General Discussion

StarfishSaver

(18,486 posts)

15. I can think of a couple of possibilities

Sat Feb 13, 2021, 10:27 PM

Feb 2021

First, if Trump were charged with and convicted of insurrection in a regular criminal proceeding, the conviction would be sufficient (although it could be stayed on appeal).

Another method would be for Congress to pass legislation setting up a special court and proceeding for such a purpose that could adjudicate the issue - for example, a tribunal like the FISA court.

But however it's done, it would likely take awhile, so this solution isn't as simple or quick as some are making it out to be.

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Confused: are we sure the 14th amendment is off the table? [View all] soothsayer Feb 2021 OP

Yeppers, this is essentially what we wanted done with this failed conviction msfiddlestix Feb 2021 #1

Ok but it says: soothsayer Feb 2021 #5

This can't be done this way StarfishSaver Feb 2021 #12

Rightio soothsayer Feb 2021 #16

Do We Know Why The Dems Didn't Use The 14th Amendment Route The First Time? Indykatie Feb 2021 #2

Because the 14th Amendment is not something Congress can invoke by itself StarfishSaver Feb 2021 #11

Neil Kayal explains: hlthe2b Feb 2021 #3

I get the feeling nothing is off the table. Even people in Congress who could be OAITW r.2.0 Feb 2021 #4

It needs a conviction in a court. servermsh Feb 2021 #6

Thank you StarfishSaver Feb 2021 #8

Agreed. TwilightZone Feb 2021 #14

You probably have a source already, but... TwilightZone Feb 2021 #21

This will work ONLY if a court rules that Trump is guilty of insurrection StarfishSaver Feb 2021 #7

Ah. That makes sense. soothsayer Feb 2021 #9

Forgive my ignorance on this subject, MontanaMama Feb 2021 #13

I can think of a couple of possibilities StarfishSaver Feb 2021 #15

Got it. MontanaMama Feb 2021 #18

This is what I was trying to ask. Thanks for the explanation. Vivienne235729 Feb 2021 #46

Where are you getting the notion that there must be a conviction? Nevilledog Feb 2021 #19

So a Republican-controlled Congress could have banned Obama from running for a second term NYC Liberal Feb 2021 #20

Read the article....it goes into more detail. Nevilledog Feb 2021 #22

You think Republicans need facts? lol, no TwilightZone Feb 2021 #23

Impeachment was a determination. Nevilledog Feb 2021 #32

The courts would defer to Congress' conclusion, but would still make the decision StarfishSaver Feb 2021 #39

The Constitution StarfishSaver Feb 2021 #24

From the law fare article TwilightZone referenced Nevilledog Feb 2021 #33

Also from the same LawFare article you cited StarfishSaver Feb 2021 #34

That's talking about no impeachment proceedings. They can't just decide to use it by itself. Nevilledog Feb 2021 #36

Did you read the whole article? StarfishSaver Feb 2021 #37

From what I've seen, Schumer did not say he was seriously considering it. TwilightZone Feb 2021 #10

Gotcha soothsayer Feb 2021 #26

Kind of odd, actually. TwilightZone Feb 2021 #28

Certainly won't gripe if that works out, but I really think it's up to voters Hoyt Feb 2021 #17

They "beat him" in 2016 as well... regnaD kciN Feb 2021 #29

OK, guess we are going to refuse to accept election results too. Hoyt Feb 2021 #31

Until/unless Trump is convicted of criminal charges of Insurrection, 14th is likely off the table. Fiendish Thingy Feb 2021 #25

that is my understanding as well, and I doubt he will be criminally charged Celerity Feb 2021 #30

He doesn't have to be criminally charged, but there does have to be a judicial StarfishSaver Feb 2021 #40

This message was self-deleted by its author Celerity Feb 2021 #42

Oki, poor wording upon my part. Celerity Feb 2021 #43

Of course it is Bettie Feb 2021 #27

It's not off limits. But it can't be done without judicial determination of guilt StarfishSaver Feb 2021 #35

He's worked the judicial system his entire life Bettie Feb 2021 #38

How was this applied to the original Confederates after the Civil War? NotASurfer Feb 2021 #41

At the time, everyone who served in the Confederacy was deemed by law to be an insurrectionist StarfishSaver Feb 2021 #44

I think if there was a will to use the 14th they would be all over it. All I hear Hotler Feb 2021 #45