Who was charged with insurrection?
Democrats are going to rig and steal it again, this shit needs to STOP!
Originally Posted by Supra
A response to your 2nd line statement: if you say so
A response to your first line question:
We await a Supreme Court resolution that will establish nationwide uniformity.
Meantime below is a scholarly discussion of the issues:
Section 3 of the Fourteenth Amendment has been “enabled” by a criminal statute that sets out punishment—including disqualification from office—for rebellion or insurrection.
Critics of the decision to remove Trump from the ballots point out that Trump was never charged under that criminal statute. Nor was he convicted for insurrection during his impeachment trial.
Section 3 doesn’t mandate a criminal conviction; and it doesn’t require proof beyond reasonable doubt. Moreover, even if Trump was not convicted by the Senate, he was charged with insurrection by the House, 232‐to‐197; and the Senate voted to convict 57-to-43—but short of the 2/3 majority required for a guilty verdict.
Under Section 3, Trump’s conduct need not meet the criminal standard of Brandenburg v. Ohio (“inciting or producing imminent lawless action and … likely to incite or produce such action”). Also, Section 3 need not recognize a mistake‐of‐insurrection defense. That is, intentional acts that amount to engaging in insurrection might be covered by Section 3, even if the actor wrongly believes no insurrection would or did occur.
And claims that Trump is being denied due process would be applicable under the Fifth Amendment only if he were deprived of life, liberty, or property in a criminal proceeding.
Maine’s secretary of state acknowledged it would’ve been easier to reach her conclusion had Trump been found guilty or not guilty of the crime. However, she said her responsibility was to look at the evidence for herself and did not depend on the existence of a criminal trial or verdict.