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This is probably the most perceptive general article I have read about the attempted 14th amendment ballot disqualification of President Trump. The following paragraph demonstrates why the whole attack on President Trump, including the prosecutions, is constitutionally defective:

"A truly objective legal analysis would render Section 3 of the 14th Amendment null as it relates to the events of January 6, 2021. How do we know? President Trump has never been charged criminally with insurrection, and he was indeed acquitted of that very impeachment charge by the Senate in February 2021. As a result, the matter is res judicata. Further, taking this latter argument to its logical conclusion can have significant implications as well. This argument is not unlike the one offered by Trump’s defense in Jack Smith’s D.C. indictment: there, his legal team offered that because he has already been acquitted for a charge arising out of the same course of conduct identified in the indictment, the impeachment and double jeopardy clauses should bar retrial."

That's excellent reasoning as far as it goes, but the argument can go much farther to immunize President Trump fully because the effect of the impeachment causes of the Constitution is exactly that.

The last Paragraph of Article 1, Section 3 states:

"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."

Thus, any criminal punishment of a president for impeachable activities is constitutionally conditioned on that President being first impeached and then convicted by the Senate. In other words the Senate conviction is a an essential ticket for the prosecutor to get into court and prosecute the President. Also, since impeachable offenses are limited to "Treason, Bribery, or other high Crimes and Misdemeanors," and there is no other provision for prosecution of the President for other offenses, the president is immune from prosecution for anything that is not an impeachable offense, for which the President has been both impeached and convicted by a Senate trial.

1 posted on 01/01/2024 12:39:42 PM PST by libstripper
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To: libstripper

There are no Rules.
There is only Power.


2 posted on 01/01/2024 12:43:38 PM PST by ClearCase_guy
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To: libstripper

Everything about what they’re doing is wrong, on every level.

However, is anyone paying attention to the fact that what happened in Colorado and Maine was just 10lbs of sh*t slung against the wall?

And that he’s not off the ballot in either state. And that the Colorado court and clown in Maine have tossed up Hail Mary’s in an attempt to get SCOTUS to rule on something that hasn’t worked its way through any court. So, how can SCOTUS rule on something that hasn’t seen a courtroom?

Each of these “decisions” state, way down on the bottom of the last page, something to the effect....if SCOTUS doesn’t agree with us, the Pres Trump will be on the ballot.


6 posted on 01/01/2024 12:57:06 PM PST by qaz123
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To: libstripper
"Maine has now become the second state in as many weeks, following a December 19 Colorado Supreme Court decision, to make the determination that President Donald Trump cannot appear on the ballot in the 2024 election."

I assume demRATs purpose in doing this is to create so much chaos into election process that they can sneak in another theft and so it's actually a new form of usurping American Citizen voting rights.
7 posted on 01/01/2024 12:57:37 PM PST by clearcarbon (Fraudulent elections have consequences.)
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To: libstripper

When the government stops working correctly, it’s the responsibility and duty of the American people to fix it.


8 posted on 01/01/2024 12:58:14 PM PST by FlingWingFlyer (America!Biden has turned what was one of the greatest documentaries into a one season retard sitcom.)
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To: libstripper
In other words the Senate conviction is a an essential ticket for the prosecutor to get into court and prosecute the President. Also, since
impeachable offenses are limited to "Treason, Bribery,
or other high Crimes and Misdemeanors," and there is
no other provision for prosecution of the President for other offenses, the president is immune from prosecution for anything that is not an impeachable offense, for which the President has been both impeached and convicted by a Senate trial.

The people behind these rouge actions don't care about the law. Most democrats and their press lackeys will look away because this benefits them. Decent democrats will object, but are there any left?

10 posted on 01/01/2024 1:01:50 PM PST by GOPJ (Surgery/makeup doesn't make a man a woman anymore than wearing gorilla costumes turns men into apes.)
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To: libstripper

The leftists took out a New Mexican official on this pretext.

They then tried to take out Trump on the same pretext.

The key difference remains that Trump is a man of peace and the New Mexican man was not.

January 6th had a riot, not an insurrection or rebellion.

Trump started January 6th on top as President of the United States and that’s the way the day ended. There was no higher person in the land. Rebellion or insurrection was impossible for a man in his #1 position.


12 posted on 01/01/2024 1:34:46 PM PST by Brian Griffin
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To: libstripper

It will be interesting if the Deep Blue states all successfully remove Trump from the ballot and Trump wins anyway with the electoral College. He would then be winning with an apparently tiny minority of the popular vote as the millions in the Blue States are disenfranchised or the few that vote do so for various other non Democrats.


13 posted on 01/01/2024 1:37:56 PM PST by arthurus (W covfefe )
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To: libstripper

“Resistance is the highest form of patriotism.”

-Hillary Clinton


26 posted on 01/01/2024 2:33:57 PM PST by SaxxonWoods (Are you ready for Black Lives MAGA? It's coming.)
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To: libstripper

Maine now a none voting choice state no surprise the New England states are getting as bad as the left cost states.


27 posted on 01/01/2024 3:22:12 PM PST by Vaduz
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To: libstripper

Did she also mention that she REALLY wants 50-100 bus loads of VISITORS from way down South?


29 posted on 01/01/2024 5:04:09 PM PST by Mark (DONATE ONCE every 3 months-is that a big deal?)
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