Legally, how do we decide if a candidate engaged in "insurrection"? For most legal processes like this, there's a trial. With witnesses. And the accused has rights to question the witnesses, etc..
Aside from an impeachment ("not guilty"), Trump has not had a trial. He hasn't even been charged in a court of law.
Suppose some Republican person in charge of elections decided that Biden engaged in an insurrection and is ineligible to be on the ballot. You may laugh, but isn't that the legal theory we're putting forward -- that an election official gets to decide if the 14th amendment applies?
There was a (civil) trial in Colorado where Trump was allowed to cross examine the plaintiff's witnesses, present his own evidence, even testify had he wanted to.
There was an administrative process in Maine where Trump had the right to present evidence and witnesses, but largely opted not to.
So it is not right to claim that Trump received no due process here. (And his appeal to SCOTUS is another part of that due process).
"Suppose some Republican person in charge of elections decided that Biden engaged in an insurrection and is ineligible to be on the ballot."
A fair point, Steve. Perhaps someone should charge him with that crime... Of course, that's precisely what's happening, but is in the delay, delay, delay state.
Legally, how do we decide if a candidate engaged in "insurrection"? For most legal processes like this, there's a trial. With witnesses. And the accused has rights to question the witnesses, etc..
Aside from an impeachment ("not guilty"), Trump has not had a trial. He hasn't even been charged in a court of law.
Suppose some Republican person in charge of elections decided that Biden engaged in an insurrection and is ineligible to be on the ballot. You may laugh, but isn't that the legal theory we're putting forward -- that an election official gets to decide if the 14th amendment applies?
There was a (civil) trial in Colorado where Trump was allowed to cross examine the plaintiff's witnesses, present his own evidence, even testify had he wanted to.
There was an administrative process in Maine where Trump had the right to present evidence and witnesses, but largely opted not to.
So it is not right to claim that Trump received no due process here. (And his appeal to SCOTUS is another part of that due process).
"Suppose some Republican person in charge of elections decided that Biden engaged in an insurrection and is ineligible to be on the ballot."
It is a legitimate problem.
These were NOT trials of Trump, for insurrection.
A fair point, Steve. Perhaps someone should charge him with that crime... Of course, that's precisely what's happening, but is in the delay, delay, delay state.