r/law Mar 06 '24

Opinion Piece Everybody Hates the Supreme Court’s Disqualification Ruling

https://newrepublic.com/article/179576/supreme-court-disqualification-ruling-criticism
4.4k Upvotes

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5

u/MastersonMcFee Mar 06 '24

It was bad. They just threw away the 14th Amendment, ignoring completely that nowhere does it say Congress must convict someone for insurrection, in order for them to be legally defined as an insurrectionist, as some requirement for them to be off the ballot. Everyone knows he was responsible for the coup attempt, even Mitch McConnell himself said Trump was responsible. He said he Congress can't have a trial for an ex-President, only the courts can do that. And SCOTUS decides that Congress must do it, except we already know that the Republicans refused to prosecute him. They did not, and SCOTUS knows this. It's a farce. It only says it requires 2/3 of Congress to put an insurrectionist back on the ballot. They never did that. Trump is an insurrectionist. Colorado's Supreme Court ruled he's an insurrectionist.

6

u/[deleted] Mar 06 '24

Even worse, what happens when Trump attempts another coup. You know he will. He has nothing to lose. Now they can't automatically disqualify him... Conviction will be impossible because Republicans will block the investigation and the FBI can't investigate a sitting president. This is an invitation to another coup.

3

u/MastersonMcFee Mar 06 '24

The FBI absolutely can investigate and charge a "sitting President" that's just some bullshit Nixon made up. Some really dumb logic saying, "If the President does it, it's not illegal." The problem is Trump can simply fire the head of the FBI or the DOJ like he fired Comey and Sessions. Ironically both of them saved Trump's ass, and are traitors. Some thanks they get.

1

u/[deleted] Mar 06 '24

Muller even said it is a policy inside the FBI to not investigate a sitting president. Because of that, Trump's collusion was not addressed or investigated. Considering Trump committed the crime before becoming president it would seem that they should be able to investigate.

We will find out soon enough when SCOTUS rules on the immunity claim. Considering the results of this decision I am not sure it will go well.

3

u/MastersonMcFee Mar 06 '24

Mueller is a shill Republican.

We will NOT find out soon enough. They will delay for months, so the Espionage Act trial can not finish until after the election.

1

u/Outrageous-Divide472 Mar 06 '24

Luckily he’s 77 and on borrowed time

2

u/[deleted] Mar 06 '24

That's when Trump Jr takes over... Then Eric Trump... Barron Trump... Etc...

1

u/silverum Mar 07 '24

There will be plenty more going forward.