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this post was submitted on 04 Mar 2024
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Except for the part where they punt to Congress as the sole arbiter of whether Trump engaged in insurrection. They absolutely know Congress won't get off its collective ass to enforce, because it's too broken to even pass a budget.
If a person cannot hold an office, they are typically also disqualified from running for said office, for exactly that reason. What would you do if an ineligible person won the election? That would be utter chaos.
Someone explained to me there is a procedure for an elected candidate who is ineligible actually wins the election.
If for any reason the president cannot carry out the duties of the office, it falls to the vice president. So you'd have to just skip the president and swear in his running mate.
It would still be utterly stupid, but surprisingly there is a process to handle the scenario.
They can't really sue to disqualify him in federal court because Congress hasn't defined any process to do so. They absolutely could if they wanted though. As of right now if I'm correct the only way to disqualify someone is if they're convicted of rebellion or insurrection under 18 U.S.C. § 2383 as it specifically lists it as part of the punishment. Or Congress could potentially disqualify someone directly by name -- it wouldn't necessarily be an illegal bill of attainder because it carries no criminal penalty.
More than anyone can imagine
That's a problem with Congress. That doesn't change the fact that we should not give Republicans a new route to undermine the voting process.