballot due to potential constitutional infirmity that has yet to be determined by either a Court or Congress. The Court holds that the Secretary cannot, on her own accord, keep a candidate from appearing on the ballot based on a constitutional infirmity unless that constitutional infirmity is “an objective, knowable fact.” Here, whether Trump is disqualified under Section Three of the Fourteenth Amendment is not “an objective, knowable fact.”

Yeah, this keeps failing because Trump is somehow immune to consequences. If only one single consequence lands, it'll set a precedent. I bet Trump will get legally fucked in every way, even if it's just a slap on the wrist that recognizes he engaged in an insurrection.

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[–] reagansrottencorpse@lemmy.world 16 points 9 months ago (12 children)

"any office"

Oh but not this time.

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[–] JeeBaiChow@lemmy.world 14 points 9 months ago (2 children)

Guess that bone spur bullshit really paid off for him. What a gigantic crock! Shame on the entire US.

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[–] Jaysyn@kbin.social 13 points 9 months ago

Judicial malpractice.

She should be removed from the bench.

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