General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo what if tfg cant be on the ballot?
My swarthy prediction: he will push princess forward into the number 1 spot and claim he will be her unofficial advisor. He will then try to get her to pick little Don for vp, but she will want to pick some energetic Gen z unknown almost minority. Daddy won't win, but he won't stop promoting junior.
"She will make a great president. She is a great package - beautiful, poised, great figure, and I will be right there to advise her. Together, we will...."
"After all, who would deny a daughter her father's advice?".
"I will pick up right where I left off in the oval office"
"Don Jr will be a great vp. Eric will be the best secretary of the treasury EVER!".
That way he keeps campaigning and keeps the Maga base.
She moderates and goes for the women/youth vote.
Don Jr vacuums up the energetic moron vote.
WarGamer
(18,606 posts)And it'll probably get thrown out in SCOTUS.
getagrip_already
(17,802 posts)It's about his ability to hold any office. Read the amendment.
It states he would be ineligible to hold any office. It says nothing about primaries or elections.
The primaries are what created urgency for the ruling, but the amendment is not specific to elections and neither is the ruling. It stands for the general as well .
enid602
(9,681 posts)Except all the conservative justices boast being strict constitutionalists. The 14 Amendment is pretty clear and succinct.
WarGamer
(18,606 posts)By extension...
Couldn't a future red State ban a Democrat from a ballot for an accusation?
Things like this don't exist in a vacuum and will be used against US too.
Fiendish Thingy
(23,174 posts)Trump wont be disqualified unless/until he is convicted by a jury of a relevant crime.
The Colorado ruling will not stand.
getagrip_already
(17,802 posts)To reverse this ruling would be to nullify the clear intent of the 14th amendment.
It would also fly in the face of a clearly transactional court. To allow tfg on the ballot could be signing their own dissolution papers. A second tfg term would have little use for a court that could reverse his decisions. They know that. If this court is nothing else, it is protective of its own powers.
Fiendish Thingy
(23,174 posts)There must be a legal finding of fact, in the form of a conviction by a jury, in which the accused has an opportunity to present evidence, under the rules of evidence, and question witnesses.
I dont believe that was the case in Colorado, since no charges were brought.
getagrip_already
(17,802 posts)It merely states that an individual engaged in insurrection. Not by a court of law, just engaged in.
It was enough for two courts already.
Fiendish Thingy
(23,174 posts)Due process creates a structure from which to establish a finding of fact under the law through indictment, trial, and conviction.
Otherwise, all it takes is convincing a friendly judge.
Im sure Judge Cannon would only need a one page memo to convince her to disqualify Biden.
TwilightZone
(28,836 posts)There needs to be at least some basis for the finding. In Trump's case, there is one. If Cannon pulled a stunt like that, it would be immediately overturned by an appellate court and that finding would breeze through the SC 9-0.
Fiendish Thingy
(23,174 posts)A judges opinion alone is not sufficient for disqualification.
TwilightZone
(28,836 posts)Due process rules for the criminal trial process don't seem to be applicable.
I thought that there would need to be a conviction prior to a ruling of this nature, but for practical reasons and not legal ones. I thought a conviction would shore up the legitimacy of the effort in the eyes of the public.
Bludogdem
(93 posts)Intent of section three was to specifically punish the specific class of individuals who seceded from the United States. The president and vice president werent in that class. The text equally doesnt include the president or Vice President. The President appoints officers of the United States, officers of the United States arent elected. See the Appointments Clause of the Constitution.
TwilightZone
(28,836 posts)Many legal experts disagree, including one who testified in the case.
https://thehill.com/regulation/court-battles/4287766-14th-amendment-trump-colorado-disqualification-trial/
As for the argument that the presidency is not an office:
"Members of the 39th Congress, which proposed the Amendment, repeatedly referred to the president as an officer.
Historically, the distinguishing feature of an officer is that they swore an oath. And while Mr. Mukasey is correct that Article II, separately from Article IV, mandates a presidential oath, lawmakers made no distinction between these oaths for the purpose of Section 3."
https://www.theusconstitution.org/blog/responding-to-mukasey-the-president-is-an-officer-under-section-3-of-the-fourteenth-amendment/
Raven123
(7,788 posts)getagrip_already
(17,802 posts)In any office, including potus. That's why they threw him off the ballot.
Section 3 denies him the ability to serve, not the ability to be on the ballot.
There is no prohibition to being a father giving advice however.
TwilightZone
(28,836 posts)Raven123
(7,788 posts)rurallib
(64,688 posts)He could lose by 100,000,000 and claim the election was stolen
stopdiggin
(15,439 posts)Ivanka? Nope - gotta be a joke.
TwilightZone
(28,836 posts)He can't just assign the nomination to his daughter. That's not how it works. That's not how any of this works.
Trump isn't about to relinquish the nomination to anyone, including family members.
getagrip_already
(17,802 posts)If scotus rules tfg is ineligible to serve and instructs state ag's to remove his name from ballots, than whose name does the gop submit?
This won't be up to tfg at that point. He can only try to use his influence to get someone else nominated, or blow the whole ship up and have no gop nominee.
Likely the gop will submit a nominee. Scotus will give them time. That's why this is on a greased rail.
The question is who if not tfg.
TwilightZone
(28,836 posts)If Trump isn't on primary ballots because he's DQ'd by SCOTUS, he's not going to win the nomination. Haley or DeSantis probably would, unless someone comes out of the woodwork very soon.
SCOTUS isn't likely to wait very long to make this ruling, so it's not going to run up into the convention, etc. I think we'll know in a couple of weeks if they're going to allow this to stand, even before the primaries start. They really don't have any choice because primary ballots are due to be finalized soon in some states, including Colorado.
getagrip_already
(17,802 posts)They look like it because the parties give them the outward trappings of elections, but they really aren't.
The electors nominated in each state aren't actually bound to a candidate. In fact, the electors can be replaced at any time up until the nomination. The nomination can quite literally go to anyone the party decides to give it to at the very last moment. States don't even need to hold primary elections. They can just hold a convention of electors.
The old stereotype smoke filled back rooms used to be the reality.
So yeah, the party can choose a nominee any time they want. It may not be popular, but they can do it.
And like it or not, tfg has a stranglehold on the party.
TwilightZone
(28,836 posts)They passed some rules that bind the electors to the candidates and require them to nominate the winner at the convention.
The rules can only be changed by a 2/3 vote. Trump-designated delegates are not going to allow a change in the rules to disqualify Trump.
They're pretty much stuck with Trump, unless he voluntarily drops out or the SC says he's ineligible. McDaniel has already said they'd stick with him, even if he's convicted and jailed, with some "two-tiered system of justice" nonsense.
This article covers it pretty well.
https://apnews.com/article/trump-republican-delegates-2024-nomination-0bc16f9bf75ae9f42d85a8a5276aa03b
getagrip_already
(17,802 posts)In my best artie Johnson voice.
I guess it's another example of killing everything he touches.
TwilightZone
(28,836 posts)They were worried that delegates would bail on him once they got to the convention, as I recall, so they locked them in.
Little did they know....
MOMFUDSKI
(7,080 posts)orange menace can't be on the ballot. Gotta love a pile on!
duckworth969
(1,348 posts)But I think USSC might not take this up right away.
I think they might sit back and wait for a few more states to move on it.
Wait for the pile on then weigh in.
When the swing state SCs start to move on this, thats when the fun starts.
TwilightZone
(28,836 posts)Primary ballots are due to be finalized soon in some states, including Colorado. SCOTUS would need to rule on it quickly so that the ballot situation can be resolved.
getagrip_already
(17,802 posts)Then there is a split between the district rulings and scotus has even more reason to step in snd settle the issue nationally.
Johonny
(26,154 posts)To still run.
getagrip_already
(17,802 posts)They won't leave a case where he can run in some states but not others.
Not on an issue that turns on a constitutional issue.
They will take it on an expedited basis and however they rule, it will be a national decision.
Fingers crossed.
Johonny
(26,154 posts)Hilarious limited rulings.
TwilightZone
(28,836 posts)Unless SCOTUS DQ's him, I think he's still the nominee.
getagrip_already
(17,802 posts)The ruling isn't just for the primary. It keeps him off all federal ballots forever in Colorado.
Scotus will have to take up the case. They will either keep him off all ballots nationally or keep him on all ballots.
They won't leave it with con f licting rulings in different states.
TwilightZone
(28,836 posts)With some states close to finalizing ballots, including Colorado, they'll likely need to do so soon.