Enforcement of the 14th Admendment, Article 3

[BIGDADDYFROMCINCINNATI]

(01-06-2024, 02:57 PM)JustWinBaby Wrote: I'm old enough to remember when Democrats mockingly said "LOL your guns are useless - the government has tanks!".  Yet, somehow, a few hundred rioters armed with a couple of guns, a few knives and a bunch of sign posts between them is an insurrection.

Yes, the language is pretty clear that one need not be convicted, or even charged with, insurrection.  However, any reasonable and objective person knows that was a riot and nothing remotely close to an "insurrection".  Additionally, I don't believe ANYONE has been charged or convicted with insurrection.  A handful were charged with sedition, but I've not seen any links or evidence of communication or coordination with Trump.

So while Trump doesn't need to be charged or convicted, certainly SOMEONE would have if there actually was an insurrection.  Otherwise we're just back to making up words or changing the definition to suit an agenda, which should surprise no one. Just calling it an insurrection doesn't make it so, much less establishing Trump's participation or culpability.  The entire thing is almost as ridiculous as calling the border crisis an insurrection and saying it disqualifies Biden (which, yes, was proposed mockingly to highlight the absurdity of all this).


The correct and lawful remedy was impeachment over his words and actions after the election.  Changing the definition of words and then using courts (or less) to boot him off ballots is, sadly, pretty un-democratic.  And while impeachment is not a criminal proceeding or exactly an impartial jury, there remains the problem Trump WAS impeached (a.k.a "charged") and acquitted.  So there was some degree of due process.  Which is very problematic for all this, unless you're a banana republic.

Insurrection as defined: A violent uprising against an authority or government, or opposed by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States.

So nope sorry, you're entirely wrong here. 

• Capitol police officers were maimed for life. They lost fingers, limbs, were blinded for life with bear spray, and beaten with baseball bats and various other objects.  Officer Sicknik died and others had heart attacks from being tased--- So there is plenty of violence.
•  The fake elector's scheme in and of itself is enough evidence to call it a failed coup aka an insurrection.  
• Trump told the crowd to go down to the Capitol and fight like hell and that he'd be with them.  Trump told them this with the purpose of stopping Congress from their official duties of counting and certifying the electoral college ballots.-- That's an attempt to hinder or delay the execution of the Constitutional election law of the United States.  
• Then when Trump was asked by Kevin McCarthy and Mike Pence to put a stop to it, he refused--- That's called, "Giving aid and Comfort to an insurrection." Also, another violation of the 14A, Article 3. 
• Congress did delay the counting and certifying of electoral college ballots due to the violence of said insurrection.
  

• People were charged and convicted of obstruction of Congress,  and also seditious conspiracy to overthrow the gov't of the United States as a direct and proximate result of Trump's actions on Jan 6th. 
  

So again,  no one needs to be charged or convicted of insurrection, it just has to be by a preponderance of the evidence, and there's plenty of that in the aforementioned events.