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hlthe2b

(111,689 posts)

5. The New Mexico case of the Jan 6 participant disallowed from run for public office by civil lawsuit

Mon Aug 14, 2023, 09:45 AM

Aug 2023

(I think the suit was brought by CREW) is the model. I hadn't taken it seriously until I looked a bit into that case and apparently, there are a lot of states that have similar legal language that would allow for their own Secretary of State--or potentially outside groups to file such state civil suits. Whether or not it is practical, even Laurence Tribe agrees that it is doable and that criminal insurrection conviction is not a prerequisite. He spoke to this on an interview with Joy Reid last week.

So, while I am not saying this is the path forward, it is not as dubious as many here still believe.

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The constitutional case that Donald Trump is already banned from being president [View all] Prairie_Seagull Aug 2023 OP

That idea floated on DU more than 18 months ago bucolic_frolic Aug 2023 #1

It's everwhere as of 3 days ago. Thought it had merit. nt Prairie_Seagull Aug 2023 #2

It does have merit, your post is fine. bucolic_frolic Aug 2023 #4

Nothing in the Constitution requires such a conviction. Hermit-The-Prog Aug 2023 #3

History, and reality says it does require a conviction Fiendish Thingy Aug 2023 #9

You may want to check recent history. Hermit-The-Prog Aug 2023 #14

So who's been disqualified without trial in the last 150+ years? Polybius Aug 2023 #17

I don't understand the question or its basis. Hermit-The-Prog Aug 2023 #18

No court would disqualify Trump from running without coviction Polybius Aug 2023 #19

That's a bold statement unsupported by facts. Hermit-The-Prog Aug 2023 #20

Facts are you're getting you hops up for nothing Polybius Aug 2023 #21

You're still confusing me. The 14th A says nothing about a conviction for anything. Hermit-The-Prog Aug 2023 #22

But in the real world.. Fiendish Thingy Aug 2023 #26

Griffin was disqualified *after* he was convicted. Nt Fiendish Thingy Aug 2023 #25

The New Mexico case of the Jan 6 participant disallowed from run for public office by civil lawsuit hlthe2b Aug 2023 #5

Agree. The debate is how it is enforced. bucolic_frolic Aug 2023 #6

The nominated vp would be the candidate..... getagrip_already Aug 2023 #13

The New Mexico case required a conviction before the judge would rule Fiendish Thingy Aug 2023 #8

Not insurrection charges. hlthe2b Aug 2023 #12

The charges were related to January 6. Nt Fiendish Thingy Aug 2023 #27

Yes. But if you (as others) are claiming charges must be specifically insurrection to activate hlthe2b Aug 2023 #29

I'm not saying one must be convicted specifically of insurrection to be disqualified Fiendish Thingy Aug 2023 #33

No, it did not. Hermit-The-Prog Aug 2023 #15

The judge did not rule until after he was convicted. Fiendish Thingy Aug 2023 #28

Go back and read paragraph #50 again Fiendish Thingy Aug 2023 #30

Meanwhile, back in the real world... Fiendish Thingy Aug 2023 #7

Please list the "dozens, if not hundreds of Democratic candidates" who are insurrectionists. Hermit-The-Prog Aug 2023 #16

That would be up to the MAGA judges to decide, wouldn't it? Fiendish Thingy Aug 2023 #32

The constitutional case for Trump being ineligible was already made--by Donald Trump DFW Aug 2023 #10

K&R. William769 Aug 2023 #11

Seems to me the impracticality of this needs to be addressed. Prairie_Seagull Aug 2023 #23

County commisioner removed by judge for Jan 6 illegal activity. Prairie_Seagull Aug 2023 #24

I guess you all know that 40 or 50 pro-Nazis were prosecuted... TreasonousBastard Aug 2023 #31

The lawsuits attempting to enforce this holding will be fun to watch LetMyPeopleVote Aug 2023 #34