Trump should be barred from taking office. Here is the 14th Amendment and the law regarding mutiny/insurrection (they are the same)
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.
(a)Any person subject to this chapter who—
(1)with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2)with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3)fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
Challenge to any MAGAs who can justify Trump's inaction on Jan 6th and not come to the charge of mutiny
9
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Feel free to reply to any comment by clicking the "Reply" button.The charges against Trump are bogus but If the democrats keep Trump off the ballet they will be doing the GOP a favor as DeSantis will easily defeat Biden.
Trajan61
Level 8
Sep 1, 2023
0
Well, I would be very interested in how you equate Trump's inaction on Jan 6th as bogus. Let alone the Fake elector schemes in various states. (Please use reasoned arguments here NOT just memes)
"fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition."
I cannot think of a clearer case of "failing to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence," than his nearly 4-hour inaction but prove me wrong.
That said I do agree with you that the GOP would be best served if he were off the ballot. To the extent that I think it is elements of the right in the GOP establishment that have instigated this.
DeSantis is failing faster than Trump's casino He has gone from 24% to 15% despite huge amounts of money poured into his campaign. It is not just his complete lack of personality, it is his incompetence at governing too. Hurricane Ian landed in October, he did not even get temporary shelters in place till December. And whilst we are at it, can you please explain how the people of the US and Florida have been best served by him going to Texas, kidnapping migrants, flying them 1st to Florida and then on to Marthas Vinyard, all on the Floridian taxpayer's dime?
While I totally agree that Trump violated the 14th Amendment and should be barred from holding office ever again, I am not sure it would be the best remedy. He still enjoys wide support, and his cult followers would surely see keeping Trump's name off the ballot as a bogus political ploy. Better to let him run again, and beat his ass again at the ballot box. Meanwhile, let these lawsuits run their course, and let the press report on them (and his various criminal trials) assiduously. The more the public scrutinizes Trump's actions, the less likely he is to win. 
Flyingsaucesir
Level 8
Sep 1, 2023
1
I believe there are law suits aimed at keeping Trump off the ballot pending in New Hampshire, Michigan, and Arizona. Expect similar actions in other states.
Flyingsaucesir
Level 8
Sep 1, 2023
1
Not holding those at the top accountable got us where we are today. Justice is brutal for those at the bottom of our social class system. Those at the top have never really been held accountable.
I am not optimistic this time around we will see anything really earth shattering.
Sadly one group has always known their ideas were never going to be popular so they began gerrymandering their districts, stacking and packing the courts and telling bolder and bolder lies.
It's been their platform for over 40 years. In 2020 they did away with any pretense whatsoever. Over 40% of U.S. citizens who voted wanted trump back in the WH. The very people who would be most harmed by the curtailing of or outright removal of the social safety net programs they have come to rely on wanted trump as their leader.
I'll never understand that one.
silverotter11
Level 9
Sep 1, 2023
3
"The very people who would be most harmed by the curtailing of or outright removal of the social safety net programs they have come to rely on wanted trump as their leader." True, true. Here's why: those same programs would also benefit people they view as not only less deserving, but also beneath them in the social pecking order. They would literally rather do without than have the other get any benefit.
So many have expressed doubts upon whether the SCOTUS would barr Trump from office. I will address it here.
Aside from it being correct and legally backed up by scholars far more versed in the Constitution than any here. There are two large reasons for this which are purely self-interest. 1) Dictators have no use for judges (see Netanyahu). 2) Your scepticism presupposes that the GOP actually want Trump to run. Sure you would be hard-pushed to find any that would express that view in public but if he dropped dead on the 5th hole, we all know the collective sigh of relief in the GOP could power wind farm for days. As it stands now they have a leading candidate who most probably will be convicted and awaiting appeals by November 2024 and a) Is unlikely to beat Biden b) If he does will give the SCOTUS an even worse decision ie. Can a POTUS pardon himself?
Now as we all know God does not exist (if he did then Trump would have felt the lightning bolt when he held that bible up in Washington) and barring letting Putin's aircraft maintenance guys service the Trump plane. The 14th Amendment seems like a godsend. So much so that it would not surprise me if members of the SCOTUS had not discussed it with those scholars prior. Think about it, McConnell and McCarthy and great swaths of the GOP leadership would be able to wash their hands of him and say with all the fake sincerity they so easily can muster "We are sorry Donald, You know how much we have supported you but it's out of our hands. Meanwhile ----- looks like they have a good chance of beating Biden. There is a pardon in it for you if you endorse them"
273kelvin
Level 8
Sep 1, 2023
1
SCOTUS has been baffling Constitutional scholars since at least 1979 when they ruled that corporations have freedom of speech. They are the only ones whose opinion matters in this regard, and I don't see them throwing Trump under a bus. Gonna be an interesting election for sure.
Druvius
Level 8
Sep 1, 2023
4
See above comment
It is all a matter of interpretation and who's doing the interpreting.
jlynn37
Level 8
Sep 1, 2023
2
I do not think that section 3 leaves much open for interpretation.
"fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition."
His inaction for nearly 4 hours whilst the Capital was under attack, is as clear a case of "failing to do his utmost to prevent and suppress a mutiny or sedition" as there can be.
Trump is not a lawyer. He can't be disbarred. He never passed the bar. He never went to law school. He transferred from Fordham to Wharton, through a donor admissions and somehow managed to squeeze a BA in economics. The stable genius is not particularly well educated.
barjoe
Level 9
Sep 1, 2023
3
Sorry if I used the wrong term, I meant to say "barred from taking office."
Even if any states had the balls to keep him off their ballot (this would be a state to state thing, the federal government can't decide what the states put on their ballots) the only states that would do it are states he wouldn't win anyway.
ChestRockfield
Level 8
Sep 1, 2023
1
Two suits have already been filed—one in Florida and a more hopeful one in Michigan. The latter is likely to go before a Democrat Judge where it will undoubtedly be appealed and should end up before the Supreme Court. Now, the Court may be very pro-GOP in most matters, but it has ruled against Trump regarding the 2020 election. The Court will also have in mind that Trump could well dissolve the Court if he sees fit once back in office
@273kelvin They know what side their bread is buttered on. They may side against him on individual rulings, but I don't think they'd do anything to increase the chances of the Democrats winning. All they care about is power... and subjugating women.
@273kelvin They (GOP state oficials) are trying to get her removed. The views of the Movement Conservatives has always been unpopular and so they resorted to stacking and packing the courts. Quieting subverting the idea that government has a roll to play in helping those at the bottom.
Sadly we have never held those at the top accountable.
@silverotter11 See my latest comment above.
@273kelvin I hope you are right but I see those on the SC as the worst of the bunch in believing they do not have to be accountable to anyone. The makeup of the current court has been the long goal of the Movement Conservatives.
@silverotter11 If you read my above comment, I make the case that this may be coming from the GOP and the SC itself. They are certainly on the same dinner circuit
@273kelvin Dinner circuit - HAHAHAHAHAHAHAHAHAHAHA
Sweet jeebus I hope you're correct.
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