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stopdiggin

(15,643 posts)
3. is he going to be kept off the ballot in 50 states?
Wed Jul 19, 2023, 12:22 PM
Jul 2023

on the basis of the congressional investigation you point to? Clearly, that answer is, "No." Then the second gateway would be would Congress refuse to swear in and seat (on the basis of 'insurrection' and the 14th) a candidate that had secured the necessary number of electoral votes in the election that follows? I think the answer there is, "also very, very unlikely."

Couple other things. Are we sure that the 'congressional investigation' - "establishes the former President as being guilty of insurrection." That language used? And - I think a federal court 'receives' an indictment, that is handed up by another agency. Is such an indictment being tendered (or prepared) - by either Congress or Justice?

Despite your argument - I think conditions (and the law) would require a clear finding - meaning conviction in court - on the charges that would trigger the 14th. And I don't think the "well, we have ample 'evidence' " argument (without that conviction) is going to go anywhere. (outside of maybe discussion groups)

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