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Precedent

HHusky
HHusky Member Posts: 23,905
https://www.citizensforethics.org/reports-investigations/crew-reports/past-14th-amendment-disqualifications/

Historical precedent also confirms that a criminal conviction is not required for an individual to be disqualified under Section 3 of the Fourteenth Amendment. No one who has been formally disqualified under Section 3 was charged under the criminal “rebellion or insurrection” statute (18 U.S.C. § 2383) or its predecessors. This fact is consistent with Section 3’s text, legislative history, and precedent, all of which make clear that a criminal conviction for any offense is not required for disqualification. Section 3 is not a criminal penalty, but rather is a qualification for holding public office in the United States that can be and has been enforced through civil lawsuits in state courts, among other means.

The precedent likewise confirms that one can “engage” in insurrection without personally committing violent acts. Neither Kenneth Worthy nor Couy Griffin were accused of engaging in violence, yet both were ruled to be disqualified because they knowingly and voluntarily aided violent insurrections. These rulings are consistent with the views of Attorney General Henry Stanbery, who opined in 1867 that when a person has “incited others to engage in [insurrection or] rebellion, he must come under the disqualification.” President Andrew Johnson and his Cabinet approved that interpretation, and Johnson directed officers commanding the Southern military districts to follow it.
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Comments

  • HHusky
    HHusky Member Posts: 23,905
    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.
  • Sources
    Sources Member, Swaye's Wigwam Posts: 4,333 Founders Club
    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Yes the GOP participants

    Article 17 of the constitution
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    We've shown the error

    Everyone gets it

    Almost
  • HHusky
    HHusky Member Posts: 23,905
    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
  • Sledog
    Sledog Member Posts: 37,792 Standard Supporter
    Yet they cited NOTHING concerning what Trump did or said. He never told people to attack the capitol and now with the J6 tapes out we know that none of them did.

    I think Ray Epps would not get this treatment he's the only one besides actual FBI agents inciting anything but then he was working for them!
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    How does one differentiate partisan cowardice between the national court and the Colorado court?
  • HHusky
    HHusky Member Posts: 23,905

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    How does one differentiate partisan cowardice between the national court and the Colorado court?
    When the SCOTUS ducks the legal issues for procedural quibbles, you'll have your answer.
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    So you're unable to back up your assertion as usual
  • UWerentThereMan
    UWerentThereMan Member Posts: 3,475
    Is "locker room talk" part of the precedent? A buddy of mine with two fake law degrees and a PHD in media deconstruction says so. TYIA.
  • LebamDawg
    LebamDawg Member, Swaye's Wigwam Posts: 8,788 Swaye's Wigwam
    This doesn't take effect until Jan 6th (might have read that wrong) and it goes to the SCOTUS first, I am sure they will support this decision.

    Have any of the precedent cases mentioned made it to the bigger biased Supreme Court?

    I heard that the Colorado GOP is going to have caucuses and not do an election, not sure what effect that will have on the federal election.

    To all our investigative poasters, has there ever been a state Supreme Court ruling that included its own stay? First tim I have heard of that happening
  • Goduckies
    Goduckies Member Posts: 7,968 Standard Supporter
    HHusky said:

    https://www.citizensforethics.org/reports-investigations/crew-reports/past-14th-amendment-disqualifications/

    Historical precedent also confirms that a criminal conviction is not required for an individual to be disqualified under Section 3 of the Fourteenth Amendment. No one who has been formally disqualified under Section 3 was charged under the criminal “rebellion or insurrection” statute (18 U.S.C. § 2383) or its predecessors. This fact is consistent with Section 3’s text, legislative history, and precedent, all of which make clear that a criminal conviction for any offense is not required for disqualification. Section 3 is not a criminal penalty, but rather is a qualification for holding public office in the United States that can be and has been enforced through civil lawsuits in state courts, among other means.

    The precedent likewise confirms that one can “engage” in insurrection without personally committing violent acts. Neither Kenneth Worthy nor Couy Griffin were accused of engaging in violence, yet both were ruled to be disqualified because they knowingly and voluntarily aided violent insurrections. These rulings are consistent with the views of Attorney General Henry Stanbery, who opined in 1867 that when a person has “incited others to engage in [insurrection or] rebellion, he must come under the disqualification.” President Andrew Johnson and his Cabinet approved that interpretation, and Johnson directed officers commanding the Southern military districts to follow it.

    March over peacefully....


    Game set match
  • Goduckies
    Goduckies Member Posts: 7,968 Standard Supporter
    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
  • HHusky
    HHusky Member Posts: 23,905
    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    NOC
  • HHusky
    HHusky Member Posts: 23,905

    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    NOC
    obviously
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    About your worthless opinion
  • Sledog
    Sledog Member Posts: 37,792 Standard Supporter
    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    They didn't extend the 2nd far enough to get back to the founders meaning. You really are bad at this. The Close Cover Before Striking School of Law and Heavy Machinery, must not have been very good.
  • HHusky
    HHusky Member Posts: 23,905
    Sledog said:

    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    They didn't extend the 2nd far enough to get back to the founders meaning. You really are bad at this. The Close Cover Before Striking School of Law and Heavy Machinery, must not have been very good.
    Yeah, they were obviously just joking about a "well regulated militia".
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    HHusky said:

    Sledog said:

    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    They didn't extend the 2nd far enough to get back to the founders meaning. You really are bad at this. The Close Cover Before Striking School of Law and Heavy Machinery, must not have been very good.
    Yeah, they were obviously just joking about a "well regulated militia".
    Is that the whole ammendment?

    I see

    Shall not infringe

    Fascists like yourself don't really care about the constitution
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
    Sledog said:

    HHusky said:

    Sledog said:

    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    They didn't extend the 2nd far enough to get back to the founders meaning. You really are bad at this. The Close Cover Before Striking School of Law and Heavy Machinery, must not have been very good.
    Yeah, they were obviously just joking about a "well regulated militia".
    Same old commie dodge. It's meaning at the time was "well trained". Not controlled. The founders will tell you but you'd have to look up what they said.
    Commies don't do that because they know it's a loser for them. But then your mythical MBA from Dewey, Cheatum and Howe University is proudly displayed in your trailer.
    They just keep coming with the lies and bullshit

    Sociopaths
  • HHusky
    HHusky Member Posts: 23,905
    Sledog said:

    HHusky said:

    Sledog said:

    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    They didn't extend the 2nd far enough to get back to the founders meaning. You really are bad at this. The Close Cover Before Striking School of Law and Heavy Machinery, must not have been very good.
    Yeah, they were obviously just joking about a "well regulated militia".
    Same old commie dodge. It's meaning at the time was "well trained". Not controlled. The founders will tell you but you'd have to look up what they said.
    Commies don't do that because they know it's a loser for them. But then your mythical MBA from Dewey, Cheatum and Howe University is proudly displayed in your trailer.
    That's not how Scalia dodged it. Learn your Right Wing narratives.
  • RaceBannon
    RaceBannon Member, Moderator, Swaye's Wigwam Posts: 113,941 Founders Club
  • Blueduck
    Blueduck Member Posts: 1,605
    HHusky said:

    Sledog said:

    HHusky said:

    Sledog said:

    HHusky said:

    Goduckies said:

    HHusky said:

    Sources said:

    HHusky said:

    I'd ignore the GOP participants in these lawsuits too if I were you.

    Anyway, CREW is either correct about the precedent or it is not. Feel free to show their error.

    You won't, of course.

    Way to narrow it down. SCOTUS will take it from here, kid
    I would never underestimate the partisan cowardice of this Supreme Court.

    I already told you gals you probably have nothing to worry about.
    The only partisans were the 4 colorado judges.... this should be a 9 0 rebuking
    I'm willing to be pleasantly surprised, but I predict SCOTUS will either duck the merits or butcher the 14th Amendment in the same way they butchered the 2nd. I'm betting they'll duck the merits.

    They might get 9-0 if they duck the merits. I doubt very much they'll get a 9-0 vote on the merits.
    They didn't extend the 2nd far enough to get back to the founders meaning. You really are bad at this. The Close Cover Before Striking School of Law and Heavy Machinery, must not have been very good.
    Yeah, they were obviously just joking about a "well regulated militia".
    Same old commie dodge. It's meaning at the time was "well trained". Not controlled. The founders will tell you but you'd have to look up what they said.
    Commies don't do that because they know it's a loser for them. But then your mythical MBA from Dewey, Cheatum and Howe University is proudly displayed in your trailer.
    That's not how Scalia dodged it. Learn your Right Wing narratives.
    Scalia's pillow says hi
  • HHusky
    HHusky Member Posts: 23,905
    The Colorado Supreme Court already drew Daddy a roadmap for how to remain on the primary ballot. You fake outrage girls are amusing.