• fubo@lemmy.world
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    1 year ago

    Even if elected, the Fourteenth Amendment bans Mr. Trump from legally serving without the approval of 2/3 of Congress, due to his participation in insurrection against the United States. Section 3 says:

    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.

    • Asafum@lemmy.world
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      1 year ago

      I think he would have had to be convicted of that. Even though it’s exactly what he did, he hasn’t been convicted of anything really. The only shit that ever sticks with him are low stakes civil cases he can just throw money at…

    • TableBreaker@lemmy.world
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      1 year ago

      You’re probably right, but has he been convicted of such? If he gets convicted of sharing secret documents is that equivalent? And if he gets convicted, what does the current no prison plea ultimately settle at regarding conviction of charges?

      • fubo@lemmy.world
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        1 year ago

        The Constitutional provision doesn’t require a criminal conviction; most Civil War rebels were not criminally charged.