Should trump be disqualified as president for rebellion against the constitution?

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TWS1405_2
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JFC, this subject was already covered and I shut it down with actual legal facts and proper analysis of the 14th Section 3. Again…

Third key term, and its legal definition thereof is, "insurrection": rebellion of citizens or subjects of a country against its government.
  • Rebellion: The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued.
You are presenting a legal argument that your own definitions do not support.

First, you seem to be relying on the idea that arms = guns, which is not true. Arms simply means weapons, and the rioters who broke into the capitol carried all kinds of weapons from mace, flag poles, hell even the riot shields they stole from the capitol police.
Well, it is about fucking time you took this up, as I noticed the first time, I put this stupid ass argument to rest you were curiously silent. And no matter what I or anyone say to discredit your ignorance on the subject, your intellectual cowardice denialism will not allow you to admit failure. I know that going into this, but I will enjoy discrediting you, nonetheless. 

"First, you seem to be..." = strawman fallacy. No one cares what you think, feel, believe or perceive as "seem to be" as it means shit. The only thing that matters is what you can PROVE!

It is patently condescending and wholeheartedly ignorant of you to assume what arms even means given the contextual nature of the events under charge of "rebellion" across the ages. For fucks sake, back in 1786-1787 during Shay's Rebellion all they had were what tools were available to them. Anything can be used as a weapon, but some tools were more effective than others; and all soldiers (or those experienced with combat) know that the more effective the tool, the more valuable the tool. No one is going to pick up a table fork (i.e., silverware) to fight with when a pitchfork is available. The higher the effectiveness of the weapon, the greater the use it is as an "arm(s)."  

Terms evolve over time just the same as the tools evolve over time for the purposes of insurrection, rebellions, and quite obviously war. And it takes more than one, three, or a handful among THOUSANDS of individuals to be armed to quantify the act as an actual "insurrection," "rebellion" or "act of war." Given the glaring FUCKING FACT that the corrupt government's own FBI did not classify J6 as an insurrection or anything else other than a minor riot (i.e., skirmish). You and anyone on the left have ZERO LEVERAGE on this matter regarding the historical acts and legislative history upon which it is based upon in defining and applying said terms within the 14th Amendment, Section 3. 

Second and more importantly, you ignored the second part of your own definition of rebellion which specified it's main qualifier ("perhaps a more correct sense") as a "forcible opposition and resistance to the laws and process lawfully issued". That couldn't describe what occurred on January 6th any more perfectly.
Remind us all again where you matriculated to earning some degree in the legal arena that would equip you with the requisite academic credentials and/or professional experience to competently understand the subject at hand? Oh, that's right. Nowhere. You're a layman, and a very ignorant one at that when it comes to reading, understanding and correctly interpreting the law. Especially Constitutional Law. 

I ignored nothing.  You simply do not know how to read legal statutes, Constitutional, federal, state or otherwise correctly. Which is exactly why I said to the author of this thread how/why everyone gets this topic wrong. Plain readings of the law never work. Period. 

The part you cite is not the qualifier, the premise (or preamble) is: The taking up arms traitorously against the government. The part you cite is merely the augmentation of that, it is not the actual legal qualifier. Taking up arms is. Arms is the essential criterion here. Cause no matter how many idiots you have carrying spoons, forks, pencils, a few with a handgun, and one with a riot shield breaking a mere fucking window still will not ever qualify J6 as an insurrection, much less Trump being directly involved in it: shall have engaged in.

Moreover, you seem to not understand the entire point of the 14th amendment -
This coming from a guy with ZERO legal academic and/or professional experience telling me what I "seem to not understand" about a subject I am every bit more qualified, academically and professionally, to comment on. You're a pathetic joke, Double_R. Pathetic. Using ad homs as some defense against my factually accurate legal analysis of the 14th, of which I have demonstrated far more knowledge on this subject than you could ever hope to full in that tiny pencil between your legs. 

it was passed in the aftermath of the civil war. It's entire point at conception was to stop Americans who tried to overthrow our constitution for running for office. That's literally what Trump did, so the argument that it couldn't apply to him because the rioters were not a foreign power is absurd on its face.
No, it is to YOU who does not understand the point of the 14th Amendment, Section 3, you ignoramus. 


What fucking part of this did you fail to utterly NOT comprehend:

"The term 'enemies,' as used in the second clause, according to itssettled meaning, at the time the Constitution was adopted, applies onlyto the subjects of a foreign power in a state of open hostility withus. It does not embrace rebels in insurrection against their owngovernment." 8

Only thing absurd on its face here is your own flagrant intellectual cowardice denialism stupidity!!! 

More importantly, the United States Government via the F.B.I.emphatically declared that J6 was NOT an insurrection.
"Or rebellion..."
The terms are fucking synonymous you dumbass. 

Nor was President Donald J. Trump charged with inciting a riotand/or directly engaging in said riot
There is nothing about the 14th amendment requiring this.
The argument is the basis of the idiots imposing the claim asserting 14/3.

"...shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

He did not "shall have engaged" in anything. 

that was facilitated by FBI agents placed within the J6 crowd and Capitol Police who aided in the breach of the Capitol.
Cause when all else fails, go full blown Alex Jones on us.
More intellectual cowardice denialism with fallacious retorts. Pure fucking childish ignorance. You're definitely not smarter than a fifth grader. 





IwantRooseveltagain
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He did not "shall have engaged" in anything. 
Either did Tarrio. He’s going to jail for 22 years

More intellectual cowardice denialism with fallacious retorts. Pure fucking childish ignorance.
Greatest Hits!
TWS1405_2
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He did not "shall have engaged" in anything. 
Either did Tarrio. He’s going to jail for 22 years
Childishly ignorant false equivalency fallacy. 

More intellectual cowardice denialism with fallacious retorts. Pure fucking childish ignorance.
Greatest Hits!
truth hurts, don’t it. 
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false equivalency fallacy. 
Wrong.

Tarrio wasn’t there. He’s going to jail. He engaged.

Trump wasn’t there, but he engaged. He’s going to jail.



TWS1405_2
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Conspiracy doesn’t require one to “shall have engaged in” personally/physically…dumbazz. 

Trump isn’t being charged with seditious conspiracy or insurrection. So yeah, it is a fucking false equivalency fallacy there ✏️ Richard Fanchick!!! 
TWS1405_2
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Tarrio wasn’t there. 
Also, this false equivalency fallacy of yours…Tarrio hasn’t held a political office. So the 14/3 wouldn’t apply to him. Special dumbass that you so clearly are. Down Syndrome is it, Fanchick? 

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Let him run.  He will lose a general election 
FLRW
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Trump’s Total Charges Could Result In More Than 700 Years In Prison!

OK,OK, we know he is only going to get 3 years. This is a huge win for his lawyers.
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Also, this false equivalency fallacy of yours…Tarrio hasn’t held a political office. So the 14/3 wouldn’t apply to him
Bullshit LCpl.. Not false equivalency 

You are saying an American (Trump) can’t be charged with insurrection unless they “shall engaged” 

Tarrio wasn’t there. He hadn’t “shall engaged”  in insurrection by your stupid standards yet he was convicted of seditious conspiracy and sentenced to 22 years in prison. Trump engaged just as much as Tarrio. Since Trump had taken an oath to protect the constitution, he is no longer eligible to hold office in the United States under 14/3.

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Trump isn’t being charged with seditious conspiracy or insurrection. 
No leaders from the Confederacy were ever charged with anything. But they were banned from holding office again, including Jefferson Davis.

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@Vegasgiants
Let him run.  He will lose a general election 
And claim it was stolen again. And his idiot supporters will do what next time?

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Trump isn’t being charged with seditious conspiracy or insurrection. 
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Trump isn’t being charged with seditious conspiracy or insurrection. 
Irrelevant. The 14th amendment doesn’t ban people who were charged or convicted, it bans people who engaged.

Everyone saw this with their own eyes. Trump engaged just like Tarrio engaged.

The charges to overturn the election will put him in jail.

His conduct leading up to and on J6 make him ineligible to hold office. 

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Former President Donald J. Trump was indicted in 2023 in connection with his widespread efforts to overturn the 2020 election following a sprawling federal investigation into his attempts to cling to power after losing the presidency.
The indictment, filed by the special counsel Jack Smith in Federal District Court in Washington, accuses Mr. Trump of three conspiracies: one to defraud the United States; a second to obstruct an official government proceeding, the certification of the Electoral College vote; and a third to deprive people of a civil right, the right to have their votes counted. Mr. Trump was also charged with a fourth count of obstructing or attempting to obstruct an official proceeding.
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I think he will only get 90 days in jail and a million dollar fine.
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After the Civil War, many former Confederate leaders, including Davis, were arrested for insurrection and imprisoned. However, President Andrew Johnson issued a general amnesty and pardon for most Confederate leaders in 1868, which allowed them to regain their citizenship rights, including the right to hold office. However, the Fourteenth Amendment's disqualification clause still applied to those specifically excluded by Congress.
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After the Civil War, many former Confederate leaders, including Davis, were arrested for insurrection and imprisoned. However, President Andrew Johnson issued a general amnesty and pardon for most Confederate leaders in 1868, which allowed them to regain their citizenship rights, including the right to hold office. However, the Fourteenth Amendment's disqualification clause still applied to those specifically excluded by Congress.
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After the Civil War, many former Confederate leaders, including Davis, were arrested for insurrection and imprisoned.
That’s correct. They were never convicted. They were never even charged or stood trial. Yet they were banned from serving.

The same standard should apply to Trump

Greyparrot
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Trump has never been arrested for insurrection. Therefore it is impossible for Biden to pardon him.
TWS1405_2
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Also, this false equivalency fallacy of yours…Tarrio hasn’t held a political office. So the 14/3 wouldn’t apply to him
Bullshit LCpl.. Not false equivalency 
ROTFLMAO!!!! 

Thank you for this reply of yours. It proves not only your flagrant ignorance of the subject matter at hand, but also your utter lack of attention to detail via piss poor reading comprehension skills.

You are saying an American (Trump) can’t be charged with insurrection unless they “shall engaged” 
STRAWMAN FALLACY!!!!!!!! I never said what you claim.

You clearly did not read the 14th Section 3, because if you had, you would realize just how stupid your retort is.

"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."

I never said anything about an American, and neither does the 14th Section 3 as noted above PROVING your asinine ignorant retort = [a] false equivalency fallacy. 

Tarrio wasn’t there.
No shit Fanchick! And he NEVER previously served as "a Senator or Representative of Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who have previously taken an oath..."

He hadn’t “shall engaged”  in insurrection by your stupid standards yet he was convicted of seditious conspiracy and sentenced to 22 years in prison.
Still a false equivalence fallacy as noted above. 14/3 doesn't apply to him, period. Your argument is pathetically ignorant precisely because you do not know how to read the Constitution or any other law statutory or otherwise. 

Also, it is "shall have engaged," not "shall engaged." More evidence of your lack of attention to detail. 

Trump engaged just as much as Tarrio. Since Trump had taken an oath to protect the constitution, he is no longer eligible to hold office in the United States under 14/3.
Wrong. Wrong and still wrong, double dumbass that you so clearly painted yourself as throughout this entire thread. 
The only person that the 14th Section 3 would apply to are those who served as "a Senator or Representative of Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who have previously taken an oath..."
Tarrio never held "any Office" in the US Government, Trump did. 
Comparing Tarrio to Trump is a patently ridiculous Apples to Oranges argument. 

And as I outlined in my 100% factually accurate legal analysis, 14/3 cannot and will not be applied to Trump for the analysis given. 



ADDITION:

Trump isn’t being charged with seditious conspiracy or insurrection. 
Irrelevant. The 14th amendment doesn’t ban people who were charged or convicted, it bans people who engaged.

Everyone saw this with their own eyes. Trump engaged just like Tarrio engaged.

The charges to overturn the election will put him in jail.

His conduct leading up to and on J6 make him ineligible to hold office. 
You're sounding/looking like a desperate emasculated tiny man who cannot admit they are wrong (i.e., intellectual cowardice denialism).
TWS1405_2
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14th Amendment, Section 3 Disqualification from Holding Office:

"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."

First key legal term in that criteria is "shall": Shall is an imperative command, usually indicating that certain actions are mandatory, and not permissive.

Second key term here is "engaged": involved in activity; involved especially in a hostile encounter

Third key term, and its legal definition thereof is, "insurrection": rebellion of citizens or subjects of a country against its government.

  • Rebellion: The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued.
The final legal term (phrase) in that criteria is "giving aid and comfort to the enemy": SECTION 3. Clause 1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open court.


"The two branches of treason, "levying war," and "adhering to their enemies, giving them aid and comfort," are distinct, and do not embody synonymous actions."

"The term 'enemies,' as used in the second clause, according to its settled meaning, at the time the Constitution was adopted, applies only to the subjects of a foreign power in a state of open hostility with us. It does not embrace rebels in insurrection against their own government."

"...whereas giving aid and comfort is generally committed in connection with a war waged against the United States by a foreign power."

President Donald J. Trump did NOT (shall have) directly engage in an armed insurrection "in a hostile encounter" against the United States Constitution for which he gave oath to support. Equally, President Donald J. Trump did NOT give aid and comfort to the enemy since there was no enemy (a foreign power) to give aid and comfort to on January 6, 2020. More importantly, the United States Government via the F.B.I. emphatically declared that J6 was NOT an insurrection. Nor was President Donald J. Trump charged with inciting a riot and/or directly engaging in said riot that was facilitated by FBI agents placed within the J6 crowd and Capitol Police who aided in the breach of the Capitol.

"The FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result, according to four current and former law enforcement officials."

No insurrection, as such no rebellion either.

No enemies (agents of a foreign power) were present at the events of J6 either. Therefore, no enemies for anyone to give aid and comfort thereto.

The 14th Amendment, Section 3, does not apply where President Donald J. Trump is concerned.

He can and will likely serve another term as POTUS.


ebuc
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@Greyparrot
Trumpets MAGA cult followers pardon him all the time. Go figure.

This is why their called cult followers. Truth, justice, criminaltiy and morality has no part in their minds.

They only see Trumpet as savior to end all ideas of of justice for all, fair play for all, morality for all, compassion for all, empathy for all, so on and so on.

MAGA = Mutually Assured Gags Applied

MAGA =  Mutually Assure God Arses
TWS1405_2
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@ebuc
Your reply is a big simmering pile of ad hominem stinking shit. 

Typical of those who are ill-equipped to have a legit discussion on the subject at hand. 
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@ebuc

Remember that TWS voted to make H L Mencken's prediction come true.
TWS1405_2
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@FLRW
Childish irrelevant comment spamming/trolling this thread. 
FLRW
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@TWS1405_2

Oh, cmon man, you know you love McConnell and want to see him as much as possible.
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And as I outlined in my 100% factually accurate legal analysis, 14/3 cannot and will not be applied to Trump for the analysis given.
You mean the  “legal analysis” of a weak minded, unemployed, uneducated, disabled, childless (sterilized), MAGA Moron?


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@ebuc
Trump has never been arrested for insurrection. Therefore it is impossible for Biden to pardon him.
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@IwantRooseveltagain
Whatever they do.....we can handle 
TWS1405_2
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And as I outlined in my 100% factually accurate legal analysis, 14/3 cannot and will not be applied to Trump for the analysis given.
You mean the  “legal analysis” of a weak minded, unemployed, uneducated, disabled, childless (sterilized), MAGA Moron?
Typical of the intellectual cowardice denialists proven flat out wrong in their ignorant rebuttals, this is the result. Sophomoric banal ad hominems crying like the little bitch in those grumpy the cat memes. Thanks, Fanchick, for proving that your emasculation is now complete.