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this post was submitted on 05 Jan 2024
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politics
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Yes but you don't seem to understand that due process in this case doesn't mean he needs a criminal trial and conviction for him to be removed.
Read the 14th amendment then tell me where it mentions "convicted of insurrection" - it does not. It only mentions participation, or even supporting someone who participated.
Trump is receiving the due process as we speak right now.
If there was a waiver of due process it would be stated.
But section 14.1 of the 14th amendment reads
This precedes section 14.3 which addresses Disqualification from Holding Office. 14.1 due process precedes all other sections of the amendment to establish a requirement for due process in all other sections.
You have my upvote for actually going through the Amendment. Respect.
However, you're still ignoring the point that due process is occurring (at least in Colorado, Maine was definitely dodgy). Trump does not need to be criminally convicted of insurrection, it just needs to be decided in court that he meets the bar of being disqualified from office. The Colorado Supreme Court decided Trump should be removes from the ballot, now the US Supreme Court will decide - that is due process.
Being disqualified under 14.3 has a slightly different set of standards to meet than a criminal conviction for insurrection. Arguably he should also face a criminal charge, and a conviction would make the disqualification a sure thing.
It's a bit like civil vs criminal. If you're convicted of a crime, then the civil trial is basically a slam dunk. However, OJ famously got off on the criminal murder charge, then lost the civil trial for killing his victims. Trump being convicted of the crime of insurrection is a separate type of proceedings to removing him from the ballot for being involved with insurrection.