• PupBiru@kbin.social
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    1 year ago

    holding public office doesn’t, and shouldn’t have the same bar as convicting someone… this isn’t restricting individual freedoms; this is about the leader of the most powerful country on earth

    • atzanteol@sh.itjust.works
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      1 year ago

      It should be a relatively high bar though. Any law you can use can be used by your opponents. MTG will be trying to use these laws to ban her opponents from office if this works.

      Our courts are reluctant to get too involved in political decisions - I don’t expect these challenges to succeed. “Don’t want him in office? Vote against him.”

      • PupBiru@kbin.social
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        1 year ago

        Any law you can use can be used by your opponents

        well GOOD! anyone who rallies a mob to overthrow the democratically elected government should never be allowed to run for office again

        this isn’t a “sides” issue… it’s irrelevant which “side” someone’s on

    • Jordan Lund@lemmy.one
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      1 year ago

      It does though. Impeachment, on it’s own, doesn’t bar someone from office, the conviction in the Senate does. Not convicted? Not barred from office.

      If you aren’t convicted then you’re simply accused and all accused have the presumption of innocence.

      In Trump’s case, yeah, I don’t LIKE it either. But let’s focus on convicting him first so there’s absolutely zero question on barring him from office.

      • Flying Squid@lemmy.world
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        1 year ago

        all accused have the presumption of innocence.

        That is true in terms of penalizing someone criminally, but this wouldn’t be a criminal penalization. This would be a qualification issue.

        • Jordan Lund@lemmy.one
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          1 year ago

          That’s like saying felons being blocked from voting or owning guns isn’t a penalty, it’s a qualification issue.

          If you’re making the argument that it’s a consequence of criminal action, it very much is a penalty. But people don’t face legal consequences without convictions.

      • IphtashuFitz@lemmy.world
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        1 year ago

        As I mentioned elsewhere, the amendment was written the way it was to bar ALL members of the Confederacy from elected office after the Civil War ended. They engaged in insurrection so they were disqualified. They weren’t all brought to trial afterwards and convicted of anything.

        • Jordan Lund@lemmy.one
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          1 year ago

          Forswearing the states and joining the Confederacy was a provable action though.

          You can’t prove Trump engaged in insurrection without a conviction, and, again, “Well, just LOOK at him!” is not a valid legal argument.

      • treefrog
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        1 year ago

        In Trump’s case, yeah, I don’t LIKE it either. But let’s focus on convicting him first so there’s absolutely zero question on barring him from office.

        The right will question it regardless. So how about we make not handing all of the nukes to that traitorous piece of shit our top priority.