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Author: lizgdal   😊 😞
Number: of 48497 
Subject: Re: Trump and 14th Amendment
Date: 09/15/2023 1:48 PM
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The 14th amendment disqualification has only been been used about 2 times beyond the Civil War aftermath, but January 6th was an unprecedented assault and so the U.S. is in uncharted waters. A majority of U.S. Senators voted "guilty" when Trump was impeached for "incitement of insurrection". This was not enough to convict, but there was substantial evidence presented. The J6 committee found even more evidence of insurrection, and the civil trials will allow all parties opportunity to present the evidence in court.

I have no doubt Trump planned and supported the January 6th United States Capitol attack, in an effort to stop the vote certification and move the election into the House. This attack caused lasting damage to the U.S., including reduced confidence in election results, dividing the country, and damage to U.S. national security.

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Second impeachment of Donald Trump
"The House of Representatives of the 117th U.S. Congress adopted one article of impeachment against Trump of "incitement of insurrection", stating that he had incited the January 6 attack of the U.S. Capitol... Many Republican senators challenged the validity of holding an impeachment trial for a president no longer in office while proponents cited the Senate's 1876 trial of William W. Belknap, the Secretary of War under President Ulysses S. Grant, who was impeached but not convicted, after leaving office. At the trial, 57 senators voted "guilty", which was less than the two-thirds majority needed (67) to convict Trump, and 43 senators voted "not guilty", resulting in Trump being acquitted of the charges on February 13, 2021."
https://en.wikipedia.org/wiki/Second_impeachment_o...

The precedent for 14th Amendment disqualification, July 7, 2023
"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. "
https://www.citizensforethics.org/reports-investig...
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