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this post was submitted on 18 Mar 2024
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Couy was found guilty of trespassing, while Trump is only facing charges, no verdict yet.
Surely you know this by now, a verdict is not required to invoke the ammendment.
Sadly it seems the Supreme Court thinks otherwise for presidential candidates.
Sadly this is why the supreme court is ILLEGITIMATE!
Not from the US, so I could easily be wrong. My understanding is that due process still applies as per the 5th amendment. It would need to be shown beyond a reasonable doubt that he played a role in the insurrection and charged federally.
Section 3 would then be self-executing (I.e. with immediate effect), unless this disability to hold office was removed as outlined in that section. Of course, this presumes a sensible interpretation of the wording used, and not what SCOTUS added - unnecessarily requiring congress to act to both instate and remove the disability to hold office.
It didn't apply the last time we barred ppl from office.
trespassing isn't insurgency
My point is that he's not found guilty of that yet.
My point is that we can infer he participated in the insurgency without his direct conviction for insurgency. The trespassing conviction is strong enough evidence to make the inference.
But Trump's role was public and undeniable. No inference is needed. His participation was directly observed by anyone old enough to make a judgement.