Donald Trump

It's called the Trump card. Slave owning politicians who drafted the constitution foresaw In the future a white supremacist would rise up and restore slavery.

So they wrote a clause that could only be given this interpretation when their new Messiah was ready.

The short version is, it's the bottom of the barrel in defending Trump's obvious guilt.

It completely contradicts the unitary executive theory that the republicans are obsessed with. They can't both be true.
The American Constitution plainly isn’t fit for purpose. That, social media, their slow but inexorable decline as a world power, and it’s why things seem to be breaking down. Don’t see how there’s any way out of it. They seem so divided.

We certainly can’t rely on them anymore. That ship has definitely sailed.
 
I think you’re correct in your assessment of what the arguments will centre on for the case.

My understanding is that there’s basically three main arguments against:

1. The President isn’t an officer - a complete hogwash opinion quite rightly overturned by the Colorado Supreme Court. The President is referred to as an officer plenty of times in the corpus of law and the constitution.

2. What Trump did doesn’t count as an insurrection - the argument here is that as Trump didn’t physically take part in the march on the capitol or because it wasn’t prolonged enough, that Trump’s actions don’t qualify. Again I think this argument is bunk to anybody with a brain.

3. The 14th amendment is ambiguous about due process - this is one of the major contentions of those who voted against in Colorado. It’s not at all clear what amount of process the constitutional right to be on the ballot requires. Some argue Trump got a trial, had the opportunity to provide evidence and statements, it was heard by a panel of judges and they deemed that he incited an insurrection so that is his due process - it is certainly more than you might see in some civil proceedings. Others will argue that removing somebody from a ballot should require the same due process as one would receive under criminal conviction like the right to a jury trial. This is a genuinely ambiguous and arguable part of the 14th amendment.

If the SCOTUS votes against then it will be under the guise of Trump not receiving sufficiently robust due process - and if this is the case they might attempt to set the standard that needs to be met (e.g. a criminal conviction relating to insurrection). If they do this then Trump could still be barred from holding office at a later date if he is convicted (at the state level so he can’t pardon himself), which could cause all kinds of chaos.
That's a better write up than mine. But my point still stands that there is enough there for the conservative judges to help him if they want.

Given they will have to deal with lots of Trump issues this year I think they will on this one. But not on the immunity one which is more absurd.

But there is a negative for Trump here. If Americans feel he is getting special treatment from 'his' judges then that is going to piss people of big time.
 
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First, if he dies, 57% of his cult will believe he isn’t actually dead. The other 43% will believe he was killed by the Biden’s FBI or the Deep State or what not. So his death won’t solve many problems. Second, I think he’s already labeled organiz(s)ed govt as the enemy of him and his followers. So that’s behind us :)
It may not solve many problems but I’d open a bottle of V.C. to celebrate. The mad old confused ****.

 

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