Hearings began is week in Colorado and Minnesota on whether the 14th Amendment disqualifies Trump from running for president in 2024 because of Jan. 6

Hearings began this week on whether the 14th Amendment disqualifies Donald Trump from running for president in 2024 because of his actions around the Jan. 6 attack on the U.S. Capitol.

On Monday morning in Denver, a historic five-day evidentiary hearing began for a lawsuit filed against Trump by six Republican and unaffiliated Colorado voters represented by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW).

A similar hearing is set for Thursday in Minneapolis.

CREW President Noah Bookbinder has said that his organization brought its suit in Colorado because “it is necessary to defend our republic both today and in the future.” The group’s complaint accuses Trump of inciting and aiding the mob at the Capitol two years ago, which he denies. He was impeached on similar charges but acquitted by Republicans in the Senate.

  • PlasticExistence@lemmy.worldEnglish
    26·
    1 year ago

    “Another qualification is that you have not engaged in insurrection or rebellion, or given aid or comfort tp the enemies of the United States, after having taken an oath as an elected official to support the Constitution.”

    This has to be proven. Obviously it happened, but from a legal standpoint, that has not yet been proven in court.

    • Nougat@kbin.social
      10·
      1 year ago

      Can you show me what part of Amendment 14, Section Three, states that a conviction is required?

      • PlasticExistence@lemmy.worldEnglish
        26·
        1 year ago

        Can you show me where it doesn’t?

        The fact is that this is untested legal grounds, which is why it’s headed for court in multiple venues. As usual, the Constitution is vague and open to interpretation. I personally hope he is barred from running, but I stand firm that nobody should ever be stripped of any rights without a conviction first. Doing otherwise is a scary precedent.

        • Nougat@kbin.social
          10·
          1 year ago

          Here’s where it’s not stated:

          Amendment 14, Section Three:

          No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

          It’s not untested legal ground. Many Confederates were disqualified from office on this basis, some were removed from office. There is precedent. Edit: There was a county office holder in … AZ? NM? I forget – who was essentially removed from the ballot on this basis. The judge found that Jan 6 was an “insurrection” and that he had “engaged in” it, but the election happened before any further action was taken, and the guy lost anyway, so it was moot.

          The Sweep and Force of Section Three is worth a read.

          Edit: The reason it’s going to court in multiple venues is because it is the job of the Secretary of State for each state to determine who is and is not qualified to be elected. As such, it would be reasonable for a Secretary of State to disqualify Trump (at least) from the ballot, after which, Trump would file suit to reverse that. In the cases going on now, parties with standing are filing suit to compel the Secretary of State to perform the duty of their office.

        • Baron Von J@lemmy.world
          7·
          1 year ago

          Here is Section 3 (with emphasis added):

          No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

          I emphasized where it defines who is barred from office and doesn’t state a conviction is required.

        • takeda@lemmy.world
          2·
          1 year ago

          I wasn’t born in US, so I can’t be president, where’s my conviction?

          BTW: 14 amendment applies to people who were in the government, and broke their oath. It is basically enforcing it and preventing those people from being part of the government that they betrayed. There’s even a clause where house and senate can vote 2/3 to reinstate such person.