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Both the House and the Senate have already determined that Trump is disqualified

Today the Supreme Court of the United States is posed to decide the question of whether former President Donald Trump has been disqualified from office by engaging in an insurrection in violation of Section 3 of the 14th Amendment to the US Constitution. The Constitution is clear: [b]Any [/b]official who took an oath of office is disqualified if they “have engaged in insurrection” against the Constitution or “given aid or comfort to the enemies thereof.”

The Colorado Supreme Court has already ruled Trump to be ineligible on the basis of both the January 6, 2021, attack on the Capitol, which interfered with the certification of the Electoral College vote for president, and the former president’s overall scheme to overturn the 2020 election. What’s more, Trump has given aid and comfort to the attackers (as well as other participants in his scheme) ever since that day.

There are two questions at the core of this case: Was January 6 an insurrection and did Trump “engage” in it?

Colorado has already adjudicated that January 6th 2020 was indeed and insurrection and that Trump actively engaged in planning it, executing it, inciting the rioters, refused to mitigate it [b]even after it became violent and deadly[/b], continues [b]to this day (more than three years later!) to lie about it[/b], calls the rioters patriots and promises to pardon them. Obviously, the traitor doesn’t know the meaning of the word “patriot.”

Recall that majorities of both the House and the Senate have already found that January 6 was an insurrection and that Trump not only engaged in it but “incited” it—[b]despite the fact that multiple Republicans who participated in the January 6th insurrection were among those voting![/b]. Those votes came in the 2nd impeachment of Trump, in January/February of 2021, in which majorities of both the House and the Senate backed an article of impeachment against Trump for “incitement of insurrection.” This vote occurred after a full public trial in which Trump was able to mount a defense—and it should be deemed persuasive, if not conclusive. This was the conclusion of 232 of 435 representatives and 57 of 100 senators. The14th Amendment does not require anyone to have voted to disqualify an insurrectionist, whether that’s a legislature or a jury. It certainly does not require a conviction. Legally, the insurrectionist is disqualified the moment he/she engages in an insurrection.

The Constitution is clear, Congress’ votes are clear and Trump’s disqualification is thus wholly justified. If some people disagree, they can push for Congress to reinstate Trump as provided by the Constitution and spelled out in the 14th Amendment. That is the clear intent of the 14th Amendment—which the SCOTUS should fully embrace.

 
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