1008
you are viewing a single comment's thread
view the rest of the comments
[-] themeatbridge@lemmy.world 154 points 1 year ago* (last edited 1 year ago)

The text of the section they are challenging (emphasis added):

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.

It's an exceptionally stupid argument, even for Trump. Obviously "preserve, protect, and defend" are all forms of support, so this challenge is quite possibly the stupidest legal argument they've made so far (which is an extremely high bar). But I suppose they don't think they can realistically claim that he didnt engage in insurrection.

[-] Tidesphere@lemmy.world 58 points 1 year ago

Hold up, if that's the crux of his argument, does that mean that his argument is

"I can't be barred from running because I never took an oath to support the constitution. Therefore my inciting insurrection is not covered by this clause. But I totally incited rebellion."?

[-] TechyDad@lemmy.world 41 points 1 year ago

"I crossed my fingers when I took the oath of office so it didn't count. Also, I'm rubber and you're glue. Whatever 14th Amendment you throw bounces off of me and sticks to you!"

-Trump's next legal arguments..

[-] Vorticity@lemmy.world 25 points 1 year ago* (last edited 1 year ago)

Unfortunately, I think it is "while I do not admit to starting a rebellion, whether I did or not is immaterial because 'preserve, protect, and defend' definitely doesn't include 'support'"

[-] danc4498@lemmy.world 8 points 1 year ago

He only needs to convince 5 Supreme Court justices.

[-] AFKBRBChocolate@lemmy.world 6 points 1 year ago

Yes, that's what they're arguing.

load more comments (17 replies)
this post was submitted on 14 Oct 2023
1008 points (97.2% liked)

News

23287 readers
2290 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS