Should trump be disqualified as president for rebellion against the constitution?

Author: n8nrgim

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TWS1405_2
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AP article say different.
Ditto. But he won't read it let alone acknowledge it. 
Cherry picking things they believe support them, doubling down on it in the wake of conflicting data, is all they can do. Deny deny deny and deny some more. 
IwantRooseveltagain
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AP article say different.
“officials also were intent on avoiding any appearance that the federal government was deploying active duty or National Guard troops against Americans”

Officials? Who exactly? which officials? Bill Barr? The Mayor of DC? Trump? Who?

This article was written the day after the insurrection. It took months to sort out who was responsible for the security failures. Idiots like you were saying it was Nancy Pelosi’s fault.

Oh, and you left this part of the article out:

“The actions of the day also raise troubling concerns about the treatment of mainly white Trump supporters, who were allowed to roam through the building for hours, while Black and brown protesters who demonstrated last year over police brutality faced more robust and aggressive policing”

“Mayor Muriel Bowser had warned of impending violence for weeks, and businesses had closed in anticipation. She requested National Guard help from the Pentagon on Dec. 31, but the Capitol Police turned down the Jan. 3 offer from the Defense Department, according to Kenneth Rapuano, assistant defense secretary for homeland security”

So the Mayor had asked for the National Guard.
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To disqualify Trump at this point in time, one must make a presumption of guilt. This country is founded on the presumption of Innocence. Until it is adjudicated otherwise, he is innocent, and therefore qualified.

Of course, he could perhaps be found guilty, but that needs to be seen.
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“The several hundred troops posted around downtown D.C. on Wednesday were there at the request of Mayor Muriel Bowser, to support local police”

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To disqualify Trump at this point in time, one must make a presumption of guilt. 
No confederate leader was ever found guilty of insurrection in court yet many were banned from running for office,

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“DCNG announced Monday it had mobilized 340 troops to support MPD, but that organization’s jurisdiction does not cover any federal land within the District, and so its officers ― and its Guard support ― could not have just rushed to the Capitol”

“Bowser put in a request for support Dec. 31, Army Secretary Ryan McCarthy told reporters on Thursday”


TWS1405_2
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To disqualify Trump at this point in time, one must make a presumption of guilt. 
No confederate leader was ever found guilty of insurrection in court yet many were banned from running for office,

False equivalency fallacy, and I also proved you wrong on this. There was one found guilty under 14/3 and barred from office, among other "elected" officials. So fuck off with this asinine retort. 
IwantRooseveltagain
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False equivalency fallacy
You can’t even spell, let alone understand what hearsay means. Because you’re a dummy. So understanding faulty logic is beyond your Jethro Bodine 6th grade education.



TWS1405_2
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False equivalency fallacy
You can’t even spell, let alone understand what hearsay means. Because you’re a dummy. 

The foregoing quote was spelled correctly.

You're just a jealous FanDick who sucks dick but cannot suck mine. LOZER!!! 
TWS1405_2
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  • STILL INCONTESTABLE!!!

14th Amendment, 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."

First key legal term in that criteria is "shall": Shall is an imperative command, usually indicating that certain actions are mandatory, and not permissive.

Second key term here is "engaged": involved in activity; involved especially in a hostile encounter

Third key term, and its legal definition thereof is, "insurrection": rebellion of citizens or subjects of a country against its government.

  • Rebellion: The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued.
The final legal term (phrase) in that criteria is "giving aid and comfort to the enemy": SECTION 3. Clause 1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open court.


"The two branches of treason, "levying war," and "adhering to their enemies, giving them aid and comfort," are distinct, and do not embody synonymous actions."

"The term 'enemies,' as used in the second clause, according to its settled meaning, at the time the Constitution was adopted, applies only to the subjects of a foreign power in a state of open hostility with us. It does not embrace rebels in insurrection against their own government."

"...whereas giving aid and comfort is generally committed in connection with a war waged against the United States by a foreign power."

President Donald J. Trump did NOT (shall have) directly engage in an armed insurrection "in a hostile encounter" against the United States Constitution for which he gave oath to support. Equally, President Donald J. Trump did NOT give aid and comfort to the enemy since there was no enemy (a foreign power) to give aid and comfort to on January 6, 2020. More importantly, the United States Government via the F.B.I.emphatically declared that J6 was NOT an insurrection. Nor was President Donald J. Trump charged with inciting a riotand/or directly engaging in said riot that was facilitated by FBI agents placed within the J6 crowd and Capitol Police who aided in the breach of the Capitol.

"The FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result, according to four current and former law enforcement officials."

No insurrection, as such no rebellion either.

No enemies (agents of a foreign power) were present at the events of J6 either. Therefore, no enemies for anyone to give aid and comfort thereto.

The 14th Amendment, Section 3, does not apply where President Donald J. Trump is concerned.

He can and will likely serve another term as POTUS.



IwantRooseveltagain
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The foregoing quote was spelled correctly.
Way to go Jethro! Naught naught

STILL INCONTESTABLE!!!
Lol, must be that 6th grade education!

TWS1405_2
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FanDick loves sucking dick. So much so he needs that sperm milk to continue not only be the asshole he so clearly is; but also his mouth enjoys being the asshole #2.  Fucking faggot. 
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@IwantRooseveltagain
No confederate leader was ever found guilty of insurrection in court yet many were banned from running for office,
Your point is moot. President Johnson pardoned them on  May 29, 1865.  They  were never tried nor convicted.
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@IwantRooseveltagain
No confederate leader was ever found guilty of insurrection in court yet many were banned from running for office,

Further the Amnesty act of 1872  allowed most of them to seek and hold office.
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They had to be arrested and charged with treason in order to be pardoned.
TWS1405_2
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Clearly they didn’t, otherwise it wouldn’t have happened. 
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Any pencil dick  here that believes 14:3 actually applied would have challenged me to an official debate by now. Since the chicken 💩 s haven’t, we’ll, that fact pretty much establishes their position is a heaping pile of shit that they know they cannot prove. 

I win, anyone contesting loses. 

Fuck you very much. 

Adieu 
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You might remember that Nixon was pardoned PRIOR to being charged.
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They  were never tried nor convicted.
Yet they were still banned from state or federal office

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Further the Amnesty act of 1872  allowed most of them to seek and hold office.
Did you research the Act?

Specifically, the 1872 Act removed office-holding disqualifications against most of the secessionists who rebelled in the American Civil War, except for "Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States."[5]

President Grant pardoned all but 500 former top Confederate leaders.

That’s a lot of people still banned
IwantRooseveltagain
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Any pencil dick  here that believes 14:3 actually applied would have challenged me to an official debate by now. Since the chicken 💩 s haven’t, we’ll, that fact pretty much establishes their position is a heaping pile of shit that they know they cannot prove. 
This is from an unemployed, loser who was an army enlisted guy with no children and lives off a government check.

They gay bashing indicates that TWS, aka Jethro Bodine, still has the mind of a 6th grader.

I win, anyone contesting loses.
This might be your greatest success since graduating Army boot camp! Great job Jethro!

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Citing my credentials gives away personal information. 
LOL, yeah, that's why I never mention that I'm a Nobel Prize winner, an Olympic Gold Medalist,  and an astronaut....I just don't want to give away too much personal information.


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The legality of Gerald Ford's pardon of Richard Nixon has been a subject of debate and controversy. Generally, presidential pardons are issued for individuals who have been charged with and convicted of federal crimes. However, there is no explicit requirement in the U.S. Constitution or federal law that a person must be formally charged with a crime before receiving a presidential pardon. The relevant constitutional provision is found in Article II, Section 2, Clause 1, which grants the President the power to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This language is relatively broad and does not specify whether a person must first be charged or convicted of a crime to be eligible for a pardon. It's debateable whether SCOTUS would have allowed this had it been contested.
Double_R
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@TWS1405_2
Sure, out of context. The definition I used was provided within the context of the discussion about J6, NOT the St. Floyd Riots of 2020. Big fucking difference. Both events are mutually exclusive, therefore the same definition given (#163) of insurrection does not apply
This is the most transparently hypocritical rebuttal I’ve ever heard. I can’t believe you actually wrote this.

So the 2020 riots were an insurrection because it fits the definition of insurrection you provided for the 2020 riots, and J6 was not an insurrection because the definition of insurrection you provided for J6 says it’s not an insurrection. Wow.

Please, enlighten us with your command over the English language and explain why each occurrence gets its own separate definition and how language is supposed to work when we use different definitions with completely different standards in order to compare two different things.

you cannot say with absolutism that not a single person would not be present J6 to rightly protest and voice their grievances in redress to the government.
Plenty of people were there for only this purpose. That’s irrelevant to this conversation. Remember when liberals argued that the 2020 riots were “mostly peaceful” and you flipped your shit because you didn’t care about the peaceful protesters, all you wanted to focus on were the burners and looters? Now apply that same standard here.

January 6th was committed by thousands of rioters, each with their own specific purpose and goal. Some were there to commit seditious conspiracy, some were there to hang the VP, some were there to fight with DC police, some were just going with the flow… you’re always going to have someone you can point to who didn’t fit the characterization of that day. That doesn’t take away from the overall picture of what happened.

What makes it an insurrection are the motivations behind it. Specifically, the motivations of the person who organized and cultivated it. That would be Donald Trump. Every single person involved was following his lead. If he announces on November 8th that the election was won by Biden fair and square and prepares for a peaceful transition, no one shows up to Washington, there is no rally, the Capitol is never breached, January 6th is yet another day no one remembers just like every other election cycle.  They were there because he very clearly signaled to them that he wanted them there. It was all part of his plot to stop the certification and send it back to the states so they would chose his fake electors over the real ones. Violence as a means of gaining power over a government… yeah, I would say the framers of the 14th amendment certainly had this in mind.

And they breached the Capitol due to the egging on by undercover FBI agents and others in the crowds, and Capitol Police moved barricades, opened doors, and just stood around after the breach happened. All of this is documented in video evidence that you cannot refute.
The Capitol police stood down once the Capitol was breached and they realized they were clearly outmanned. It was the best decision they could make given the circumstances, further resistance would have only lead to more people getting hurt.

Look at the time stamps. All of the videos you see of rioters being escorted around took place well after the videos of Capitol police getting pummeled by the rioters. This pis common knowledge and common sense to anyone who has actually looked at what happened that day, not just watched Tucker Carlson.

The idea that this was somehow organized by the FBI as some plot to take down Trump is egregiously stupid. 140 Capitol police officers were injured that day, I would really love to know what you think that meeting looked like as they sat there planning how they were going to egg on thousands of people to attack themselves and then proceeded to get hurt in the process and then none of them ever spoke about it since. This is 9/11 - Sandy Hook level of absurdity.

Trump did not hold a gun to anyone's head and forced them to breach the Capitol
 That’s not how incitement works

Not one rioter in 2020 burned or looted because Maxine Waters told them to.
Sure, they did, and in every other riot thereafter. She gave them carte blanche to do it going forward.
Now you’re not even pretending to be serious.

Provide a shred of evidence that a single rioter was doing so because Maxine Waters told them so. Go.

No, they did not. Saying so doesn't make it so. Especially with a so-called committee ran entirely by democrats suffering from Trump Derangement Syndrome locking out any and all Republican input. It was an entirely one-sided shit show that didn't even include contradictory video evidence that refuted much of their asinine assertions.
The committee was co-chaired by a conservative republican who voted with Trump over 90% of the time.

They didn’t block out all republican input, only input from a select group of republicans who had no intention of seriously investigating the events and in some cases were themselves key witnesses to the heart of the investigation. Republicans decided afterward to not participate, except the ones that did.

There is no evidence which contradicts the committee’s general findings, only snippets of information that might appear so at first but ignore the greater story.

I have the academic and professional training/experience that equips me with the requisite knowledge, intellect and experience with the subject matter.
I have always been skeptical of this, now I know it’s bullshit. It’s not only that you are ignorant of basic concepts in how the law works, it’s more importantly that you demonstrate an inability to engage in productive rational conversation.

You consistently accuse me of sophistry, implying that this is a reason to not engage with me, but anyone who has ever presented a legal a argument knows that this is what the legal arena is all about. For anyone to thrive in that arena they need to expect it and know how to deal with it. You don’t. When presented with anything you consider sophistry you immediately engage in insults followed by chest pumping. No qualified professional would ever conduct themselves in this way.

So no, you are clearly not what you claim. I’m so sorry life didn’t work out the way you hoped. Get over it.
Double_R
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To disqualify Trump at this point in time, one must make a presumption of guilt. This country is founded on the presumption of Innocence. Until it is adjudicated otherwise, he is innocent, and therefore qualified.
We all have the right to our freedom, no one has a right to hold public office. Criminal trial standards to do not apply to the 14th amendment.
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@Greyparrot
WASHINGTON (AP) — Three days before supporters of President Donald Trump rioted at the Capitol, the Pentagon asked the U.S Capitol Police if it needed National Guard manpower. And as the mob descended on the building Wednesday, Justice Department leaders reached out to offer up FBI agents. The police turned them down both times, according to senior defense officials and two people familiar with the matter.
Setting aside that this, even if fully accurate, does not refute anything I previously said, I have a question…

Do you believe Trump was concerned with Capitol security heading into J6 and do you believe he did or tried to do anything about it beforehand? Yes or No?
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@Sidewalker
Citing my credentials gives away personal information. 
LOL, yeah, that's why I never mention that I'm a Nobel Prize winner, an Olympic Gold Medalist,  and an astronaut....I just don't want to give away too much personal information.
He reminds me a bit of Trump, even when he tries to restrain himself and sound like a reasonably intelligent person, it’s only a matter of time till his natural self comes back out with the cursing all caps insults in place of any substantive response.

But this is a guy who has demonstrated the ability to present powerful legal arguments and win cases  based on merit. Ok bro.

It’s absolutely pathetic.
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@Double_R
Hard to say. While it's clear his administration was concerned, it's hard to verify if Trump initiated that concern.
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@Double_R
It’s absolutely pathetic.
4 > 1
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@IwantRooseveltagain
The 2 acts under  2 different Presidents resulted in no indictments, and allowed all but 0.05% from holding office.

Here is a statement from NPS...."On February 15, 1869, Jefferson Davis was scheduled to begin his trial in the United States District court in Richmond, Virginia. He was charged with treason against the United States for his part in leading the states in rebellion during the American Civil War, 1861-1865. But instead proceeding with the trial, federal prosecutors entered a “nolle prosequi,” or statement of decision not to prosecute.

Thirty-seven other treason indictments were dropped at this time as well, including the pending litigation against Robert E. Lee. All former Confederates not under those indictments had been mass pardoned by President Andrew Johnson the previous Christmas Day, and the February nolle proesqui order drew to a quiet conclusion any threat of legal action against anyone for their participation in the war against the United States." 



 see John Reeves, The Lost Indictment of Robert E. Lee: The Forgotten Case Against an American Icon (Rowman & Littlefield, 2018), 63-64.

 see Cynthia Nicoletti, Secession on Trial: The Treason Prosecution of Jefferson Davis (Cambridge University Press, 2017) for the definitive account of the Davis trial.