Minnesota
Related: About this forumMN Supreme Court to decide today whether Whiny should be off the ballot
because of the 14th Amendment.
Professor Schultz commented that if this will pass, another state court may decide that Biden did something that could keep him..
I think, no legal knowledge, that Whiny has to be convicted first..
Ocelot II
(120,819 posts)According to the analysis of Laurence Tribe and Judge Luttig, he doesn't have to be convicted first because the 14th Amendment is self-executing - that is, there is no precondition other than committing insurrection, not necessarily being convicted of it. Since the Insurrection Act was passed before the 14th Amendment, they could have made conviction under the act a prerequisite, but they didn't.
2naSalit
(92,668 posts)NJCher
(37,865 posts)what Ocelot says in her post, you can listen to some of Preet Bahara and Joyce Vance on Cafe Insider's "Trick or Trump." I listened yesterday and found it very interesting.
Thanks for the link, Ocelot. Will be listening.
duhneece
(4,238 posts)He was only convicted for trespassing.
https://amp.cnn.com/cnn/2022/09/06/politics/couy-griffin-new-mexico-january-6/index.html
bucolic_frolic
(46,973 posts)Confederates were excluded wholesale, no convictions required. They had rebelled against the U.S.A.
The U.S. Army was the force in possession of the administrative and often legal apparatus of the South. It was run by General Grant in Washington. He appointed Army personnel as agents. They usually made decisions. No SCOTUS or courts involved. Like most officials in Louisiana were tossed from office. This loosely from the book, newly released, "Klan War" by Fergus M. Bordewich.
Where that leaves us today is anyone's guess. Will SCOTUS conservatives refuse to see what they saw on Jan 6th? If his underlings were doing political things outside their official duties to overturn the election results, and that is what they've been charged with, some of them, or did they already cop that plea?, then Whiny is along for the ride. It's as good as insurrectionist in my mind.
BTW, WHINY is a great name. Almost like a trademark because it fits so well. Shout it from the rooftops.
NJCher
(37,865 posts)there are two cases, so look for the one that says about "trump".