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I keep seeing people say this, and factually/logically it's true. But according to The Constitution, trump is disqualified from even holding the office. If he gets elected, he's already talked of suspending The Constitution, political revenge, mass firings of civil service positions unless swearing fealty to him, and being a short term dictator. It feels strange and needlessly bombastic to say this, but there is a chance it'll be game over.
If you can explain how Trump can pardon himself from a state civil trial, go for it. Because the much simpler explanation is that Habba is an idiot.
Well, as I thought I said, if you can say explain how an insurrectionist can be elected, I'll say how state courts don't mean shit. Honestly though, I think it's all academic. trump lost the popular vote by 3 million the first time, and 7 million the second. I can not see him doing any better this time around. Then again, that first win did surprise me, so fuck, who knows? Might be a little harder to launch a coup from the outside. Or maybe he'll be in jail. Haha, right.
Edit: And yeah, whatever happens, Habba is indeed an idiot.
The Constitution provides no explanation for who makes that determination under the 14th amendment and under what standards they are to do so. And that is going to be the core of any legal fight over his candidacy - who determines eligibility under 14A and under what standard. Trump and his lawyers will almost certainly aim for the answer being either Congress or a criminal trial, while most on this sub hope that any state judge of SoS should be able to disqualify him nationally on their opinion alone.
The authors of the 14th probably didn't think it was necessary, since they could just go "see that group over there engaged in open rebellion? we mean the people publicly in charge of that", but that's...fuzzier with the J6 stuff. It's not like Trump publicly led the attack on the Capitol, he's too much of a spineless wimp for that.
Furthermore, I am not sure that I really want random State judges determining what counts as insurrection. We already have Greg Abbott claiming that Texas is being actively invaded and the Federal Government is doing nothing about it. If Trump is thrown off the ballot because of the 14th Amendment, I have no doubt that some Texas judge will proclaim Biden as the leader of the Invasion of Texas and throw him off rhe ballot as well....
.... which might be the outcome all of us Lemmings have wanted all along, but not quite like this.
I could pontificate on the other side, but I think this The Atlantic article does a much better job of explaining the 14th Amendment.