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this post was submitted on 30 Oct 2023
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Could still say he was not convicted of giving aid or comfort. Seems obvious he did, but without a trial not sure it would count. Although that would be an interesting trial as they track down the funding of these groups and how they are interconnected. Probably reveal some interesting players behind the scenes.
Conviction is not a prerequisite.
It doesn’t explicitly require one, but that’s what the Supreme Court could argue to strike it down. While you and I can say it’s obvious based on what happened, I’d rather have a conviction to take someone off the ballot, otherwise it would be exploitable.
There is precedent. Many Confederates were excluded from holding office, even removed from office, based on 14AS3, without convictions of any kind.
Didn’t know! Interesting many “were understood to be” disqualified. Most without trial, but they also didn’t attempt to run under that understanding.
https://www.citizensforethics.org/reports-investigations/crew-reports/past-14th-amendment-disqualifications/
It is only a relevant precedent if it was challenged and brought to the Supreme Court. Otherwise, it is merely untested.