• Kbobabob@lemmy.world
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    9 months ago

    Has Trump actually been found guilty of insurrection? It seems this could be where the issue lies. I know he’s an insurrectionist, you know he is an insurrectionist but unless convicted how do you apply the law?

      • hydrospanner@lemmy.world
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        9 months ago

        So… what’s to stop a Texas or a Mississippi or a Florida from deciding that Biden has participated in an insurrection, and requiring no conviction, uses this as grounds for removal from the ballot in November?

        As much as I want Trump off ballots and believe he’s an insurrectionist, it’s important to remember that anything that can be done to hamper his chances that requires no (or a low bar) legal framework can also be done to help his chances.

        If a court in Colorado can sit down and decide he’s off the ballot because of their opinions, and that decision is enforceable and unassailable, then we’re establishing that a state court can strike any name from any ballot because they say so.

        With that precedent, I would fully expect states with GOP leadership to appoint judges who would then find reasons to call some aspect of Biden’s presidency an insurrection (in a similar vein as the Mayorkas impeachment), and remove him from their state’s ballot.