It’s sad that our courts have now just become a pipeline to the Supreme Court because appeals are just standard now.
That said, seems like the judge is making good use of that fact to send this decision high enough up the pipeline that the ruling won’t be overturned. Even our conservative-leaning Supreme Court would have a hard time saying that the President is free to engage in insurrection, which is what a ruling in Trump’s favor would mean.
That’s the good news I needed on a Monday.
The factual finding that Trump engaged in an insurrection is extremely unlikely to be overturned, as factual findings are given great deference by appeals courts. But the legal finding that the 14th Amendment then wouldn’t bar him from the Presidency is flimsy, and could be easily overruled. He would then be barred from becoming President ever again.
The headline from the ruling is that Trump has been found by a court of law to in fact be an insurrectionist.
Can’t make this stuff up – must be close to election season
He watched *The Man in the High Castle* and his mushroom grew two sizes.
It seems that everyone that’s doesn’t matter or have final say in his convictions always bursts Trump’s bubble.
The 14th amendment argument is ultimately a loser, as the US Supreme Court would find some reason to give Trump a pass.
What the judge did was to provide a pathway for the DOJ to charge Trump with insurrection. The US Code is a lot more straightforward than is the 14th amendment:
>*18 USC 2383: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and* ***shall be incapable of holding any office under the United States.***
Even a right-wing Supreme Court would have a difficult time overturning a conviction based upon that statute.
Unlike the 14th amendment, it applies to everyone in the US who violated the law, without regard for what their next day job happens to be.
At some point, Trump opponents should start calling out the Justice Department for not charging Trump with insurrection when a court has explained in detail why it should.
I don’t want to be a doomer because I DO think Trump will eventually see *some kind* of repercussions BUT….
I’m so goddam sick of the dozen or so “gotchya” articles every day about Trump. Every. Goddam. Day. Let me know when he’s actually got. Until then idgas what “gaffs” are made or what “former federal lawyer” thinks he’s doomed. Just fucking let us not think about Trump for 15 fucking minutes and just get back to us when something ACTUALLY happens.
The judge was probably fearful of putting a target on her back while in a public facing job. An appeals court spreads the responsibility out over several people.
[deleted]
False. The worst outcome would be lead to someone slapping the manacles on him. Until then he is free to continue to spew his filth.
One can only hope…Not holding my breath tho.
Idgaf about legal experts, I want to read an article that says he is going to jail now
This is such a distracting picture. He has a throat vagina… I can’t unsee it.
Pbl PPP pop
This is bad news for Dems. Trump is the boogie man who drives up turnout. If he doesn’t run then the Republicans will beat Biden due to low turnout. :-/
He’s definitely going to prison this time guys!
He got that neckussy in that article picture.
Let’s be clear, this case was about keeping him off the primary ballot, and winning a primary doesn’t get you an office. What happens when he wins the primary, and then isn’t allowed on the “real” ballot? Does the GOP end up without a candidate?
> it’s going to go on appeal
I’ve been thinking about this. The ruling says he *did* incite insurrection… it wouldn’t be tough to imagine an appellate court saying “Well if that’s the case, we have this 14th amendment that’s applicable, with no need for interpretation.”
The key everyone is somehow missing is the judge ruled he cannot be held off the Primary Ballot which is the exact same thing the MN Supreme Court ruled. Now the reasons given why he cannot by the CO judge were stupid, MN at least said they will hear the motion when he appears on the Government General Election Ballot.
The Government removing him from the Republican Primary Ballot seems iffy at best. Any sane party would avoid putting a person on ballot that has a chance to be removed by the 14th Amendment but this is where are at.
Bigly worst
What would happen if Trump is elected but barred from office? His VP pick becomes pres? Or Mike fuckin Johnson? 😮
I’m sick and tired of reading how this and that will go bad for this criminal that eventually will get away without any consequence.
Ianal, however I interpreted her ruling as saying, “I’d like to deny him the ballot but being a lowly judge, this will be appealed so I’ll give the prosecution all the ammunition to support his being excluded from the ballot on appeal by a higher court.”
The wheels of justice grind slowly but they do grind.
Tcu
Proof, yet again, that our justice system is about as useful as tits on a bull.
Not a lawyer but the Constitution is clear that if the Judge was correct about his views on the fact that Trump did cause a insurrection then he is fucked in those cases. On top on that and we know Trump isn’t the wealthiest person and the judge said he was responsible for the insurrection.
So the lady who was shot on Jan 6 can sue Trump and win. They could probably tack on manslaughter charges in the criminal case. The US Government can sue him for the damages and the repairs.
Taking TFG off of the ballot only hurts Biden, at least in red states. Lazy voters won’t stir themselves to vote against the other candidates.
29 comments
It’s sad that our courts have now just become a pipeline to the Supreme Court because appeals are just standard now.
That said, seems like the judge is making good use of that fact to send this decision high enough up the pipeline that the ruling won’t be overturned. Even our conservative-leaning Supreme Court would have a hard time saying that the President is free to engage in insurrection, which is what a ruling in Trump’s favor would mean.
That’s the good news I needed on a Monday.
The factual finding that Trump engaged in an insurrection is extremely unlikely to be overturned, as factual findings are given great deference by appeals courts. But the legal finding that the 14th Amendment then wouldn’t bar him from the Presidency is flimsy, and could be easily overruled. He would then be barred from becoming President ever again.
The headline from the ruling is that Trump has been found by a court of law to in fact be an insurrectionist.
Can’t make this stuff up – must be close to election season
He watched *The Man in the High Castle* and his mushroom grew two sizes.
It seems that everyone that’s doesn’t matter or have final say in his convictions always bursts Trump’s bubble.
The 14th amendment argument is ultimately a loser, as the US Supreme Court would find some reason to give Trump a pass.
What the judge did was to provide a pathway for the DOJ to charge Trump with insurrection. The US Code is a lot more straightforward than is the 14th amendment:
>*18 USC 2383: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and* ***shall be incapable of holding any office under the United States.***
Even a right-wing Supreme Court would have a difficult time overturning a conviction based upon that statute.
Unlike the 14th amendment, it applies to everyone in the US who violated the law, without regard for what their next day job happens to be.
At some point, Trump opponents should start calling out the Justice Department for not charging Trump with insurrection when a court has explained in detail why it should.
I don’t want to be a doomer because I DO think Trump will eventually see *some kind* of repercussions BUT….
I’m so goddam sick of the dozen or so “gotchya” articles every day about Trump. Every. Goddam. Day. Let me know when he’s actually got. Until then idgas what “gaffs” are made or what “former federal lawyer” thinks he’s doomed. Just fucking let us not think about Trump for 15 fucking minutes and just get back to us when something ACTUALLY happens.
The judge was probably fearful of putting a target on her back while in a public facing job. An appeals court spreads the responsibility out over several people.
[deleted]
False. The worst outcome would be lead to someone slapping the manacles on him. Until then he is free to continue to spew his filth.
One can only hope…Not holding my breath tho.
Idgaf about legal experts, I want to read an article that says he is going to jail now
This is such a distracting picture. He has a throat vagina… I can’t unsee it.
Pbl PPP pop
This is bad news for Dems. Trump is the boogie man who drives up turnout. If he doesn’t run then the Republicans will beat Biden due to low turnout. :-/
He’s definitely going to prison this time guys!
He got that neckussy in that article picture.
Let’s be clear, this case was about keeping him off the primary ballot, and winning a primary doesn’t get you an office. What happens when he wins the primary, and then isn’t allowed on the “real” ballot? Does the GOP end up without a candidate?
> it’s going to go on appeal
I’ve been thinking about this. The ruling says he *did* incite insurrection… it wouldn’t be tough to imagine an appellate court saying “Well if that’s the case, we have this 14th amendment that’s applicable, with no need for interpretation.”
The key everyone is somehow missing is the judge ruled he cannot be held off the Primary Ballot which is the exact same thing the MN Supreme Court ruled. Now the reasons given why he cannot by the CO judge were stupid, MN at least said they will hear the motion when he appears on the Government General Election Ballot.
The Government removing him from the Republican Primary Ballot seems iffy at best. Any sane party would avoid putting a person on ballot that has a chance to be removed by the 14th Amendment but this is where are at.
Bigly worst
What would happen if Trump is elected but barred from office? His VP pick becomes pres? Or Mike fuckin Johnson? 😮
I’m sick and tired of reading how this and that will go bad for this criminal that eventually will get away without any consequence.
Ianal, however I interpreted her ruling as saying, “I’d like to deny him the ballot but being a lowly judge, this will be appealed so I’ll give the prosecution all the ammunition to support his being excluded from the ballot on appeal by a higher court.”
The wheels of justice grind slowly but they do grind.
Tcu
Proof, yet again, that our justice system is about as useful as tits on a bull.
Not a lawyer but the Constitution is clear that if the Judge was correct about his views on the fact that Trump did cause a insurrection then he is fucked in those cases. On top on that and we know Trump isn’t the wealthiest person and the judge said he was responsible for the insurrection.
So the lady who was shot on Jan 6 can sue Trump and win. They could probably tack on manslaughter charges in the criminal case. The US Government can sue him for the damages and the repairs.
Taking TFG off of the ballot only hurts Biden, at least in red states. Lazy voters won’t stir themselves to vote against the other candidates.