Precedent
- Thread starter HHusky
- Start date
Dazzler and the dementia patient share the same keen legal minds
"He certainly supported an insurrection," Biden told reporters Wednesday in Milwaukee, Wisconsin, on his way to a campaign event. "No question about it. None. Zero."
Biden did not share his opinion on the Colorado court ruling but said it was "self-evident" Trump supported an insurrection.
"Certain things are self-evident," Biden said. "You saw it all. Now, whether the 14th Amendment applies, I'll let the court make that decision."
Fascist
"He certainly supported an insurrection," Biden told reporters Wednesday in Milwaukee, Wisconsin, on his way to a campaign event. "No question about it. None. Zero."
Biden did not share his opinion on the Colorado court ruling but said it was "self-evident" Trump supported an insurrection.
"Certain things are self-evident," Biden said. "You saw it all. Now, whether the 14th Amendment applies, I'll let the court make that decision."
Fascist
No. Even the dazzler posted some pseudo history on the 14th amendment language - There was no "violent insurrection" let alone any evidence that Trump "knowingly and voluntarily aided violent insurrections". As I said, the 14th Amendment Section 3 was a result of 300,000 Union soldiers dying in an obvious violent insurrection. No federal employee died as a result of a US government encouraged violent insurrection. If the dazzler thinks it was a violent insurrection, then any FBI agent involved in encouraging the trespass into the Capitol would be subject to Section 3.
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Section 3 is not a criminal penalty, but rather is a qualification for holding public office in the United States that can be and has been enforced through civil lawsuits in state courts, among other means.
The precedent likewise confirms that one can “engage” in insurrection without personally committing violent acts. Neither Kenneth Worthy nor Couy Griffin were accused of engaging in violence, yet both were ruled to be disqualified because they knowingly and voluntarily aided violent insurrections. These rulings are consistent with the views of Attorney General Henry Stanbery, who opined in 1867 that when a person has “incited others to engage in [insurrection or] rebellion, he must come under the disqualification.”
Not a criminal attorney but the Double Jeopardy clause generally deals with a crime. Impeachment isn't a criminal charge - no criminal fine or jail.
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The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . "
TurdBomber
Active poster
76th out of 85 in his Third-Tier Syracuse Law School class.
He wouldn't recognize the Bill of Rights if it was stapled to his nose.