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this post was submitted on 13 Aug 2023
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If convincted he's ineligible under the 14th amendment, which is technically binding without further actions. Of course he will still be allowed to run and it will be up to SCOTUs Imo they are not as sympathetic toward trump as most people here would believe.
He hasn't been charged with insurrection, so even if he's convicted the 14th amendment won't apply.
This is above my pay grade, but I think it is ultimately up to SCOTUS to decide, in the sense that the constitution can disqualify you from something even if you weren't charged with the relevant laws. In other words, even if insurrection wasn't a crime, and even if trump was not charged with any crime, I think SCOTUS still get to decide what is an insurrection and what isn't. I am just speculating I am not a lawyer.
While that is true, I think you're putting too much faith in the system. It requires a lot of people to put the US before their own safety (because almost guaranteed, any state that leaves trump off the ballot will have nutjobs trying to take potshots at government officials). Additionally, if he isn't elected, there will likely be another riot, especially if he was left off the ballot; and if he is elected and then forcefully removed from office, there will likely be an even bigger, bloodier one. I'm not totally convinced that the government won't take the easy path, and, if he's elected, make a big huff and fuss about it while avoiding anything tangible because they're too afraid of trumpites.
Yeah I agree with you. This is why I mentioned that he would still be allowed to run, ultimately someone would need to sue and get this to SCOTUS.