3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or 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. But Congress may by a vote of two-thirds of each House, remove such disability.
So, the question will be, "Did a Naval Board of Review, with contemporaneous jurisdiction, judge that Qerri gave "aid and comfort to the enemy" or "collaborated with the Viet Cong in wartime?" If this is the case, 2/3 of Congress did not remove that impediment for Qerri, and an 2001, after-the-fact declaration of separation from the Navy, though it be by presidential Executive Order, cannot overcome the language of the 14th Amendment. Therefore, Qerri is ineligible to become President.
If so, he also fraudulently held the office of Senator, in part by withholding material facts of his eligibility, and presumptively committing fraud as he signed his application for Senatorial candidacy.
HF
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