Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.
Prominent conservative legal scholars are increasingly raising a constitutional argument that 2024 Republican candidate Donald Trump should be barred from the presidency because of his actions to overturn the previous presidential election result.
Is it though? Im not from the US so dont really have a dog in the fight, but hear me out.
On what basis should he not be allowed? Because he’s been indicted? Or because he was impeached? Both? Whatever the reason he would be barred would set a precedent.
Are there proper checks in place to ensure that the precedent set in place cant be met by simply stacking certain departments by a sitting president? The last thing you want is a pathway for a sitting president to effectively disqualify their opponent.
Clearly Trump is a monumental dickhead, but the problem is the people who vote for him more than anything
The US constitution bans anyone who leads an insurrection against the government from holding public office.
Problem is its not been proven yet
He doesn’t have to be found guilty of insurrection at trial for the clause to take effect - the bar is lower than that. All that’s necessary is that he be accepted by the court as having been somewhat involved either directly or indirectly.
That’s an interesting distinction thanks
On what basis? Because he committed a coup isn’t good enough?
Innocent until proven guilty still matters though, even when it seems like the justice system moves at a snail’s pace. His actions are coming down on him, and I think he’ll be behind bars before the election, but until then there’s no legal basis to block him from anything
It’s (legally) not decided whether he actually did.
He’s unfortunately smart enough to not simply say “let’s storm congress by force”. His messaging was vague enough that a trump-leaning judge could make an argument that he never intended this to happen. And letting things spiral out of control is not enough for an insurrection.
Because a vast swath of Americans, including most Republicans, want him to be able to run no matter what he does.
*attempted
Well both, of course.
What I think is insane is that the question of whether an impeached president can run again hadn’t been settled years ago. It’s just obvious. It shouldn’t be precedent setting. it’s something that should have been settled a long time ago.
A lot of us in the U.S. feel very strongly about what happened on January 6th, 2021, and the role he played in that.
Just read the fucking article. The legal reasoning is pretty clearly explained. You’re basically asking people to read it for you.