Quote (gnarjay @ Dec 29 2023 03:03pm)
tbh, you seem intent on misunderstanding everything I post. if you want to understand it, youre gonna have to do it yourself and I was nice enough to give you a link to his indictment. the indictment spells ALL of that out, I cant translate 45 pages into bogie-speak
The problem with our discussion is not that I'm misunderstanding you, it's that you're fundamentally confused.
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the big thing you are missing is that he doesnt need a specific "insurrection" charge to be barred from office, his actions on and leading up to Jan 6 disqualify him based on the language of the Insurrection Act. you can play semantics all day but that doesnt change the facts
The Insurrection Act empowers the President to put down with force any rebellion or insurrection.
Here is the definition of insurrection per the U.S.C
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Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
It is a crime to commit insurrection, and it could potentially bar Trump from holding office, but this is a moot point as Trump is not being charged with insurrection as a crime. Ergo, he is not barred from running for office.
A secondary question is whether or not the President, who is the Executive branch personified, falls under an "officer" of the United States. Personally, I lean towards no, and the proper recourse for a rogue executive is clearly spelled out in the Constitution by way of impeachment. But if that ever becomes a matter before the Supreme Court it will be a fascinating decision to watch.