Don't impeach Trump: Treat Him Like a Civil War Traitor

[Jetheels]

The inglorious, deadly siege of the U.S. Capitol last week has left Congress, once again, no choice but to impeach Donald Trump as punishment for his role in instigating the lawless throngs that brought to a halt the certification of Joe Biden as the next president of the United States.


https://nymag.com/intelligencer/2021/01/dont-impeach-trump-for-insurrection-use-the-14th-amendment.html

[Mister Ed]

1. Unfortunately, that means erecting statues of him, and naming military bases after him.

What a godawful disgrace, to honor traitors that way. Should we have a Fort Benedict Arnold, and erect statues to Ethel and Julius Rosenberg as well?

[Warren_Pointe]

2. Name a university after him? Again?

Traveler's stable is a shrine at Washington and lee.

[malthaussen]

3. The 14th's language *might* support that.

It does say "officer of the United States." But it goes on to mention "executive" officers of the States, implying that executive officers are a separate category, and does not tag executive officers of the US. A defense could probably be floated on that basis.

-- Mal

[lagomorph777]

5. The actual text does not offer the wiggle-room you are reading into it:

Everybody in every one of the categories listed is subject to this penalty. That's why they use the word "or." The President is an Officer Of The United States, same definition as in the Impeachment Clause.

"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."

[malthaussen]

6. Yeah, that seems reasonable.

But since the language does specify "executive or judicial officer" of any State, one could argue that they should have specified "executive or judicial officer" of the United States. Ultimately, I guess it depends on how the judge is feeling that day.

-- Mal

[lagomorph777]

4. Bullshit. Do both, plus charge him criminally for a very long list of crimes, up to insurrection.