ST Alpha - "I don't even think it's supported (yet). We do live in a world of innocent till guilty. Absent him actually being convicted, I don't think it would " (Reading a Post)

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In response to "As much as I think he deserves it and the law supports it, I think it’s a mistake.(absent a conviction for insurrection)." by pmb

I don't even think it's supported (yet). We do live in a world of innocent till guilty. Absent him actually being convicted, I don't think it would

Posted by Will Hunting (aka JoeMetz) Aug 20 '23, 08:20

stand up to scrutiny just because he started a riot. He didn't swear fealty to another flag which was the crux of the original amendment.

I get there are legal arguments in the other direction, but if it comes down to a not-guilty man being denied the ballot, do you have any faith the USSC will rule against him?

Roberts isn't a fucking idiot ... he's looking big picture and he knows if they do that on a potentially not-guilty person, it's opening the door as you say to a banana-republic schism.

he gets convicted of Jan 6th crimes...boot his ass in a heartbeat.

Responses:

Section 3 of the 14th Amendment doesn't require a criminal conviction (though he'll probably get one). you try to overthrow the duly elected gov't - hollywood big shot Aug 20, 08:24 6
- I read it. I'll stand by my comments. A not-yet guilty man getting booted from the ballot is a huge bridge to cross. - Will Hunting Aug 20, 08:27 5
  - It is supported without a conviction (even the Federalist Society law professors have taken that position), but I agree. Practically it would be a - pmb Aug 20, 08:30 4
    - We could start putinizing elections, he routinely gets opposition charged with corruption in some backwarer court to prevent their candidacy -- nm - zeitgeist Aug 20, 11:21
    - But. I will add that I would assume it would take something equivalent to a trial in the state houses to conclude that he is guilty of insurrection - pmb Aug 20, 08:34 2
      - What we need you to do is post how you are wrong and the steps you are doing to make it right -- nm - con_carne Aug 20, 09:18
      - Do you understand that we all know you are a lawyer and we all want you to do what's right? -- nm - con_carne Aug 20, 08:57

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I don't even think it's supported (yet). We do live in a world of innocent till guilty. Absent him actually being convicted, I don't think it would

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