While I agree that removing Trump from the ballot via the 14th Amendment is absurd, there is an important point that Geller either overlooked or was unaware of.
None of the ex-Confederate officers and officials were charged with or convicted of insurrection yet the 14th did bar them from office until Congress ruled otherwise. The Amendment does not require trial or conviction. That’s why the dems are invoking it.
Also, just to nit pick, impeachment has nothing to do with ‘double jeopardy’. In fact the Constitution provides for the possibility of criminal trials after impeachment. Ford pardoned Nixon to prevent that from happening, because you know the dems wanted Nixon not just out of office, but in jail. Kind of like how they feel about Trump.
Well how do you then prove it? Could one of those Confederates argue that the officer he's accused of being was NOT him?
All of those Confederates knew they were in the Confederacy and didn't dispute it at all.
It was a huge war with thousands of deaths and destroyed property over a great portion of the land, with Americans shooting, bombing, and shelling each other to death.
The war stands alone. The amendment addresses that single historic point.
Now a situation exists where some (who has authority?) can say he "committed" insurrection, but, importantly, unlike the Confederate officers of old, President Trump states he did no. such. thing.
The only thing that could, under the 14th amendment, make Trump guilty would be a declaration from Congress saying so.
There must be some sort of standard for what exactly an insurrection is. There is the Insurrection Act of 1807 which obviously predates the 14th Amendment. Lincoln apparently used the Insurrection Act on Apr 15th, 1861 to mobilize troops. I must have missed when the president declared an insurrection on Jan 6th, 2020.
Except for the fact that Lincoln declared an Insurrection. No such status has ever been recognized or declared except by Democrats and the media.
None of the ex-Confederate officers and officials were charged with or convicted of insurrection yet the 14th did bar them from office until Congress ruled otherwise. The Amendment does not require trial or conviction.
No section 3 of the 14th which is what they are trying to claim is not self enforcing despite what Lawrence tribe and the rest of the frauds claim. Section 5 is Congress shall have the power to enforce by appropriate legislation the provisions of this article, not the courts and not some YouTube watching cow from Maine. Congress passed the insurrection and rebellion act as a result. This was to keep confederates from office. And at the end of the day, President Trump has not been charged with insurrection. Just because the Dems and assistant Dems say it is an insurrection does not make it one. They cannot just pronounce him guilty just as a court cannot just declare you are guilty of a crime without a trial. Do you understand yet or just want to keep pretending that President Trump’s political opponents are on the up and up here?