965
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 19 Aug 2023
965 points (96.7% liked)
politics
19097 readers
2952 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 1 year ago
MODERATORS
Ehm, yes it is. It's the text.
Laws don't say "a person who committed a crime, if the fact that this crime has been, in fact, committed by that person, has been decided by a judge, who has previously passed the exam necessary....". Laws imply a few basic assumptions. One assumption is, that every decision by "the government" is in principle dependent on the judicial system.
If the IRS decides, you're a millionaire now and taxes you accordingly, you can go to court and they will decide whether you're actually taxable as a millionaire.
Trump may be deemed a traitor/insurrectionist by Congress/Senate/DOJ or any other body and thus barred from running, but he too can simply go to court and let it be decided - and given that the supreme court is, let's say, rather in his favor, the result is rather obvious.
Trump will use any loophole, any slight formal error to get around this. So you have to have a really water tight case.
Hundreds of rioters and those directly involved with the proud boys have pleaded guilty for their role in the instruction. Many of them giving sworn testimony stating that Trump himself gave them a call to action with his words, tweets and actions.
So even if Trump himself isn't convicted on the charges that he is facing, him giving aid and comfort to those who have already been convicted should itself bar him from public office. (in my opinion - I am not a lawyer)
So what?
I'm not defending Trump, but convicting him, solely because of how others interpreted his messages is extremely dodgy.
Here, again, it's up to judges to decide whether these tweets show intent to send these messages. Could Trump reasonably expect that these tweets would be received as an "order" to storm the Capitol?
Well, if it wasn't his intent, he sure did sit watching it on TV until it was clear that the US government would not be overthrown, instead of swiftly taking action like any other president would when congress is under attack
We had to rely on Pence, hiding in the capitol basement, to actually attempt to manage this thing
Again, so what?
Negligent, sure. But that's not the point.
You keep arguing on a moral level, which is entirely besides the point. The question is: is he guilty of insurrection? Not bad presidenting, not shitty behavior.
It's strong circumstantial evidence that the attack on the capitol (which itself is just a component of his overall objective to illegally overturn the election results) was his intention all along
You don't have to convince me, that's once again beyond the point.
I suppose it would ultimately be up to the supreme court to define what exactly that eligibility requirement (that you basically have to have never tried to overthrow the government) as written in the constitution means, but that doesn't actually immediately involve a conviction of Trump for anything (as "being under the age of 35" doesn't require some sort of criminal conviction)
In the hypothetical scenario, someone would try to remove him from the ballot, and the supreme court would either uphold or reject that based on their interpretation of the language of the amendment
Funny enough, no you can't. The courts don't have any say in that.
There's all kinds of government determinations that have no court remedy. Impeachment, for example, is done solely through congress.
Of course they have. If, say, they decide wrongly that the house you sold is worth 50million and not 50k, you can go to court for that.
Impeachment is a bit of a different beast, since it's done by the governing body - essentially they're making it legal on the fly. But even then, I'm pretty sure, if Congress would have decided in 2013 that Obama can't be president because he's black, there would be an option for the supreme court.
I looked into it and you're right! I was under the impression that you only had the option (after exhausting administrative remedies within the IRS) of paying them and then suing them to recover what you consider the excess amount, but the US Tax Court will take cases where the IRS has not been paid yet.