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this post was submitted on 04 Mar 2024
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Being convicted of a crime doesn't disqualify anyone; people have run for President from prison. And most of the people who attacked Congress on Jan. 6 would not be disqualified for it even if they are convicted of a crime for it.
Disqualification is not a criminal punishment. It's not a crime to be 34 years old, for example, or to have been born in another country. But those are still disqualifications, and they are and always have been enforced by the states.
The specific crimes I was thinking of were: impeachment for high crimes and misdemeanors or criminal conviction for treason.
"High crimes and misdemeanors" is a term of art that refers to acts committed by a public official which, while not necessarily a crime in themselves, are a violation of public trust.
For example, a president that accepted a foreign title of nobility without Congressional consent would have committed a high crime, but they couldn't be hauled into a criminal court for it.
Right.
Congress would control that, just like determining an insurrection was committed.
They didn't do that.
The media did.
The only thing Congress can do is remove Trump's disqualification under the 14th amendment. They can't decide whether he's disqualified in the first place.
The could have impeached him (again). And if the Senate convicted, he would have been ineligible to run again.
The 14th amendment doesn't require impeachment or criminal conviction, though. It's a completely different disqualification provision from impeachment.
For example, members of Congress cannot be impeached, but they can be disqualified under the 14th amendment. It makes no sense to roll impeachment and the 14th amendment into the same category of disqualification.