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Maine Removes Trump From Ballot

LOL. You're claiming Schumer attending a rally and making a speech is the same thing as Trump's implicit and explicit calls for harassment and violence?

bOtH sIDeS!
Don’t put words in my mouth. Simply saying what he said at that rally could have been the go ahead to the idiots on your side. Literally calling out members of the Supreme Court.
 
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Biden is the traitor, allowing millions of potential terrorists, drug dealers, sex traffickers and communists into our country intentionally is the definition of treason.
How many secrets did he hand over? Did he try to over turn an election? Hamas and Iran thank you worthless fascist prices.
 
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You referred to the presidency as an office. Meaning it is clearly included.

Section 3 Disqualification from Holding Office​


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.
From a purely legal perspective, while the section you put in bold, the next part of the sentence rules -
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

Trump doesn't fit those criteria unless he was considered an officer of the United States. Based on the Appointments Clause, an officer of the United States is a presidential appointee. Nixon v Fitzgerald decided the POTUS is an officer. KD LLC v Trump Old Post Office also determined the POTUS to be an officer. A strict reading of the Constitution suggests that a POTUS is not an officer. Judicial decisions have determined otherwise.

Maine's candidate form lists the requirements to be on the ballot for POTUS, and does not have any potential disqualifications listed on the form. Maine is going to have a problem taking Trump off the ballot.

There's also a legal question of due process, which is separately defined in the 14th Amendment, and further clarified in Mullane v Central Hanover Bank, and requires notice, an opportunity to be heard, and an impartial tribunal. Colorado can argue they provided judicial due process, though it's not clear if all 3 elements were met. Maine can't make that argument at all.

There's also the definition of insurrection that is undefined for this process. That was one of the points of dissent in Colorado. 18 USC 2383 speaks to this.
  1. 18 U.S. Code § 2383 - Rebellion or insurrection

    Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
There's no dispute that Trump encouraged his followers to protest at the capital. I personally think he incited a riot, even though he urged 'peace' at one point. Does that rise to the level of insurrection, especially since the protestors weren't armed, and there's no real indication they wanted to actually take over the government. They certainly wanted to disrupt the certification vote.

Nobody present has been charged with insurrection, rebellion, or sedition. Fourteen people have been charged with conspiracy to commit sedition.

In summary, the legalities aren't entirely clear.

It really doesn't matter to me. I'll likely be voting for Chase Oliver.
 
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From a purely legal perspective, while the section you put in bold, the next part of the sentence rules -


Trump doesn't fit those criteria unless he was considered an officer of the United States. Based on the Appointments Clause, an officer of the United States is a presidential appointee. Nixon v Fitzgerald decided the POTUS is an officer. KD LLC v Trump Old Post Office also determined the POTUS to be an officer. A strict reading of the Constitution suggests that a POTUS is not an officer. Judicial decisions have determined otherwise.

Maine's candidate form lists the requirements to be on the ballot for POTUS, and does not have any potential disqualifications listed on the form. Maine is going to have a problem taking Trump off the ballot.

There's also a legal question of due process, which is separately defined in the 14th Amendment, and further clarified in Mullane v Central Hanover Bank, and requires notice, an opportunity to be heard, and an impartial tribunal. Colorado can argue they provided judicial due process, though it's not clear if all 3 elements were met. Maine can't make that argument at all.

There's also the definition of insurrection that is undefined for this process. That was one of the points of dissent in Colorado. 18 USC 2383 speaks to this.
  1. 18 U.S. Code § 2383 - Rebellion or insurrection

    Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
There's no dispute that Trump encouraged his followers to protest at the capital. I personally think he incited a riot, even though he urged 'peace' at one point. Does that rise to the level of insurrection, especially since the protestors weren't armed, and there's no real indication they wanted to actually take over the government. They certainly wanted to disrupt the certification vote.

Nobody present has been charged with insurrection, rebellion, or sedition. Fourteen people have been charged with conspiracy to commit sedition.

In summary, the legalities aren't entirely clear.

It really doesn't matter to me. I'll likely be voting for Chase Oliver.
FFS - you question whether the President is considered an "officer" and then point to precedents clearly showing the President is an officer. Then you say the definition of an insurrection is undefined for this process while subsequently citing a code that clearly defines an insurrection.

You have the uncanny ability to self own.
 
No accountability on your end, I see. And I’m not the o e comparing it to Trump. You are.
Oh, so now you're trying to be obtuse. There isn't a discussion here except for Trump.

And no accountability? For what? Republicans as a regular part of their rhetoric and political campaigns went after the Supreme Court and the Federal courts for literally decades. What Schumer did there was the normal in American politics for forever.

Trump and MAGA outright incitements and threats per violence are something very very different.
 
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Five more years with this Court and the Constitution will be re-written and verified without any citizen participation.
You didn't read the opinion. You should also brush up on 14A. BTW it was 9-0.

Don't be like Joes Place and cherry pick laws, The SCOTUS opinion summed it up pretty well. They also didn't rule on whether or not Trump participated in an insurrection, which a lot of folks said would happen.
 
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You didn't read the opinion. You should also brush up on 14A. BTW it was 9-0.

Don't be like Joes Place and cherry pick laws, The SCOTUS opinion summed it up pretty well. They also didn't rule on whether or not Trump participated in an insurrection, which a lot of folks said would happen.
Finance... my “response” was directed at Bustings “fascist” comment....not necessarily the SCs specific ruling. Your apology for the misunderstanding is accepted.
 
Finance... my “response” was directed at Bustings “fascist” comment....not necessarily the SCs specific ruling. Your apology for the misunderstanding is accepted.
LOL. I'm sorry I didn't understand the context of your response, even though it was misguided in any context. You're welcome.
 
I remember quite a few laughing emojis from the usuals when I said 9-0.
I think this 9-0 vote was the consensus even on MSNBC. Most “experts” knew where this was headed after one of the “liberal” justices asked her first question of the attorneys.
But Congrats Jan....just me associating with brilliance like yours makes me feel better about myself! ;)
 
I think this 9-0 vote was the consensus even on MSNBC. Most “experts” knew where this was headed after one of the “liberal” justices asked her first question of the attorneys.
But Congrats Jan....just me associating with brilliance like yours makes me feel better about myself! ;)
Thank you. I’ll still talk with you even though you’re intellectually my subordinate. ;)
 
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