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Thread: Using the 14th Amendment to keep Trump off the ballot

  1. #31
    Quote Originally Posted by Brian4Liberty View Post
    Basis? No "basis" is necessary in Amerika, comrade.
    Ah yes, I understand now that you explained it that way. It all makes sense now.

    The Kingdom of God has come upon you. -- Matthew 12:28



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  3. #32
    Quote Originally Posted by ClaytonB View Post
    On what actual basis? Charges?
    The wording of the 14th Amendment is ambiguous about that, as the Constitution often is, most likely intentionally, so as to give the powers that be enough discretion to make up the rules as they go along.
    There is nothing to fear from globalism, free trade and a single worldwide currency, but a globalism where free trade is competitively subsidized by each nation, a continuous trade war is dictated by the WTO, and the single currency is pure fiat, fear is justified. That type of globalism is destined to collapse into economic despair, inflationism and protectionism and managed by resurgent militant nationalism.
    Ron Paul
    Congressional Record (March 13, 2001)



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  5. #33

    Question Can Trump be denied ballot access with 14th Amendment?

    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  6. #34
    Possibly, it will be up to a judge to decide for the primary, his case won't make it through the courts yet.e

    If he is convicted in the Jan 6th case, I would say almost surely he will be disqualiifed for the general election.

  7. #35
    Gunna be pretty hard to prove he got the FBI to go along with the whole Jan 6 thing.

  8. #36
    Maybe. Nobody knows.
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.

  9. #37
    Quote Originally Posted by Dr.3D View Post
    Gunna be pretty hard to prove he got the FBI to go along with the whole Jan 6 thing.
    Democrats will probably argue Trump tried to threaten many FBI officials but ultimated failed to get them on his side.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  10. #38
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  11. #39

  12. #40
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst



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  14. #41
    Quote Originally Posted by Anti Globalist View Post
    Democrats will probably argue Trump tried to threaten many FBI officials but ultimated failed to get them on his side.
    Then why were so many FBI agents in the crowd if he planned it?

  15. #42

    CO-14th Amendment Lawsuit filed to Keep Donald Trump off Colorado Ballot

    Group Files 14th Amendment Lawsuit to Keep Donald Trump off Colorado Ballot

    https://www.breitbart.com/politics/2...lorado-ballot/

    JORDAN DIXON-HAMILTON 6 Sep 2023

    A liberal watchdog group filed a lawsuit in Colorado to try to use the Fourteenth Amendment to remove former President Donald Trump from the 2024 presidential ballot.

    Although Citizens for Responsibility and Ethics (CREW) is based in Washington, DC, the group filed suit Wednesday on behalf of several Colorado voters trying to keep Trump off the ballot due to his alleged involvement in the January 6, 2021 riot at the U.S. Capitol.

    Section 3 of the Fourteenth Amendment says public officials are not eligible to hold office if they “engaged in insurrection or rebellion against” the United States. CREW Previously used Section 3 to remove a New Mexico county commissioner who entered the U.S. Capitol on January 6, 2021 from office.

    CREW president Noah Bookbinder said that the group is bringing the case because “It is necessary to defend our republic both today and in the future.”

    Trump campaign spokesman Steven Cheung called the lawsuit an “absurd conspiracy theory” and accused the organization of “stretching the law beyond recognition.”

    “The people who are pursuing this absurd conspiracy theory and political attack on President Trump are stretching the law beyond recognition,” Cheung told ABC News, in part, adding, “There is no legal basis for this effort except in the minds of those who are pushing it.”

    Colorado Secretary of State Jena Griswold (D) said she is “hopeful” the lawsuit will shed light on Trump’s eligibility as a presidential candidate.

    “I look forward to the Colorado Court’s substantive resolution of the issues, and am hopeful that this case will provide guidance to election officials on Trump’s eligibility as a candidate for office,” Griswold said in a statement.

    CREW’s lawsuit is part of a growing effort nationwide to use the Fourteenth Amendment to remove Trump from the ballot.

    New Hampshire Secretary of State David Scanlan (R) said he is “not seeking to remove any names” from the GOP primary ballot after Charlie Kirk urged his supporters to call Scanlan’s office following reports Scanlan was weighing the idea.

    Arizona’s Democrat Secretary of State Adrian Fontes announced that state law prohibits the Fourteenth Amendment from being used to keep Trump off the Arizona ballot.

    Further, a federal judge dismissed a lawsuit that challenged Trump’s presence on the ballot using the Fourteenth Amendment.
    “The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
    ― George Orwell, 1984

  16. #43
    New Hampshire Lawmakers: ‘No Legal Basis’ to Remove Trump from Ballot

    https://www.breitbart.com/2024-elect...p-from-ballot/

    NICK GILBERTSON 13 Sep 2023

    Top New Hampshire politicians, including the speaker of the State House and State Senate president, sent a letter Tuesday to Secretary of State David Scanlan stating “there is no legal basis” to remove former President Donald Trump from the 2024 ballot using the Fourteenth Amendment, as anti-Trump legal scholars have suggested.

    Senate President Jeb Bradley (R), New Hampshire House Speaker Sherman Packard (R), and former U.S. Sen. Bob Smith (R) headline the dozens of New Hampshire officials, including state senators, representatives, and executives, who signed the letter, which the Trump campaign shared via an emailed press release.

    “President Donald J. Trump is once again at the forefront of political attacks, this time by those who are attempting to disqualify the former President from appearing on New Hampshire’s primary ballot by weaponizing Section Three of the Fourteenth Amendment against him,” the letter begins.

    It continues:

    Since 1920, New Hampshire has been a state that prides itself on being the First-in-the-Nation to hold their primary elections and setting the stage for the rest of the country. But that status is now in jeopardy because of an absurd conspiracy theory to deny President Trump, the current front-runner in New Hampshire, from being on the ballot.

    There is no legal basis for these claims to hold up in any legitimate court of law. The opinions of those perpetuating this fraud against the will of the people are nothing more than a blatant attempt to affront democracy and disenfranchise all voters and the former President. These individuals who are seeking to deny voters access to support their candidate of choice are nothing more than political pawns of the Left doing their bidding, which is disappointing since the Democrat Party has continually tried to strip New Hampshire of its First-in-the-Nation status.

    At the center of the argument to remove Trump from the ballot is the claim he partook in an insurrection on January 6, 2021. Section Three of the Fourteenth Amendment outlines that one who incites an insurrection is barred from holding office, though there is debate about if the statute applies to the president and vice president. The legal theory calls on secretaries of state and other local officials to bar Trump from their states’ presidential ballots.

    As WMUR pointed out, Scanlan has met with failed New Hampshire GOP senate candidate Corky Messner, who was probing a legal challenge.

    “When somebody makes a reasoned argument about what those provisions mean, I feel an obligation to at least listen to them,” Scanlan said.

    “A decision of that magnitude that’s a decision of deciding that somebody is not qualified to run, a person, is extraordinary,” he added. “And it really has to be treated with that degree of importance.”

    Special Counsel Jack Smith has twice indicted the 45th president on federal charges, including in relation to his election challenge, but none of his counts allege an insurrection of seditious conspiracy.

    “Does anyone think special prosecutor Jack Smith would have refrained from charging that crime if he believed he could prove it in court?” the Wall Street Journal Editorial Board wondered in an op-ed last week that shot down the legal theory. “Instead, he has charged a conspiracy to overturn the election, but that is not a rebellion.”

    Michigan Secretary of State Jocelyn Benson (D) acknowledged she was weighing the anti-Trump legal argument while speaking with MSNBC’s Deadline: White House with Nicole Wallace in August but raised concerns.

    “If we’re not going to predicate this on conviction under the law, then what and how do we ensure due process? How do we define insurrection or rebellion? Who makes that determination?” asked Benson, who expressed that state officials must be “very careful in making decisions not from a political standpoint but from a legal standpoint.”

    Tuesday’s letter also quotes Scanlan as saying he is “not seeking to remove any names from the presidential primary ballot.”

    “We agree wholeheartedly, and we should continue to empower voters, not disenfranchise them,” the lawmakers added.

    Some courts have ruled that this Disqualifications Clause of the Fourteenth Amendment is not self-executing, meaning that Congress must enact a law setting up the process to disqualify citizens under Section Three. Congress has never passed such a law.

    Election law expert Hans von Spakovsky at the Heritage Foundation — who formerly served as a member of the Federal Elections Commission and, before that, as a lawyer in the Department of Justice Civil Rights Division — raises yet another objection. He explains that Congress passed two amnesty acts for citizens who would have been disqualified under Section Three — one in 1872 and another broader amnesty in 1898 — and argues that these two federal laws have completely nullified what would otherwise be the force of the Disqualifications Clause.
    “The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
    ― George Orwell, 1984

  17. #44
    Amnesty And Section Three Of The Fourteenth Amendment

    https://constitutionalcommentary.lib...nth-amendment/
    “The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
    ― George Orwell, 1984

  18. #45
    Supreme Court rejects case that Trump should be disqualified from the ballot under 14th Amendment
    The 14th Amendment, passed after the Civil War, was intended to prevent Confederate leaders from attaining elected office.
    https://thepostmillennial.com/suprem...esidential-run
    {The Post Millennial | 02 October 2023}

    On Monday, the Supreme Court declined to consider a case brought against Donald Trump seeking to prevent him from running in the 2024 election under the 14th Amendment. The 14th Amendment, passed after the Civil War, was intended to prevent Confederate leaders from attaining elected office.

    Little-known Republican candidate John Anthony Castro sued the former president earlier this year over his ties to the Jan 6 riot, suggesting that his involvement should be grounds for diqualification. The 14th Amendment said that seditionists and those guilty of insurrection could not hold elected office. Trump has neither been criminally nor civilly charged with nor convicted of sedition or insurrection.

    The court denied the bid without providing any comment or recorded vote.

    Castro's case hinged on a provision of the 14th Amendment adopted following the American Civil War which states that, "no person shall ... 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."

    In his lawsuit, Castro claimed that, "given his alleged provision of aid or comfort to the convicted criminals and insurrectionist that violently attacked our United States Capitol on January 6, 2021," Trump had violated the aforementioned rules.

    "The framers of Section 3 of the 14th Amendment specifically designed it to remove overwhelming popular pro-insurrectionists from the ballot," he argued, suggesting Trump was "the precise type of person they sought to disqualify."

    Castro brought his case to Washington, DC after a lower court dismissed it, saying he had no legal right or standing. He is not the only one to challenge Trump via the 14th Amendment, however. Two more serious cases are in the works in Minnesota and Colorado.

  19. #46
    Quote Originally Posted by Anti Federalist View Post
    Group Files 14th Amendment Lawsuit to Keep Donald Trump off Colorado Ballot
    https://www.breitbart.com/politics/2...lorado-ballot/
    JORDAN DIXON-HAMILTON 6 Sep 2023

    [...]
    https://twitter.com/JenaGriswold/sta...52228533063787

  20. #47
    “The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
    ― George Orwell, 1984

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