The 14th Amendment to the Constitution bans anyone who āengaged in insurrection or rebellion againstā the U.S. from holding office.
A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplanās Thursday lawsuit claims that the ex-presidentās involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitutionās 14th Amendmentāa Civil War-era addition aimed at preventing those who āengaged in insurrection or rebellion againstā the U.S. from holding office. āNow given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,ā the lawsuit says, also citing Trumpās alleged efforts to overturn the 2020 election results in Georgia. Legal experts say itās an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. āRealistically, itās not a Hail Mary, but itās just tossing the ball up and hoping it lands in the right place,ā Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.
archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD
Malice isnāt what needs to be proven. Iāll get voted down for saying this but itās far from proven that trump āengaged in insurrectionā.
He just did everything he could to encourage it and then watched on TV for over an hour giddy that it was happening, refusing to make a statement to call them off, when everyone he knew was begging him to. Yep totally innocent.
Stop it. Iām not defending Trump.
How do you think the legal system works? The prosecutor just says ācāmon your honor he totally did itā and the judge and jury just say āyep, totallyā?
I think the legal system works exactly that way for poor/black people but for white people you buy your way out of jail.
Probably because thatās been demonstrated a seemingly infinite number of times
And yeah what you wrote was a textbook defense, no only in the legal sense but in an everyday sense too.
What about rebellion?
The term you are looking for is mens rea and from what we already know from the January 6th committee, Jack Smith has Trump dead to rights in that respect.
He also almost certainly has additional evidence that the committee didnāt get and that we donāt know about yet.
Itās not looking good for Trump which is exactly why heās desperate to delay the trial until after the election in hopes that he wins and can make it all go away.
Iām surprised I even have to say this as I thought it was common knowledge regardless of oneās political persuasion.
Also, I didnāt downvote your comment.