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this post was submitted on 28 Jul 2023
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Mr. Trump has already disqualified himself for the position of president under section 3 of the the Fourteenth Amendment.
This doesn't require a criminal conviction; an insurrectionist is simply not a valid candidate, just as a non-native-born citizen or a 16-year-old isn't a valid candidate. Arnold Schwarzenegger doesn't have to be convicted of anything to be an invalid candidate for US president; he's that because he was born an Austrian. And Trump doesn't have to be convicted first either; he made himself invalid through his involvement in the January 6 insurrection.
However, the Constitution is not magically self-enforcing.
It is up to the states to refrain from listing invalid candidates on the ballots issued to voters. If the states incorrectly list an invalid candidate on their ballots, it is the job of Congress to disqualify any electoral votes for an invalid candidate.
That is the means by which GOP senators can act in this matter: make it clear that he's constitutionally disqualified for the office for supporting a violent attack against Congress — and that, therefore, electoral votes for him will not be counted.
It is unlikely that they will do so, but that's the means available to them already.
That would take a minimum amount of backbone which none of those slimy worms possess.